Open Access. Powered by Scholars. Published by Universities.®

Supreme Court of the United States Commons™

Open Access. Powered by Scholars. Published by Universities.®

Judges

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1441 - 1459 of 1459

Full-Text Articles in Supreme Court of the United States

In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin Dec 1953

In Suport Of The Thayer Theory Of Presumptions, Charles V. Laughlin

Michigan Law Review

A learned judge once said to a young lawyer, "If you are ever a trial court judge, never give reasons for your decisions. Your rulings will probably be right, but your reasons will likely be wrong." That statement may aptly apply to judicial pronouncements relating to the subject of presumptions. Decisions are largely free from criticism so far as concerns the results reached, but the reasoning processes by which they are reached appear to be in hopeless confusion. It is believed that a theory can be presented which will both reconcile these confusions of judicial techniques and explain the general …

Go to article

King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller Mar 1951

King: Melville Weston Fuller, Chief Justice Of The United States 1888-1910., Louis P. Haller

Michigan Law Review

A Review of MELVILLE WESTON FULLER, CHIEF JUSTICE OF THE UNITED STATES 1888-1910. By Willard L. King.

Go to article

Freund: On Understanding The Supreme Court., Michigan Law Review Jun 1950

Freund: On Understanding The Supreme Court., Michigan Law Review

Michigan Law Review

A Review of ON UNDERSTANDING THE SUPREME COURT. By Paul A. Freund.

Go to article

Mr. Justice Murphy, Fred M. Vinson Apr 1950

Mr. Justice Murphy, Fred M. Vinson

Michigan Law Review

I count it a rare privilege to have known Frank Murphy. Gentle, kindly, and amiable of temperament, yet he had a strength of character and tenacity of purpose that enabled him to uphold the right, as God gave him to see the right, no matter what the pressures and constraints. His untimely death deeply touched the hearts of all who knew him, while the poor, the underprivileged, the accused, and minorities of many different shades of belief mourned the passing of one who had been their protagonist.

Go to article

Mr. Justice Murphy, Hugo L. Black Apr 1950

Mr. Justice Murphy, Hugo L. Black

Michigan Law Review

Frank Murphy's extensive public service is discussed by others in this issue. I write of him as an associate, and as a friend. Our friendship began when we first met in 1936, and grew stronger with the years. No one associated with him could fail to be attracted by his human warmth and his passion for justice.

Go to article

Mr. Justice Murphy, Ira W. Jayne Apr 1950

Mr. Justice Murphy, Ira W. Jayne

Michigan Law Review

When Justice Frank Murphy took his seat on the bench of the Supreme Court of the United States, I was asked to make a public statement about the appointment.

Go to article

Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr. Apr 1950

Mr. Justice Murphy -A Note Of Appreciation, John H. Pickering, Eugene Gressman, T. L. Tolan Jr.

Michigan Law Review

Justice Murphy would have observed his tenth anniversary on the Supreme Court on February 5, 1950. Just as some of us who were privileged to serve as his law clerks were beginning to think of plans to honor him on that occasion, the news of his death came to stun us. So instead we pay homage to his memory by relating some of the manifold aspects of the character of this most noble man.

Go to article

Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review Mar 1949

Frank: Mr. Justice Black: The Man And His Opinions, Michigan Law Review

Michigan Law Review

A Review of MR. JUSTICE BLACK: THE MAN AND HIS OPINIONS By John P. Frank.

Go to article

Mr. Justice William Johnson, Creative Dissenter, A. J. Levin Dec 1944

Mr. Justice William Johnson, Creative Dissenter, A. J. Levin

Michigan Law Review

Until the advent of Justice Oliver Wendell Holmes, the masterful and magnetic figure of Chief Justice John Marshall well-nigh overshadowed the whole field of constitutional jurisprudence. That Marshall made inestimable additions to our ideas of cooperative living at the very beginning of our democracy, and that his repute was well deserved, cannot be gainsaid. But one has good cause to wonder why the name of so distinguished a colleague as William Johnson, who sat on the same bench with Marshal for almost thirty years during that formative period, should have been almost completely obscured all these years. Rare, indeed, is …

Go to article

Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld Jun 1944

Valedictory Opinions Of Mr. Justice Holmes, Edward Dumbauld

Michigan Law Review

Mr. Justice Holmes was ninety on March 8, 1931. That anniversary brought him a "shower of birthday congratulations and tributes in writing and print," which included thoughtful appraisals of his work up to then as scholar and judge. But that work was not yet done. There remained "a little finishing canter before coming to a standstill." The aging justice was to participate in the work of two more terms of court before his retirement on January 12, 1932. In Holmes's quiver, waiting to be "fired off," were a dozen opinions which now grace the pages of volume 283 of the …

Go to article

Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin Apr 1944

Mr. Justice William Johnson And The Unenviable Dilemma, A. J. Levin

Michigan Law Review

A policy of judicial avoidance, otherwise referred to as "judicial restraint," has clearly been the dominant trend in the United States Supreme Court since Mr. Justice Holmes began to sit upon that bench at the beginning of this century. There has been an inclination to explain this change as revealing a tendency of the Court to follow a policy of laissez-faire toward the legislative and executive departments, and to stop at this formalistic explanation of this important aspect of the judicial function. The Court's increasing awareness of its own lack of technical competence in dealing with the many complex governmental …

Go to article

Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson Feb 1939

Mr. Justice Cardozo And Problems Of Government, Dean G. Acheson

Michigan Law Review

The sorrow with which the entire nation learned of the death of Mr. Justice Cardozo bears witness to the sense of loss felt by the great body of his fellow citizens. Few of the people who mourn him had personal opportunity to know the high qualities of his mind or his saintly character. Yet they truly feel that between him and the thought and spirit of his time there was fundamental sympathy and understanding. In a real sense the cast of his thinking was the product of his age. This awareness of his time was coupled in him with sensitiveness …

Go to article

Has The Constitution Gone?, John A. Fairlie May 1935

Has The Constitution Gone?, John A. Fairlie

Michigan Law Review

As far back as 1828, Chief Justice Marshall is quoted as saying: "Should Jackson be elected, I shall look upon the government as virtually dissolved." A few years later, when Taney was appointed Chief Justice by Jackson, Daniel Webster wrote: "Judge Story thinks the Supreme Court is gone, and I think so too." Soon afterwards, when the newly constituted Court rendered decisions upholding statutes from which Story dissented, the latter wrote to Judge McLean: "There will not, I fear, ever in our day, be any case in which a law of a State or of Congress will be declared …

Go to article

Tenure Of Office Under The Constitution, Everett S. Brown Jan 1931

Tenure Of Office Under The Constitution, Everett S. Brown

Michigan Law Review

A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.

Go to article

Recent Important Decisions, Michigan Law Review Jun 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

No abstract provided.

Go to article

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman May 1922

Social And Economic Interpretation Of The Fourteenth Amendment, Robert Eugene Cushman

Michigan Law Review

For those who love precision and definiteness the question of the application of the Fourteenth Amendment to social and economic problems remains an irritating enigma. The judicial construction of due process of law and the equal protection of the law has from the first discouraged systematic analysis and defied synthesis. More than one writer has emerged from the study of the problem with a neat and compact set of fundamental principles, only to have the Supreme Court discourteously ignore them in its next case. But paradoxical as it may seem, those who long for a wise and forward-looking solution of …

Go to article

A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory Jan 1913

A Historic Judicial Controversy And Some Reflections Suggested By It., S. S. Gregory

Michigan Law Review

Probably most well informed persons of the present generation associate the notion, once maintained, that a state might secede or nullify an act of Congress, with the South and its earlier statesmen. And it is time that the resolutions drawn substantially by Jefferson and adopted by the Legislature of Kentucky in 1798, and similar resolutions drafted by Madison and adopted by the General Assembly of Virginia in the same year, together with some similar and more explicit declarations by the Legislature of the former state in 1799, seem to furnish some warrant for this impression. Yet it seems to be …

Go to article

Judicial Criticism Of Legislation By Courts, Charles G. Haines Nov 1912

Judicial Criticism Of Legislation By Courts, Charles G. Haines

Michigan Law Review

In the application of the doctrine of judicial review of legislative acts, the federal courts of the United States have not infrequently been criticised for usurping part of the functions of the legislature. The criticisms have increased to such an extent as to raise an issue of national significance. Recently, charges against the judiciary for the usurpation of legislative functions have been made rather frequently by the justices of our federal Supreme Comt. The late Associate Justice Harlan, dissenting in part from the reasoning of the majority of the court in the Standard Oil case, brought such a criticism against …

Go to article

Justice William Rufus Day, Harry B. Hutchins Jan 1903

Justice William Rufus Day, Harry B. Hutchins

Articles

The University of Michigan , when measured by the standard of public services rendered by its graduates, must certainly be accorded an honorable rank. For a quarter of a century the number of its alumni occupying high official station has been large. The list includes state executives, judges of state courts of last resort, senators and representatives in the national congress, cabinet officers, and members of important commissions raised by the general government for international and executive purposes. The character of the services has in some cases been conspicuous for its excellence and in all cases such as to bring …

Go to article

First Prev