Supreme Court of the United States Commons^™

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

Articles

Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …

A Requiem For Requiems: The Supreme Court At The Bar Of Reality, Stanley K. Laughlin Jr.

Michigan Law Review

It is true that the test set out in Roth v. United States is moribund. In a sense it was stillborn. While five Justices, only one of whom remains on the Court, joined in the majority opinion in Roth, that case only adumbrated certain considerations that later were forged into what has come to be known as the Roth test. No sooner did the forging process begin than the Court became fragmented on this issue, and a majority of the Justices has never since concurred in the test-certainly not in a compatible formulation of it. Today, it is not …

''Here Comes Da Judge", Ernest Van Den Haag

Georgia Law Review

Had it not been written by an Associate Justice of the Supreme Court, this book would not be reviewed: obviously calculated to pander to prurient political interest, it seems utterly without redeeming social value, although it does not violate current community standards, such as they are. However, the author's status makes the book news, just as a bishop's coming out for burlesque would be news: being a bishop is not, nor is favoring burlesque, but being a bishop favoring burlesque is. Points of Rebellion might be described as an apt, if unintended, caricature of the sentiments and ideas found in …

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

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

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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.

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

Constitutional Law - Equal Protection - Racial Discrimination And The Role Of The State, William C. Griffith S.Ed.

Michigan Law Review

Constitutional history from the 1857 Dred Scott decision to the 1954 Brown decision records "a movement from status to contract" for the American Negro. Although uncertainty clouds the definition of "state action," the civil rights of the Negro under the equal protection clause of the fourteenth amendment have been clearly established. The Negro citizen has arrived; the Negro minority group remains one of the gravest social problems of twentieth century America. De facto school segregation, limited economic opportunity, and inadequate housing are problems not solved by invocation of the fourteenth amendment or incantation of the Declaration of Independence. Solution, …

"Congress Shall Make No Law…":Ii, O. John Rogge

Michigan Law Review

The framers of the federal bill of rights by the First and Tenth Amendments sought to deny Congress power over utterances unless they were connected with criminal conduct other than advocacy. Any power over such utterances was to reside in the states. However, the Supreme Court departed from the framers' intent.

One of the factors in this development was the emergence of an undefined federal police power. This occurred largely under the commerce and postal clauses. It began over a century ago. As early as 1838 Congress passed a law requiring the installation of safety devices upon steam vessels. Beginning …

"Congress Shall Make No Law..."*, O. John Rogge

Michigan Law Review

It is the position of the writer that, at least so far as Congress is concerned, speech is as free as thought, and that unless and until speech becomes a part of a course of conduct which Congress can restrain or regulate no federal legislative power over it exists. State power, despite the Fourteenth Amendment, may be somewhat more extensive. Certainly the framers of the First Amendment intended that it should be. This article will deal with federal power over speech.

Press Release: October 22, 1957, Lectures And Honorary Degrees To Precede New Law Building Dedication, Indiana University News Bureau

Law School Building

BLOOMINGTON, Ind. -- Lectures on three phases of law -- practice, judicial interpretation, and teaching -- will provide a two-day program preceding the dedication Nov. 2 of the new law school building at Indiana University.

Addison C. Harris Lectures, a series provided from the estate of the late Indianapolis attorney, have been scheduled by the School of Law for the afternoon of Oct. 31 and on Nov. 1.

The University, it was announced Monday by Dean Leon H. Wallace, will confer honorary doctor of laws degrees at the convocation on Chief Justice Warren, Herman C. Krannert, board chairman of Inland …

Constitutional Law - Post-Conviction Due Process - Right Of Indigent To Review Of Non-Constitutional Trial Errors, Robert C. Casad S.Ed.

Michigan Law Review

The purpose of this comment is to examine a new development. in post-conviction due process: Griffin v. Illinois. This case announces a new principle of constitutional right under the Fourteenth Amendment based on an almost indistinguishable combination of due process and equal protection elements.

Justice Murphy And The Welfare Question, Leo Weiss

Michigan Law Review

In 1941, an Italian law professor arrived in the United States to make his home here. Born in Russia during Czarist days, he was educated in Austria, England, and Italy, finally settling there and becoming a citizen. A member of the Italian bar and teacher of law at the Universities of Florence and Rome, he found himself in 1939 unwanted in his adopted homeland. He went to France, where he practiced law until coming to this country. In New York City he joined the Graduate Faculty of the New School for Social Research, remaining in that post for five years, …

Book Reviews, Henry L. Mcclintock, John W. Green (Reviewer), Leon D. Hubert, Jr. (Reviewer), Wallace Mendelson (Reviewer)

Vanderbilt Law Review

Some Problems of Equity

By Zechariah Chafee, Jr.

Ann Arbor: University of Michigan Law School, 1950. Pp. xv, 441. $4.50

reviewer: Henry L. McClintock

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Four Score Forgotten Men

By Tom W. Campbell

Little Rock: Pioneer Publishing Company, 1950. Pp. 424

reviewer: John W. Green

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Uniform Code of Military Justice, Explanation, Comparative Text and Commentary

By Frederick Bernays Wiener

Washington, D. C.: Combat Forces Press, 1950. Pp. 275. $3.50.

reviewer: Leon D. Hubert, Jr.

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Dred Scott's Case

By Vincent C. Hopkins

New York: Fordham University Press, 1951, Pp. 213. $4.00.

reviewer: Wallace Mendelson

Book Reviews, E. M. Morgan, Samuel Mermin, Clyde W. Summers, Vernon X. Miller, John Ritchie Iii, Charles Bunn, Douglas B. Magos

Journal of Legal Education

No abstract provided.

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 …