Digital Commons Network^™

The Spencer Roanes Of 1958, John D. O'Reilly Jr.

Villanova Law Review (1956 - )

No abstract provided.

Book Review. Essays In Constitutional Law (Robert G. Mccloskey, Ed.), W. Howard Mann

Articles by Maurer Faculty

No abstract provided.

Book Reviews

Fordham Law Review

No abstract provided.

Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert E. Rodes

Journal Articles

Nowadays, there is no more discredited era in our judicial history than that represented by such cases as Lochner v. New York.' During this era, we are told, our ancestors were so benighted economically as to embrace economic principles incapable of producing the good life, and so benighted judicially as to read their economics into the Constitution. We have barely left behind us the bulk of the advocates and judges whose role in history it was to slay the giant laissez-faire, so it is not surprising that we should have no picture of their adversary but the dne that was …

The Federal Loyalty -- Security Program, Harold W. Chase

Vanderbilt Law Review

In the long run, the Report of the Special Committee on the Federal Loyalty-Security Program of the Association of the Bar of the City of New York will undoubtedly have a profound effect on the national government's complex of programs designed to ferret "security risks" out of government, industrial and maritime jobs. Indeed, the short-run impact has been impressive....

In sum and substance this is a very fine report, my own criticisms notwithstanding. In addition to the portions of the report discussed in detail above there are excellent chapters on the issues involved, the Communist threat, the operation of the …

Mr. Justice Rutledge And The Roosevelt Court, Alfred O. Canon

Vanderbilt Law Review

The career of Mr. Justice Wiley Blount Rutledge on the Supreme Court of the United States came to an end on September 10, 1949. His passing signified the end of a man's work--and the end of an era. As Rutledge's last opinion became a part of American constitutional history, the Roosevelt Court disappeared and a new alignment of majority and minority was born. The influence of Rutledge in this important period of constitutional development will be difficult to measure until the broader outlines of contemporary social, political, economic, and legal trends are more firmly sketched in the future. A justice's …

Holmes And Brandeis: Companions In Dissent, Samuel J. Konefsky

Vanderbilt Law Review

In the 1920's, the words "Justices Holmes and Brandeis dissented" had become a familiar refrain in discussions about the work of the Supreme Court. This affinity between two men so unlike each other in background and method naturally puzzled the observers, and the effort to explain their relationship has produced two mutually contradictory theories. One view holds that though the two jurists approached problems differently, they usually arrived at the same conclusion because they shared a common philosophy on all really basic issues. "Oliver Wendell Holmes and Louis Dembitz Brandeis," a contemporary press comment read, "have achieved a spiritual kinship …

Justice William Cushing And The Treaty-Making Power, F. William O'Brien S.J.

Vanderbilt Law Review

Although the work of the Supreme Court during the first few years was not great if measured in the number of cases handled, it would be a mistake to conclude that the six men who sat on the Bench during this formative period made no significant contribution to the development of American constitutional law. The Justices had few if any precedents to use as guides, and therefore their judicial work, limited though it was in volume, must be considered as stamped with the significance which attaches to all pioneer activity. Moreover, most of this work was done while on circuit …

Samuel F. Miller, Justice Of The Supreme Court, 1862-1890, Charles Fairman

Vanderbilt Law Review

It was in the summer, about 1880. Miller, on the rounds of his circuit, had come to Omaha, where, in chambers, he was to hear counsel argue a mining case from Colorado. In the hall of the post office building, Miller saw Roscoe Pound (aetat circa 101 and already known to the Judge), and greeted him with the inquiry: "Well, sonny, how would you like to come with me while I hear a case?" Gladly the lad went along, and seated himself on the floor, Turkish-fashion, under the Judge's desk. The controversy concerned what was then a new and highly …

A Sketch Of John Marshall Harlan's Pre-Court Career, David G. Farrelly

Vanderbilt Law Review

Like other men before and after his time, John Marshall Harlan of Kentucky left his imprint on the law. Nearly 34 years on the Supreme Court of the United States gave Harlan ample opportunity to express his opinions on a host of legal questions. Sitting on the high bench as he did from 1877 to 1911, public problems passed before him for review in the form of litigation. During that post-Civil War period as today there was discrimination against the Negro in American society. Despite the constitutional guaranties of the 13th, 14th and 15th Amendments, Negroes were not accorded the …

The Utopian Pilgrimage Of Mr. Justice Murphy, John P. Roche

Vanderbilt Law Review

On July 19, 1949, Frank Murphy, Associate Justice of the Supreme Court of the United States died in Detroit. The liberal press mourned the passing of a mighty warrior for civil liberty. Other journals observed the protocol of the occasion by politely deploring his death, the University of Michigan Law School prepared a memorial issue of the Michigan Law Review' in honor of its distinguished alumnus, a few encomiums appeared in the law journals, then silence set in. A silence which has been broken only by occasional slighting references to Murphy's talents, and by a word-of-mouth tradition in law school …

Chief Justice Taney: Prophet Of Reform And Reaction, Robert J. Harris

Vanderbilt Law Review

Roger Brooke Taney's judicial career began and ended in controversy.' His appointment as Chief Justice in 1836 came not long after his nomination to be Secretary of the Treasury had been rejected and his nomination to be an Associate Justice of the Supreme Court had been indefinitely postponed because of his role as a central figure in the great controversy between the Jackson administration and the Bank of the United States. These successive nominations of Taney to high position evoked a flood of partisan invective against him in an age which was hardly characterized by restraint. In the course of …

The "Liberalism" Of Chief Justice Hughes, Samuel Hendel

Vanderbilt Law Review

Charles Evans Hughes ascended the bench as Chief Justice of the United States in February 1930 in the midst of the most serious and steadily worsening economic crisis in American history; a crisis which was to put the institution of judicial review, the Court, and the leadership of its Chief Justice to their severest test. "One may search in vain," said Harlan F. Stone, "for a period in the history of the Supreme Court in which the burden resting on the Chief Justice has been so heavy or when his task has been more beset with difficulties."Now, twenty years after …

The Supreme Court Of History, Howard Jay Graham

Vanderbilt Law Review

Our theme is simple, overpowering: Justices of the Supreme Court, a number of whose predecessors destroyed the bulk or their correspondence, and who themselves may be tempted to do likewise, nonetheless quite evidently desire, and certainly deserve, faithful (if not quite full) reconstruction, both of their individual roles, and of the Court's, in our constitutional scheme. Much of this story, to quote the then Professor Frankfurter, is "largely irrecoverable,"' yet indispensable to an understanding of our institutions.

Manifestly, something of a paradox is involved in our whole attitude toward judicial history. Much of the law, particularly judge-made public law, is …

Book Reviews, Max Rheinstein, William P. Murphy (Reviewer), Harrison Tweed (Reviewer), Walter P. Armstrong, Jr. (Reviewer)

Vanderbilt Law Review

This subject matter is not fully recognizable from the title, which might be understood to indicate that the book deals with the entire legal system of the United States including or, perhaps even emphasizing, the substantive law of the country and its sources. This is not the case, however. It is the sub-title which gives a more descriptive indication of the contents: "The Administration of Justice in the United States by Judicial, Administrative, Military, and Arbitral Tribunals." Not the substantive law of the United States is the concern of the author, but the machinery by which it is administered, the …

The Supreme Court's Role In The Administration Of Governmental Tax Immunity

Indiana Law Journal

No abstract provided.

Justice Byrnes And The United States Supreme Court, William Pettit

South Carolina Law Review

No abstract provided.

The Inkwell, Armstrong College Of Savannah

The Inkwell

No abstract provided.

The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis

Indiana Law Journal

No abstract provided.

Charles Evans Hughes: An Appeal To The Bar Of History, Alpheus T. Mason

Vanderbilt Law Review

Preparations for this Pulitzer prize-winning biography began in 1932 when a Princeton University undergraduate, Henry C. Beerits, took Hughes' public career as the topic of his senior thesis. On the suggestion of friends and instructors Beerits sent his sympathetic, uncritical essay to the Chief Justice. Evidently much pleased, Hughes promptly invited the youthful author to Washington, where he spent nearly a year arranging the Justice's public papers. Many sessions were spent together; the Chief Justice reminisced at great length, all this being noted down and turned over to Mr. Pusey. After retirement in 1941 the Chief Justice wrote "several hundred …

Samuel E. Perkins: A Judge In Politics, Hugh P. Husband Jr.

Indiana Law Journal

No abstract provided.

The Bar And The Unauthorized Practice Of Law: A Survey

Indiana Law Journal

No abstract provided.

A Modern Supreme Court In A Modern World, Charles F. Curtis

Vanderbilt Law Review

It is all very well, indeed it is very good, to bear down on the fact that the author of the Constitution was, and still is, "We the People of the United States." But there is more sentiment than explanation in it. We think too much about who is the author of the Constitution. Of course it was not the Convention of 1789, nor the First Congress which wrote the Bill of Rights, nor the Thirty-Ninth which wrote the Fourteenth Amendment. It was We the People, but even when we have recognized this, all we have done is recognize that …

State Taxation Of Interstate Commerce --"Direct Burdens," "Multiple Burdens," Or What Have You?, Edward L. Barrett Jr.

Vanderbilt Law Review

The problem of determining the permissible extent of state taxation of interstate commerce is as old as the Constitution.' From Chief Justice Marshall's dissertation upon the subject in 1827 in Brown v. Maryland to the present, thousands of pages of words upon the subject have found their way into the Supreme Court reports. Despite this judicial outpouring, however, the Supreme Court of the United States has yet to evolve a satisfactory theory upon which to decide cases in this field. In fact, the Court in 1951 appears as sharply divided in its basic approach to the problem as at anytime …

Book Reviews, Carl B. Swisher, Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)

Vanderbilt Law Review

Book Reviews

LIONS UNDER THE THRONE

By Charles P. Curtis, Jr.

Boston: Houghton Mifflin, 1947. Pp. xviii, 368. $3.50

MR. JUSTICE BLACK: THE MAN AND His OPINIONS

By John P. Frank (Introduction by Charles A. Beard)

New York: Knopf Company, 1949.Pp. xix, 357. $4.00

ON UNDERSTANDING THE SUPREME COURT

By Paul A. Freund

Boston: Little, Brown & Co., 1949. Pp. vi, 130. $3.00

MELVILLE VESTON FULLER: CHIEF JUSTICE OF THE UNITED STATES, 1888-1919

By Willard L. King

New York: Macmillan Company, 1950. Pp.394. $5.00

CHIEF JUSTICE STONE AND THE SUPREME COURT

By Samuel J. Konefsky (Prefatory Note by Charles A. …

Congressional Silence And The Supreme Court

Indiana Law Journal

No abstract provided.

Book Reviews, Noel T. Dowling, Hugo L. Black, Jr. (Reviewer), George H. Cate, Sr. (Reviewer), Henry N. Williams (Reviewer)

Vanderbilt Law Review

On Understanding the Supreme Court

By Paul A. Freund

Boston: Little, Brown & Company, 1949. Pp. 130. $3.00

reviewer: Noel T. Dowling

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Courts on Trial

By Jerome N. Frank

Princeton: Princeton University Press, 1949. Pp. vii, 441. $5.00

reviewer: Hugo L. Black, Jr.

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Hugo L. Black: A Study in the Judicial Process

By Charlotte Williams

Baltimore: The Johns Hopkins Press, 1950. Pp. vii, 208. $3.50.

reviewer: George H. Cate, Sr.

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Hatch Act Decisions (Political Activity Cases) of the United States Civil Service Commission

By James W. Irwin

Washington: United States Government Printing Office, 1949. Pp. 304. $1.50 …

The Commerce Power: An Instrument Of Federalism, Albert S. Abel

Indiana Law Journal

No abstract provided.

Other Writings

Indiana Law Journal

Addresses and Other Writings, 1927-1949, by Wiley B. Rutledge.

Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson

Indiana Law Journal

No abstract provided.