Law Commons^™

Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence

Michael Anthony Lawrence

This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.

The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 work, A Theory of …

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Michael Heise

No abstract provided.

Remembering Justice Warren’S Surprising Legacy, Robert Hayman

Robert L. Hayman

No abstract provided.

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Doug Rendleman

No abstract provided.

How Earl Warren Previewed Today’S Civil Liberties Debate—And Got It Right In The End, Sandhya Ramadas

Sandhya Ramadas

Earl Warren is revered for his tenure as Chief Justice of the U.S. Supreme Court and for his legacy as the icon of American civil liberties, but a dark moment lurked in his past. In late 1941 and early 1942, as the Attorney General of California, Warren confronted a host of difficult questions involving constitutional law, civil liberties, and race relations. With the United States still reeling from the bombing of Pearl Harbor, and with the dawn of the involvement of American combat troops in World War II, Warren advocated for the relocation and internment of both Japanese Americans and …

Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder, Geri Fox

Geri Fox

Overreacting to tragic events leads to even more tragedy. When it is the government which overreacts, individual constitutional rights can vanish. The fear, anger, and patriotism engendered during a war or by a terrorist attack can Aundermine the capacity of individuals and institutions to make clearheaded judgments about risk, fairness, and danger .... Reason and logic vanish. It is difficult to make calm, balanced decisions in a state of personal anxiety, outrage, or passion. Overreaction occurs, and individual rights disappear. Even the United States Supreme Court can get swept away. This article uses the Korematsu case as a case study …