Law Commons^™

The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher

Indiana Law Journal

No abstract provided.

From Escobedo To Miranda: The Anatomy Of A Supreme Court Decision, By Richard J. Medalie

Washington and Lee Law Review

No abstract provided.

Expanding Liberties: Freedom's Gains In Postwar America, By Milton R. Konvitz, Gary S. Goodpaster

Indiana Law Journal

No abstract provided.

Book Reviews, Robert H. Birkby, Elliot E. Cheatham

Vanderbilt Law Review

Law and Politics in the Supreme Court By Martin Shapiro New York: Free Press of Glencoe, 1964. Pp. 333. $6.95.

reviewer: Robert H. Birkby

======================

Lives of the Lord Chancellors, 1885-1940 By R. F. V. Heuston Oxford: Clarendon Press, 1964, Pp. xxiii, 632.

reviewer: Elliot E. Cheatham

Supreme Court Pays Tribute To Sherman Minton

Leon Wallace (1951-1952 Acting; 1952-1966)

No abstract provided.

The Reapportionment Cases: Cognitive Lag, The Malady And Its Cure, E. F. Roberts, Paul T. Shultz Iii

Cornell Law Faculty Publications

The reapportionment cases have been considered by many to be the product of a liberal, activist Court which is endeavoring to reshape America’s political life according to its own views. The authors of this article assert that, to the contrary, the Court actually is reacting to the incontrovertible fact of the modern predominance of urban complexities which have rendered inappropriate our older political boundaries. In this sense, they consider the Court’s decisions conservative rather than liberal- because the Court’s purpose is to maintain a version of federalism along state boundaries which may have become outmoded even before the Court entered …

Interrogation Of Criminal Defendants—Some Views On Miranda V. Arizona

Fordham Law Review

The decision in Miranda v. Arizona is another of the United States Supreme Court's major efforts directed at the protection of individual liberties. The tremendous controversy engendered by the decision prompted the Editorial Board to invite a number of scholars to express their views on the case. These remarks follow a digest of the opinion of the Court.

Professor Kurland, The Supreme Court And Political Science, Donald P. Kommers

Journal Articles

IN A SYMPOSIUM held at the Notre Dame Law School on February 29, 1964, on several constitutional amendments designed to limit the power of the Supreme Court, Professor Philip B. Kurland of the University of Chicago Law School read a terse and delightfully witty paper in which he compared the Supreme Court to Caesar, sieged on the one side by the modem forces of Brutus, and championed on the other side by the contemporary Mark Antonys. There was no doubt in Professor Kurland's mind that the efforts of conspirators like the Council of State Governments, not to mention its less …

Lobbying The Supreme Court—An Appraisal Of "Political Science Folklore", Nathan Hakman

Fordham Law Review

No abstract provided.

Court-Curbing Periods In American History, Stuart S. Nagel

Vanderbilt Law Review

Due to its unavoidable involvement in the political process, the Supreme Court has often been an object of congressional attack. Excellent descriptive studies have been made of certain periods of conflict between Congress and the Court,' but there is a lack of writing which systematically analyzes relations between Congress and the Court throughout American history. It is the purpose of this: paper to analyze in a partially quantitative manner some of the factors which seem to account for the occurrence or nonoccurrence and for the success or failure of congressional attempts to curb the Court.

In Search Of Holmes From Within, Saul Touster

Vanderbilt Law Review

What appears here is part of a longer psychological study of Holmes which takes as points of focus, or rather of entree, four of his life choices: his enlistment in the Union forces while still in college in 1861, his entrance into law school in 1864, his decision to give up a law professorship at Harvard in 1882 in favor of the Massachusetts bench, and finally, his move to Washington and the Supreme Court in 1902. In a sense this last was not a choice. There were not the clear alternatives before him as there were in the first three--he …

Theodore Roosevelt And The Appointment Of Mr. Justice Moody, Paul T. Heffron

Vanderbilt Law Review

The author here describes the events leading to the appointment of William Henry Moody to the United States Supreme Court. Here counts the pressures brought to bear on President Theodore Roosevelt and the considerations which led to the President's selection of Moody over Horace Harmon Lurton.

Chief Justice Taft At The Helm, Alpheus T. Mason

Vanderbilt Law Review

The office of Chief Justice carries scant inherent powers. The Chief Justice manages the docket, presents the cases in conference, and guides the discussion. When in the majority, he assigns the writing of opinions. Whatever influence he exerts in the exercise of these prerogatives rests less on formal authority than on elusive personal characteristics. Charles Evans Hughes, who had served as Associate Justice from 1910 to 1916 and later had been able to observe Taft's role in the Court over a period of seven years, considered the Chief Justice "the most important judicial officer in the world." His actual power, …

Salmon P. Chase: Chief Justice, David F. Hughes

Vanderbilt Law Review

This article is not an in-depth study of some aspect of Salmon P. Chase's career as Chief Justice. Nor is it a survey of his judicial career. Rather, it is an attempt to present an overall view of Chase as Chief Justice through an examination of a limited number of topics. Such an approach seemed appropriate, for the sweep of his days on the Court are not well enough known to make a detailed study of one aspect of his career particularly valuable, nor is enough known about him to make a summary more than an exercise in superficiality. In …

Book Notes, Law Review Staff

Vanderbilt Law Review

In his discussion of the traditional power framework within which the Supreme Court operates the author covers old ground, dealing with such matters as the jurisdictional limitations upon the Court, its law court function of making case by case determinations, and its self-imposed restraints as to when and how it will hear and determine a controversy. The second broad heading, entitled "Marshalling the Court," forms probably the most fascinating chapter in the book. The author is here concerned with the issue most vital to any policy-oriented Justice: How can he win and hold for his side at least four other …

Justice Murphy: The Freshman Years, Woodford Howard

Vanderbilt Law Review

Justice Murphy is commonly regarded as having been a libertarian activist. He was not highly regarded as a Justice during his lifetime and this opinion prevails today. Here Professor Howard sees Justice Murphy during his early years on the Supreme Court as a man of indecision rather than an uncompromising libertarian. Through an examination of first amendment cases between 1940-42, the author finds that Murphy displayed a common reaction to the responsibilities of a new Supreme Court Justice which differed from most only in intensity.

Recent Developments In Eminent Domain In Arkansas, Robert R. Wright

Law Faculty Scholarship

No abstract provided.

Book Reviews, Ronan E. Degnan, Jerold Israel, Robert F. Drinan S.J.

Vanderbilt Law Review

Cases and Materials on Debtor and Creditor

By Vern Countryman

Boston: Little, Brown & Co., 1964. Pp. lxiii, 841. $12.50.

reviewer: Ronan E. Degnan

================================

The Supreme Court on Trial

By Charles S. Hyneman

New York: Atherton Press, 1963. Pp. IX, 308. $6.50.

reviewer: Jerold Israel

=================================

Religion and American Constitutions (1963 Rosenthal Lectures)

By Wilbur G. Katz

Northwestern University Press 1964. Pp. 114. $3.50.

reviewer: Rev. Robert F. Drinan, S.J.

Immunity Through Confession?, John A. Spanogle Jr.

Vanderbilt Law Review

Does this advice from Judge Leonard P. Moore sound fanciful? Could it ever profit a criminal to confess his guilt? The advisability of such action may not be as improbable as it sounds. In order to determine whether it is fanciful or not it is necessary to review several cases decided by the United States Supreme Court, which this article will undertake to do.

The Supreme Court On Trial, By Charles S. Hyneman, William M. Beaney

Indiana Law Journal

No abstract provided.

The Waite Court And The Fourteenth Amendment, Howard J. Graham

Vanderbilt Law Review

Underscoring so much while leaving so much unsaid, this book is a powerful plea for post-1937 trends and constructions--not merely in the Supreme Court, but now in Congress. How does the nation, the Court, the Congress, make good a lost century? Chief Justice Waite's triumph--decidedly more modest in my estimation than in Dr. Magrath's--was that he dared, tried, succeeded--at least by half. The country's failure was that it so long did not--has not yet--even by half. Twenty years and three constitutional amendments after emancipation too many of our forebears, including all members of this Court except the former Union colonel …

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.

The Supreme Court, Politics, And Modern Society, Donald P. Kommers

Journal Articles

Donald P. Kommers reviews Charles S. Hyneman's The Supreme Court on Trial (New York: Atherton Press, 1963).

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Thomas L. Shaffer, Joseph O'Meara

Journal Articles

This article suggests that the determination of "obscenity" in cases should be sent to the jury to determine under proper instructions rather than judges because the jury reflects the community's morals and mores more truly than even the wisest of judges. The jury is the mechanism provided by the common law for determination of questions involving the presence or absence of due care, reasonableness, prudence, decency and other concepts reflecting the common sense and/or conscience of a community. Specifically, this article argues that the obscenity determination should be determined with reference to the time and place of the community of …

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.

Legislative Reapportionment—The Kentucky Legal Context, Robert G. Lawson

Law Faculty Scholarly Articles

In its continuing role as guardian of citizens’ constitutional rights, the Supreme Court in Baker v. Carr unlocked widespread concern for equal representation in state legislatures. Having been suppressed for two decades in which an amazing shift of population has occurred, the question of reapportionment and what to do about it had become one of great importance. In November, 1960, apportionments of 30 state legislatures had been challenged in state and federal courts. In addition, ten cases of an electoral character are presently on the docket of the Supreme Court of the United States.

Apart from the legal implications and …

Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern

Faculty Scholarship

Several labor cases recently decided by the Supreme Court have brought into issue a conflict between the NLRB's primary jurisdiction over matters subject to sections 7 and 8 of the NLRA and the doctrine that courts have jurisdiction to enforce collective agreements. Professor Sovern discusses these cases and argues that the Court properly decided that the principle of exclusive NLRB jurisdiction should yield in suits on collective agreements, but he criticizes the Court for not having articulated a satisfactory rationale in support of this result. After an analysis of the doctrine of preemption, he considers five types of labor-contract suits …

Book Notes, Law Review Staff

Vanderbilt Law Review

A TREASURY OF LEGAL QUOTATIONS Selected by Paul C. Cook New York:Vantage Press, 1961. Pp.181. $5.00

==============================

COLONIAL JUSTICE IN WESTERN MASSACHUSETTS Edited by Joseph H. Smith Cambridge: Harvard University Press, 1961. Pp.ix, 426. $7.50.

==============================

THE SUPREME COURT OF THE UNITED STATES: ITS BUSINESS, PURPOSES, AND PERFORMANCE By Paul A. Freund Cleveland: World Publishing Company, 1961. Pp.224. $1.35.

===============================

A LAWYER'S VERSUS. By Irving J. Siegal New York: Vantage Press, 1960. Pp.40. $2.00.

Baker V. Carr -- Malapportionment In State Governments Becomes A Federal Constitutional Issue, William M. Hames

Vanderbilt Law Review

The Court's decision in Baker v. Carr was properly cast in terms of protecting individual rights under the equal protection clause, for this issue can be distinguished and separately handled. It does seem inevitable, however, that the decisions which set standards by which to determine invidious discrimination will also by these standards delineate, at least in broad outline, one aspect of what will be considered an acceptable "republican" form of government guaranteed by the Constitution.

Judicial Review: Political Reality And Legislative Purpose: The Supreme Court's Supervision Of Congressional Investigations, Martin Shapiro

Vanderbilt Law Review

The Supreme Court has long claimed the power to exercise judicial review over the investigatory activities of Congress. The most severe limitation the Court has imposed is the requirement of legislative purpose. Investigations must be conducted for the purpose of aiding Congress in making the laws. But the Court has also introduced the doctrine of presumption of legislative purpose. The Justices will presume that the investigating committee and the Congress which authorized it had a legislative purpose in pursuing the inquiry. It will be argued here that these two doctrines are completely inter-dependent; once legislative purpose was required, presumption was …