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Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry
Introduction: Is The Supreme Court Failing At Its Job, Or Are We Failing At Ours?, Suzanna Sherry
Vanderbilt Law Review
It is a pleasure and a privilege to write an introduction to this Symposium celebrating Dean Erwin Chemerinsky's important new book, The Case Against the Supreme Court. Chemerinsky is one of the leading constitutional scholars of our time and a frequent advocate before the U.S. Supreme Court. If he thinks there is a case to be made against the Court, we should all take it very seriously indeed. Chemerinsky's thesis may be stated in a few sentences. The primary role of the Supreme Court, in his view, is to "protect the rights of minorities who cannot rely on the political …
The Due Process Mandate And The Constitutionality Of Admiralty Arrests And Attachments Pursuant To Supplemental Rules B And C, Jon L. Goodman
The Due Process Mandate And The Constitutionality Of Admiralty Arrests And Attachments Pursuant To Supplemental Rules B And C, Jon L. Goodman
Vanderbilt Journal of Transnational Law
In the past decade, the area of procedural due process, including traditional doctrines of in rem and quasi in rem jurisdiction, has undergone a constitutional facelift. As a result, two of admiralty's most extraordinary features--maritime attachment and garnishment and actions in rem--have been questioned from a constitutional standpoint.
The United States Supreme Court inaugurated the new era with its decision in Sniadach v. Family Finance Corp. In that case, the Court first began changing its procedural due process philosophy by broadening its conception of constitutionally protected forms of property. Having narrowly addressed itself to the question of what constitute constitutionally …
The Court, The Constitution, And Chief Justice Burger, William F. Swindler
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 Reviews, Law Review Staff
Book Reviews, Law Review Staff
Vanderbilt Law Review
This is a deceptive book. It appears to be one more friendly appraisal of the work of the Warren Court--this time from the recent Solicitor General-surveying in giant steps and broad strokes its decisions in six major areas within the short space of 135 pages. On close reading it turns out to be a tough-minded essay written with notable lucidity, analytical density, and high professional competence. Moreover, it confronts directly and steadily the well-worn paradox or dilemma of the Supreme Court of the United States which must be both court and political institution, and it seriously attempts to appraise the …
Court-Curbing Periods In American History, Stuart S. Nagel
Court-Curbing Periods In American History, Stuart S. Nagel
Vanderbilt Law Review
Due to its unavoidable involvement in the political process, the Supreme Court has often been an object of congressional attack. Excellent descriptive studies have been made of certain periods of conflict between Congress and the Court,' but there is a lack of writing which systematically analyzes relations between Congress and the Court throughout American history. It is the purpose of this: paper to analyze in a partially quantitative manner some of the factors which seem to account for the occurrence or nonoccurrence and for the success or failure of congressional attempts to curb the Court.
Theodore Roosevelt And The Appointment Of Mr. Justice Moody, Paul T. Heffron
Theodore Roosevelt And The Appointment Of Mr. Justice Moody, Paul T. Heffron
Vanderbilt Law Review
The author here describes the events leading to the appointment of William Henry Moody to the United States Supreme Court. Here counts the pressures brought to bear on President Theodore Roosevelt and the considerations which led to the President's selection of Moody over Horace Harmon Lurton.
Salmon P. Chase: Chief Justice, David F. Hughes
Salmon P. Chase: Chief Justice, David F. Hughes
Vanderbilt Law Review
This article is not an in-depth study of some aspect of Salmon P. Chase's career as Chief Justice. Nor is it a survey of his judicial career. Rather, it is an attempt to present an overall view of Chase as Chief Justice through an examination of a limited number of topics. Such an approach seemed appropriate, for the sweep of his days on the Court are not well enough known to make a detailed study of one aspect of his career particularly valuable, nor is enough known about him to make a summary more than an exercise in superficiality. In …
Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.
Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.
Vanderbilt Law Review
Cases and Materials on Debtor and Creditor
By Vern Countryman
Boston: Little, Brown & Co., 1964. Pp. lxiii, 841. $12.50.
reviewer: Ronan E. Degnan
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The Supreme Court on Trial
By Charles S. Hyneman
New York: Atherton Press, 1963. Pp. IX, 308. $6.50.
reviewer: Jerold Israel
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Religion and American Constitutions (1963 Rosenthal Lectures)
By Wilbur G. Katz
Northwestern University Press 1964. Pp. 114. $3.50.
reviewer: Rev. Robert F. Drinan, S.J.
Constitutional Law -- 1958 Tennessee Survey, Elvin E. Overton
Constitutional Law -- 1958 Tennessee Survey, Elvin E. Overton
Vanderbilt Law Review
State constitutional law decisions, lacking the universality of application of many other fields of the law, are vital and of significance frequently only to the local bar and local public officials. There is another difference between state constitutional law decisions, and federal constitutional law decisions: state courts are inclined to deal with state constitutional issues with an emphasis on the pragmatic problem of deciding the case and getting it out of the way,rather than with an emphasis on completing the blue print-of seeking to establish the general principle which reflects the conflicting policies struggling for recognition. In most United States …
Chief Justice Taney: Prophet Of Reform And Reaction, Robert J. Harris
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 …
Mr. Justice Rutledge And The Roosevelt Court, Alfred O. Canon
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 …
Justice William Cushing And The Treaty-Making Power, F. William O'Brien S.J.
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 …
A Modern Supreme Court In A Modern World, Charles F. Curtis
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 …
Book Reviews, Carl B. Swisher (Reviewer), Elvin E. Overton (Reviewer), Jay Murphy (Reviewer), Charlotte Williams (Reviewer), Alexander Holtzoff (Reviewer)
Book Reviews, Carl B. Swisher (Reviewer), 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. …