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University of Michigan Law School

United States Supreme Court

Supreme Court of the United States

1969

Articles 1 - 6 of 6

Full-Text Articles in Judges

On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr. Jun 1969

On Earl Warren's Retirement: A Reply To Professor Kurland, Francis X. Beytagh Jr.

Michigan Law Review

On that Monday in June of this year when Earl Warren removed his robe for the last time, a significant era in the history of the country, not just that of the Supreme Court, came to an end. It was in recognition of this (and somewhat in anticipation, as events turned out) that the Michigan Law Review published a symposium on the so-called "Warren Court" in its December 1968 issue. Those articles were ·written by distinguished scholars and practitioners and are of consistently high quality. All but one of them dealt with important substantive matters considered and decided by the …


The Fortas Controversy: The Senate's Role Of Advice And Consent To Judicial Nominations, Prospectus: A Journal Of Law Reform Apr 1969

The Fortas Controversy: The Senate's Role Of Advice And Consent To Judicial Nominations, Prospectus: A Journal Of Law Reform

University of Michigan Journal of Law Reform

Introduction to the Articles, The Broad Role by Robert P. Griffin, and The Discriminating Role by Philip A. Hart


The Discriminating Role, Philip A. Hart Apr 1969

The Discriminating Role, Philip A. Hart

University of Michigan Journal of Law Reform

The controversy which arose in the summer of 1968 over the nomination of Mr. Justice Abe Fortas to be Chief Justice of the United States has raised serious questions about the proper role of the Senate in advising and consenting to such nominations. That Sen. Hart’s remarks may be read in perspective, it should be mentioned that he supported strongly the nomination of Mr. Fortas. Hart believes that were it not for the unique circumstances of the summer of 1968- the erosion of the power of the President with the approach of a political campaign, the nearness of the end …


The Broad Role, Robert P. Griffin Apr 1969

The Broad Role, Robert P. Griffin

University of Michigan Journal of Law Reform

This article will expand on two major points: first, the nature of the higher responsibility which the Senate owes to considerations of judicial nominations; and second, the factors generally influencing non-consent in the Fortas case. The purpose is not to reopen a discussion of the particularities of Justice Abe Fortas' quality for appointment as Chief Justice of the United States. Rather we will be concerned only with the types of factors influencing a Senate determination.


Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman Apr 1969

Howard: Mr. Justice Murphy, A Political Biography, Eugene Gressman

Michigan Law Review

A Review of Mr. Justice Murphy, A Political Biography by J. Woodford Howard


Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow Jan 1969

Review Of Concerning Dissent And Civil Disobedience, By A. Fortas, Terrance Sandalow

Reviews

Noah Chomsky has written of Justice Fortas' essay that it "is not serious enough for extended discussion." It would be a mistake to dismiss the essay so lightly. The prestige of Justice Fortas' office almost inevitably will gain for the essay an audience it would not otherwise have had, among whom will be those who will confuse the office with the argument. For some this confusion will insulate the argument from criticism. For others it will tarnish the office.