Digital Commons Network^™

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

Equitas, Vol Ix, No. 3, November 1977, New York Law School

Student Newspapers

No abstract provided.

The Early Legal Career Of Howell Jackson, Terry Calvani

Vanderbilt Law Review

Felix Frankfurter observed in 1937 that "American legal history has done very little to rescue the [United States Supreme] Court from the limbo of impersonality."' Subsequently, numerous individual and collective works have focused on the more prominent figures in the history of that institution.' Unfortunately, there remain many justices of the Supreme Court who have received relatively little scholarly attention. Yet, as one political scientist has recently lamented, "[until] there is a fuller awareness of the inter-play between individual personalities and decision making, it is unlikely there will be 'an adequate history of the Supreme Court."

One such individual is …

Reason And The Fourth Amendment―The Burger Court And The Exclusionary Rule , Norman M. Robertson

Fordham Law Review

No abstract provided.

Labor Law - Labor-Management Reporting And Dislcosure Act - Meeting Attendance Requirement For Candidates For Union Office Found Invalid, Charles D. Ossola

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Disciplinary Infliction Of Corporal Punishment By Public School Authorities Without A Prior Hearing Is Not Cruel And Usual Punishment And Is Not Violative Of The Student's Fourteenth Amendment Procedural Due Process Rights, Mary Lynn Bingham

Villanova Law Review (1956 - )

No abstract provided.

Government By Judiciary: The Transformation Of The Fourteenth Amendment, Gerard E. Lynch

Faculty Scholarship

As its title suggests, Raoul Berger's Government by Judiciary states an extreme version of a familiar thesis: The Supreme Court has abandoned its proper role as interpreter of the Constitution and has usurped the power to act as a third legislative chamber. Like kadis under a tree, the Court creates law from mere personal predilections. The main instrument of this judicial coup has been the fourteenth amendment. Government by Judiciary is an historian's book, strongest when using the historian's tools to illuminate the past. Underlying this research, however, is a remarkably simplistic theory of constitutional interpretation, a theory that forms …

Book Review: The Law Of Obscenity, Edward J. Berbusse, S.J.

Fordham Urban Law Journal

Edward J. Berbusse, S.J. reviews The Law of Obscenity by Frederick F. Schauer. Schauer's book provides a historical perspective on obscenity law, tracking developments through several centuries. It begins with a look at obscenity law within the Church during the 16th and moves through civil law in England and up to the present in the United States. The book then explores the Miller v. California decision and the Supreme Court's move to a local standard, rather than national, of obscenity. In addition to the Miller case, Schauer looks at other important decisions which developed the modern body of law focusing …

From Washington To Arlington Heights And Beyond: Discriminatory Purpose In Equal Protection Litigation, Robert G. Schwemm

Law Faculty Scholarly Articles

When the Supreme Court decided Washington v. Davis on June 7, 1976, it began a new era in civil rights law. Rejecting the contention that state action is unconstitutional solely because it operates to injure more blacks than whites, the Court held that proof of discriminatory purpose is necessary to establish a claim of racial discrimination under the equal protection clause. In two cases decided the following term—Village of Arlington Heights v. Metropolitan Housing Development Corp. and Castaneda v. Partida—the Court reaffirmed its commitment to the discriminatory purpose requirement, but was badly divided on how to apply the …

United States Trust Company Of New York V. New Jersey―The Contract Clause In A Complex Society, Robert A. Mctamaney

Fordham Law Review

No abstract provided.

Equality Before The Law And The Indian Act: In Defence Of The Supreme Court, Patrick N. Mcdonald

Dalhousie Law Journal

The British North America Act' declares in section 91(24) that the exclusive legislative authority of Parliament extends to "Indians, and Lands reserved for the Indians". The Canadian Bill of Rights provides that no law of Canada shall be applied so as to abridge the right of the individual to equality before the law without discrimination by reason of race, national origin, colour, religion or sex. Three recent decisions of the Supreme Court of Canada have grappled with the reconciliation of constitutional authorization and statutory proscription. The trilogy has evoked a virtually unprecedented volume of critical comment, the common feature of …

Quasi In Rem On The Heels Of Shaffer V. Heitner: If International Shoe Fits . . ., Suzanne T. Marquard

Fordham Law Review

No abstract provided.

John Jay And The Judicial Power, G. Homer Durham

BYU Studies

No abstract provided.

Water Rights: The Mccarren Amendment And Indian Tribes' Reserved Water Rights, Elizabeth Mccallister

American Indian Law Review

No abstract provided.

William 0. Douglas: An Appreciation, Abe Fortas

Indiana Law Journal

No abstract provided.

Mr. Justice Douglas, Robert A. Sprecher

Indiana Law Journal

No abstract provided.

Minor Supreme Court Justices: Their Characteristics And Importance, David N. Atkinson

Florida State University Law Review

No abstract provided.

Nixon's Legacy To The Supreme Court: A Statistical Analysis Of Judicial Behavior, S. Sidney Ulmer, John A. Stookey

Florida State University Law Review

No abstract provided.

The Taney Period, 1836-64, David S. Bogen

Faculty Scholarship

No abstract provided.

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

Some Comments On Proposals For Reform Of The Federal Appellate Court System, Terrance Sandalow

Law Quadrangle (formerly Law Quad Notes)

In response to growing concern over the rapidly increasing caseloads of the federal courts of appeal, the 92nd Congress established the Commission on Revision of the Federal Court Appellate System. The Commission was instructed "to study the structure and internal procedures of the federal courts of appeal system" and to recommend such "changes in structure or internal procedure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal courts of appeal...."

In April 1975, the Commission issued a preliminary report of its views. Among the recommendations contained in that report was a proposal that …

Constitutional Common Law, Henry Paul Monaghan

Faculty Scholarship

Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …

Abstention: The Supreme Court And Allocation Of Judicial Power, Randall P. Bezanson

Vanderbilt Law Review

In an era of continually expanding federal judicial power, the Supreme Court has fashioned and employed several devices designed to delegate certain classes of federal question litigation to the state court systems. Among these devices are the doctrines of abstention, comity, and exhaustion of state remedies. Implementation of these doctrines has enabled the Supreme Court to maintain state judicial presence in federal question litigation and retain at least the appearance of a manageable federalized judicial structure. This article will attempt to analyze the function of the abstention doctrines as judicially-created tempering devices. Following a brief discussion of the factors that …

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.

Is A 4-3 Decision Of The United States Supreme Court The "Supreme Law Of The Land"?, Thomas M. Burke

Florida State University Law Review

No abstract provided.

The Court, The Constitution, And Chief Justice Burger, William F. Swindler

Vanderbilt Law Review

Although the constitutional crisis of 1973 has not yet demanded a definitive response from the Supreme Court, it obviously has established a landmark in the ultimate history of Warren Burger's Chief Justiceship. While the unprecedented confrontation between executive and judiciary was not carried beyond the Court of Appeals for the District of Columbia, Burger's old court,' and although the prospective confrontation between executive and Congress did not--at least in its first round-- reach a stage of review on the merits, the questions presented went to the cornerstones of Anglo-American constitutional theory itself. The case of Vice President Agnew raised issues …

Book Review: Antecedents And Beginnings To 1801, David S. Bogen

Faculty Scholarship

No abstract provided.

Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds

Faculty Scholarship

No abstract provided.

Mr. Justice Douglas And The Loneliness Of Long Distance Judging, Peter Westen

Law Quadrangle (formerly Law Quad Notes)

The Supreme Court had recessed last summer when a federal court in July declared the American war in Cambodia unconstitutional, raising the question whether the war should be permitted to continue in the meantime while the government appealed. The question went first to Justice Thurgood Marshall, who refused to act alone, and then to Justice William O. Douglas who was found in hiking boots and jeans at his mountain retreat in Gooseprairie, Washington. Douglas heard argument on both sides and then ordered an immediate halt to the war. He said he was doing what any judge would do under the …

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …