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Articles 421 - 450 of 457
Full-Text Articles in Judges
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith
Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith
Historical and Topical Legal Documents
No abstract provided.
Short List Of Candidates For Supreme Court [1981], Anonymous
Short List Of Candidates For Supreme Court [1981], Anonymous
Historical and Topical Legal Documents
No abstract provided.
Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch
Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch
Faculty Scholarship
John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.
Memoranda, Etc., For/By Justice Harry Blackmun Re: Smith V. Maryland, Harry Blackmun
Memoranda, Etc., For/By Justice Harry Blackmun Re: Smith V. Maryland, Harry Blackmun
Historical and Topical Legal Documents
No abstract provided.
William 0. Douglas: An Appreciation, Abe Fortas
William 0. Douglas: An Appreciation, Abe Fortas
Indiana Law Journal
No abstract provided.
Mr. Justice Douglas, Robert A. Sprecher
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson
Indiana Law Journal
No abstract provided.
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson
Scholarly Publications
No abstract provided.
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
The Future Of Capital Punishment In Florida: Analysis And Recommendations, Charles W. Ehrhardt, Phillip A. Hubbart, Harold Levinson, William Mckinley Smiley, Thomas A. Wills
Scholarly Publications
The Supreme Court's decision abolishing the death penalty, at least as it existed in most jurisdictions, hardly represents the final resolution of the controversy over capital punishment. Given substantial public sentiment which apparently favors capital punishment in some form-voiced, for example, in the results of the recent referendum in California-various legislative bodies will face the question of whether capital punishment can and should be legislatively reinstated. In December 1972 the State of Florida became the first jurisdiction to pass judgment on this question. The legislature enacted a bill allowing imposition of the death penalty in certain circumstances. The two articles …
Constitutional Adjudication: The Who And When, Henry Paul Monaghan
Constitutional Adjudication: The Who And When, Henry Paul Monaghan
Faculty Scholarship
When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Memorandum From William O. Douglas To Law Clerks Regarding Death Penalty [1971], William O. Douglas
Memorandum From William O. Douglas To Law Clerks Regarding Death Penalty [1971], William O. Douglas
Historical and Topical Legal Documents
No abstract provided.
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
The Haynsworth Affair Reconsidered: The Significance Of Conflicting Perceptions Of The Judicial Role, Edward N. Beiser
Vanderbilt Law Review
Between 1900 and 1968, the Senate had refused to confirm an appointee to the Supreme Court on only one occasion. Then, within a two year period, the Senate twice refused to confirm an appointment: Associate Justice Abe Fortas, nominated as Chief Justice in 1968, was never acted upon because of a Senate filibuster,and his name was withdrawn; and Judge Clement Haynsworth, whose nomination provoked a great deal of debate and controversy, was ultimately rejected by the Senate by a vote of 55 to 45. These two incidents marked a distinct change from the traditional custom of Senatorial acquiescence to Presidential …
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar
Faculty Scholarship
Foreword to Harvard Law Review review of Supreme Court 1969 Term
The Supreme Court On Trial, By Charles S. Hyneman, William M. Beaney
The Supreme Court On Trial, By Charles S. Hyneman, William M. Beaney
Indiana Law Journal
No abstract provided.
Book Review, William W. Van Alstyne
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.
Mr. Justice Rutledge, Fred M. Vinson
Book Reviews, Alexander M. Bicker, Arthur E. Sutherland, Arthur S. Miller, Reginald Parker, Robert Kramer, William L. M. Reese, Ilmar Tammelo, Albert H. Garretson, Charles H. Oldfather Jr., Daniel R. Mandelker, Ronan E. Degnan
Book Reviews, Alexander M. Bicker, Arthur E. Sutherland, Arthur S. Miller, Reginald Parker, Robert Kramer, William L. M. Reese, Ilmar Tammelo, Albert H. Garretson, Charles H. Oldfather Jr., Daniel R. Mandelker, Ronan E. Degnan
Journal of Legal Education
No abstract provided.
Samuel F. Miller, Justice Of The Supreme Court, 1862-1890, Charles Fairman
Samuel F. Miller, Justice Of The Supreme Court, 1862-1890, Charles Fairman
Vanderbilt Law Review
It was in the summer, about 1880. Miller, on the rounds of his circuit, had come to Omaha, where, in chambers, he was to hear counsel argue a mining case from Colorado. In the hall of the post office building, Miller saw Roscoe Pound (aetat circa 101 and already known to the Judge), and greeted him with the inquiry: "Well, sonny, how would you like to come with me while I hear a case?" Gladly the lad went along, and seated himself on the floor, Turkish-fashion, under the Judge's desk. The controversy concerned what was then a new and highly …
The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis
The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis
Indiana Law Journal
No abstract provided.
Samuel E. Perkins: A Judge In Politics, Hugh P. Husband Jr.
Samuel E. Perkins: A Judge In Politics, Hugh P. Husband Jr.
Indiana Law Journal
No abstract provided.
The Commerce Power: An Instrument Of Federalism, Albert S. Abel
The Commerce Power: An Instrument Of Federalism, Albert S. Abel
Indiana Law Journal
No abstract provided.
Other Writings
Indiana Law Journal
Addresses and Other Writings, 1927-1949, by Wiley B. Rutledge.
Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson
Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson
Indiana Law Journal
No abstract provided.
Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper
Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper
Indiana Law Journal
No abstract provided.
Rutledge And Civil Liberties, W. Howard Mann
Rutledge And Civil Liberties, W. Howard Mann
Indiana Law Journal
No abstract provided.
Supreme Court Opinions
Indiana Law Journal
Opinions Delivered as Associate Justice of the Supreme Court of the United States, April, 1943 to July, 1949.
Teacher Of Men, W. Willard Wirtz
Mr. Justice Rutledge, Hugo L. Black