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15 Jan 2019, 8:17 am by DONALD SCARINCI
Justice Harlan further wrote: Against this perception of the constitutional policies involved, we discern certain more particularized considerations that peculiarly call for reversal of this conviction. [read post]
3 Nov 2017, 2:55 am by Scott Bomboy
” When Justice John Marshall Harlan looked at these debates as he wrote his dissent in Elk v. [read post]
27 Oct 2009, 10:28 pm
  Again, the pre-World War II Justice who consistently plugged something resembling the modern incorporation doctrine was Harlan, and it was he, not Brandeis, whom Justice Hugo Black later cited in advocating incorporation (though unlike Black, Harlan believed that the Fourteenth Amendment also protected unenumerated rights). (6) p. 632 "Brandeis had first planted the seed [of the incorporation doctrine]" and McReynolds had advanced the cause in his two school… [read post]
21 Mar 2022, 5:35 am by Marcia Coyle
 The first nominee to appear and testify was Harlan Stone in 1925. [read post]
1 Apr 2009, 7:49 am
 It's interesting, too, in this regard, that he references Harlan, since Harlan said in Ullman (and is quoted by Rick) that he looked to "what, by common understanding throughout the English-speaking world, must be granted to be a most fundamental aspect of 'liberty. [read post]
3 Oct 2017, 2:48 pm by Joseph Fishkin
  Justice Harlan was dissenting from the Court’s decision in Baker v. [read post]
31 Aug 2016, 6:57 am
Four justices concurred, including Justice Harlan who filed a limited concurring opinion. [read post]
10 Jun 2024, 12:35 pm by Orin S. Kerr
I have no particular reason to doubt that Justice Thomas and Harlan Crow are very close friends. [read post]
25 Aug 2011, 9:42 am by Joe Parsio
  John Marshall Harlan I was nominated by President Rutherford Hays in 1877 and his grandson, John Marshall Harlan II, was nominated by President Dwight Eisenhower in 1955. [read post]
10 Apr 2017, 4:34 am by Edith Roberts
Harlan II to the Supreme Court in 1954, noting that the senator who instigated the delay was “an ardent segregationist” who hoped denying “Harlan a hearing then would preclude him from joining the Supreme Court in time to hear the then-scheduled December oral arguments about the proper remedy for unconstitutional school segregation, and it might keep him off the Court altogether. [read post]
24 Sep 2014, 2:02 am by rhapsodyinbooks
(That justice was Harlan Fiske Stone, originally appointed to the Court by President Calvin Coolidge.) [read post]
11 Jun 2012, 9:15 am by Calvin Massey
What Middleborough seeks to punish is the vulgar epithet uttered to another person -- the usual litany of abusive commentary that is exemplified by what the second Justice Harlan termed an "unseemly expletive" in Cohen v. [read post]
The lone dissent came from Justice John Marshall Harlan, who wrote that the law was passed with the intention of excluding Black passengers, adding that “[n]o one would be so wanting in candor as to assert the contrary. [read post]
In recent weeks, reporting from ProPublica revealed that Justice failed to disclose thousands of dollars in private gifts from conservative donor Harlan Crow. [read post]
16 Apr 2024, 8:04 am by Samuel Bray
And though terse, it suggests a much better path than Harlan's concurrence in Bivens, which addresses and gets exactly wrong the relationship between law and equity and a cause of action. [read post]
13 Oct 2015, 2:51 pm by Kent Scheidegger
Harlan was a lone voice against the way the Supreme Court declaring new rules retroactive or not under a vague standard that pretty much let them do what they wanted for each rule. [read post]
13 Mar 2017, 4:15 am by Scott Bomboy
The first Justice to appear at his own hearing was Harlan Stone in February 1925. [read post]
3 Jun 2023, 3:36 am by SHG
” Rehnquist’s statement reflects Harlan’s dissent. [read post]