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Full-Text Articles in Law

Book Review: Antecedents And Beginnings To 1801, David S. Bogen Jan 1974

Book Review: Antecedents And Beginnings To 1801, David S. Bogen

Faculty Scholarship

No abstract provided.


Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds Jan 1974

Juridical Cripples: Plurality Opinions In The Supreme Court, John F. Davis, William L. Reynolds

Faculty Scholarship

No abstract provided.


Mr. Justice Douglas, Michael I. Sovern Jan 1974

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …


A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne Jan 1974

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.


Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan Jan 1974

Hart And Wechsler's The Federal Courts And Federal System, Henry Paul Monaghan

Faculty Scholarship

The first edition of Hart & Wechsler's The Federal Courts and the Federal System, published in i953, has deservedly achieved a reputation that is extraordinary among casebooks and, indeed, rare even among learned treatises. Hart & Wechsler I is more than a stimulating collection of cases and basic source material, and its scope is not confined to the operation and functioning of the federal courts in the federal system. Through its extensive notes and its inimitable leading questions, the book constantly raised questions which have "prodded … students and [teachers] to think over their heads about the deepest problems …