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Full-Text Articles in Law

Book Reviews, Law Review Staff Dec 1969

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 …


Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould Dec 1969

Racial Equality In Jobs And Unions, Collective Bargaining, And The Burger Court, William B. Gould

Michigan Law Review

In dealing with the problems of employment discrimination, the Burger Court will have to face several new and major issues. This Article is concerned with two of the most important of those issues. The first is whether the present requirement that workers seek redress of their grievances through the exclusive representation of the union is applicable to victims of racial discrimination; and if not, what other remedies should be available to those workers. The second is whether quotas and ratios based on race are permissible; and if so, whether it is required that they be used to integrate union leadership …


Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl Dec 1969

Requiem For Roth: Obscenity Doctrine Is Changing, David E. Engdahl

Michigan Law Review

In 1957, the Supreme Court decided Roth v. United States and Alberts v. California, and thereby commenced what has proved to be one of the most perplexing and politically sensitive tasks the Court has ever undertaken-determining the constitutional limitations on the power of state and federal governments to regulate obscenity. After twelve years of decisions in the obscenity field, the regrettable truth is that "no stable approach to the obscenity problem has yet been devised by [the] Court." The unreconciled conflicts among the several opinions of Supreme Court Justices ·written since 1957, and the new uncertainties created by the …


Book Notes, Law Review Staff Nov 1969

Book Notes, Law Review Staff

Vanderbilt Law Review

Identification & Police Line-ups By William E. Ringle New York: Gould Publications, 1968. Pp. x, 211. $5.00 (Paper)

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Metropolitan Decision Processes: An Analysis of Case Studies By Morris Davis & Marvin G. Weinbaum. Chicago: Rand McNally & Co., 1969. Pp. xx; 131.

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The Impact of Supreme Court Decisions Edited by Theodore L. Becker. New York: Oxford University Press, 1969. Pp. 213. $2.50 (Paper).

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The Limits of the Criminal Sanction By Herbert L. Packer.Stanford: Stanford University Press, 1968. Pp. xi, 385. $8.95.


Mr. Justice Murphy: A Political Biography. By J. Woodford Howard., Arthur Selvwyn Miller Oct 1969

Mr. Justice Murphy: A Political Biography. By J. Woodford Howard., Arthur Selvwyn Miller

Buffalo Law Review

No abstract provided.


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 …


Comment On: State V. Clifton Pearce, James Hinton Pou Bailey Apr 1969

Comment On: State V. Clifton Pearce, James Hinton Pou Bailey

North Carolina Central Law Review

No abstract provided.


Advisory Opinions, Albert L. Turner Apr 1969

Advisory Opinions, Albert L. Turner

North Carolina Central Law Review

No abstract provided.


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


Book Reviews, William L. Shaw, Cephus L. Stephens Mar 1969

Book Reviews, William L. Shaw, Cephus L. Stephens

Vanderbilt Law Review

BOOK REVIEWS

LITTLE GROUPS OF NEIGHBORS: THE SELECTIVE SERVICE SYSTEM. By James W. Davis, Jr. and Kenneth M. Dolbeare. Markham Publishing Co., Chicago, 1968. Pp. 268.

reviewer: William L. Shaw

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THE SUPREME COURT AND THE NEWS MEDIA. By David L. Grey, Evansville: Northwestern University Press. 1968. Pp. 194. $5.95.

reviewer: Cephus L. Stephens


The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr. Feb 1969

The Supreme Court And Political Question: Affirmation Or Abdication?, Ralph J. Bean Jr.

West Virginia Law Review

No abstract provided.


Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin Feb 1969

Representation And Election: The Reapportionment Cases In Retrospect, William P. Irwin

Michigan Law Review

In general, both in the two-year interval between Baker v. Carr and Reynolds v. Sims and in the period following the reapportionment decisions of June 1964, discussion of the issue among scholars and publicists has tended to center upon four problems of varying scope and precision: (1) the jurisdiction of the federal courts to pass upon aspects of state legislative apportionment; (2) the justiciability of the same matter; (3) the substantive merits of the several cases; and, (4) the implications of the decisions for democratic theory and practice. No attempt is made here to reopen the argument about federal jurisdiction; …


Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff Jan 1969

Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff

Publications

No abstract provided.


A Critical Guide To Marbury V. Madison, William W. Van Alstyne Jan 1969

A Critical Guide To Marbury V. Madison, William W. Van Alstyne

Faculty Publications

The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast …


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.


Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine Jan 1969

Review Of Labor And The Legal Process, By H. H. Wellington, Theodore J. St. Antoine

Reviews

If there is a more acute intellect than that of Harry Wellington at work today in labor law, I am unaware of it. This makes his new book all the more troubling, for it reveals the limitations, or perhaps I should even say the deficiencies, of a highly rational approach to the regulation of industrial relations. Professor Wellington has two stated objectives (he disclaims any attempt at a comprehensive text on labor law). First, he wishes to appraise "the role of the legal process in moving collective bargaining to its present position at the center of national labor policy." Second, …


Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine Jan 1969

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine

Book Chapters

Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily tum on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …


Comment On Powell V. Mccormack, Terrance Sandalow Jan 1969

Comment On Powell V. Mccormack, Terrance Sandalow

Articles

The rapid pace of constitutional change during the past decade has blunted our capacity for surprise at Supreme Court decisions. Nevertheless, Powell v. McCormack is a surprising decision. Avoidance of politically explosive controversies was not one of the most notable characteristics of the Warren Court. And yet, it is one thing for the Court to do battle with the Congress in the service of important practical ends or when the necessity of doing so is thrust upon it by the need to discharge its traditional responsibilities. It is quite another to tilt at windmills, especially at a time when the …


Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller Jan 1969

Federal Removal And Injunction To Protect Political Expression And Racial Equality: A Proposed Change, Christopher B. Mueller

Publications

No abstract provided.


The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar Jan 1969

The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar

Book Chapters

Recently, when asked to give a lecture on appellate advocacy, Justice Thurgood Marshall reminded his audience what Judge Benjamin Cardozo had once said: "The great tides and currents which engulf the rest of men do not turn aside in their course and pass judges by." An outstanding example, he might have added, is Brown v. Board of Education.

In a sense, the significant changes which have occurred in the Black man's status in the last two decades had their beginnings in the rise of numerically, and hence politically, important Black communities in the North. For the importance of civil rights …