Law Commons^™

Abortion Rights In The Supreme Court: A Tale Of Three Wedges, Jennifer S. Hendricks

Publications

No abstract provided.

The Supreme Court’S Worst Decision In Recent Years – Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.

Mitchell Hamline Law Review

No abstract provided.

Atoning For Dred Scott And Plessy While Substantially Abolishing The Death Penalty, Scott W. Howe

Washington Law Review

Has the Supreme Court adequately atoned for Dred Scott and Plessy? A Court majority has never confessed and apologized for the horrors associated with those decisions. And the horrors are so great that Dred Scott and Plessy have become the anti-canon of constitutional law. Given the extraordinary circumstances surrounding the Court’s historical complicity in the brutal campaign against African Americans, this Article contends that the Court could appropriately do more to atone.

The Article asserts that the Court could profitably pursue atonement while abolishing capital punishment for aggravated murder. The Article shows why substantial abolition of the capital sanction would …

Three Supreme Court “Failures” And A Story Of Supreme Court Success, Corinna Barrett Lain

Law Faculty Publications

Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated ‘separate but equal,’ sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky’s measure in The Case Against the Supreme Court, all three are Supreme Court failures—cases in which the Court should have protected vulnerable minorities, but failed to do so. Considered in historical context, however, a dramatically different impression of these cases, and the Supreme Court that decided them, emerges. In two of the cases—Plessy and Buck—the Court’s ruling reflected the …

Marbury's Legacy Of Judicial Review After Two Centuries, Harry F. Tepker

Oklahoma Law Review

No abstract provided.

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

The Supreme Court As A Political Institution, Benjamin L. Hooks

University of Richmond Law Review

The august Supreme Court of the United States is a political institution and has been virtually from the beginning. That today's Court finds itself at the center of intense ideological and political debate should surprise few serious students of American political and constitutional history.

A Nation Without A Supreme Court, Jose M. Cabanillas

University of Richmond Law Review

The Constitution of the Confederate States of America, unanimously adopted on March 11, 1861, by the as- sembled delegates of the original seceding states and on June 19, 1861, by the state of Virginia, was for all practical purposes a copy of the Constitution of the United States. Its judicial provisions begin in Article III with the familiar-sounding phrase "The judicial powers of the Confederate States shall be vested in one supreme court and. . . ." There is no reason to believe that this phraseology was a blind copy of the older document, and that it was not the …

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 …

Book Reviews, Henry L. Mcclintock (Reviewer), John W. Green (Reviewer), Leon D. Hubert, Jr. (Reviewer), Wallace Mendelson (Reviewer)

Vanderbilt Law Review

Some Problems of Equity

By Zechariah Chafee, Jr.

Ann Arbor: University of Michigan Law School, 1950. Pp. xv, 441. $4.50

reviewer: Henry L. McClintock

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Four Score Forgotten Men

By Tom W. Campbell

Little Rock: Pioneer Publishing Company, 1950. Pp. 424

reviewer: John W. Green

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Uniform Code of Military Justice, Explanation, Comparative Text and Commentary

By Frederick Bernays Wiener

Washington, D. C.: Combat Forces Press, 1950. Pp. 275. $3.50.

reviewer: Leon D. Hubert, Jr.

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Dred Scott's Case

By Vincent C. Hopkins

New York: Fordham University Press, 1951, Pp. 213. $4.00.

reviewer: Wallace Mendelson