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Full-Text Articles in Law
Understanding Federalism, Larry Kramer
Understanding Federalism, Larry Kramer
Vanderbilt Law Review
It's necessary to begin with considering the sort of judicially enforced federalism rejected in Garcia and to consider why the Court rejected it. According to this view of federalism, the Constitution leaves certain substantive affairs exclusively to the states, and what matters is making sure that states can regulate these without federal interference. So long as this domain is protected, the political significance of states is assured and federalism is secure. The federal government can, if it chooses, take charge of all those matters as to which state and federal authority is concurrent-though Congress will find this harder to accomplish …
The Utopian Pilgrimage Of Mr. Justice Murphy, John P. Roche
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 …
Recent Judicial Biographies: A Composite Review, Otis P. Dobie
Recent Judicial Biographies: A Composite Review, Otis P. Dobie
Vanderbilt Law Review
The great Chief Justice of our time has been considerably recalled in the period under review. Pusey,' in a lengthy readable treatment that does not emphasize the legal, views Hughes as a liberal of circa 1910 who was uncomfortable but acquiescent amid the 1930's progressions. Interesting tidbits include a moving account of Hughes' mission to Holmes to request his resignation; bar letters to White complaining of the vagueness of Holmes' opinions; the friendship of Hughes with White and Harlan; Hughes' concern over the tendency of the New Deal brethren to expansively construe statutes and approve state taxes on interstate commerce …
Mr. Justice Mcreynolds -- An Appreciation, R. V. Fletcher
Mr. Justice Mcreynolds -- An Appreciation, R. V. Fletcher
Vanderbilt Law Review
In the course of the memorial exercises in honor of Justice McReynolds, held in the Supreme Court of the United States on March 31, 1948, the Attorney General made the significant statement that McReynolds was neither liberal nor conservative." This observation was made in connection with the statement that the Justice, when he was appointed to the Court, was considered a liberal, and when he left the Court, a conservative. His characterization as a liberal was by reason of his experience as a prosecutor in antitrust cases; his reputation for conservatism rests upon his attitude toward legislative measures and economic …