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23 Jan 2012, 7:37 am
Later cases, which have deviated from that exclusively property-based approach, have applied the analysis of Justice Harlan’s concurrence in Katz v. [read post]
19 Sep 2013, 8:06 pm
This is mainly because Justice Clark did not write a word about incorporation in Mapp and then Clark clearly later sided with the second Justice Harlan is his anti-incorporation campaign. [read post]
31 Jan 2022, 10:47 am
Herman Stern Professor of Law Emeritus, Temple University Beasley School of Law Glenn Harlan Reynolds, Beauchamp Brogan Distinguished Professor of Law, The University of Tennessee Adam Scales, Professor of Law, Rutgers Law School Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School Jeffrey Aaron Snyder, Associate Professor of Educational Studies, Carleton College Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University Nadine Strossen, John Marshall… [read post]
29 Jan 2007, 8:14 am
But Justice Harlan wasn't a legal scholar. [read post]
10 Apr 2012, 7:49 am
Instead, the most likely successors to Vinson would have been John Marshall Harlan under President Eisenhower or Byron White under President Kennedy. [read post]
12 Jul 2023, 8:05 am
(p. 17)For what it's worth, here's how Justice Harlan discussed the Constitution's colorblindness: The white race deems itself to be the dominant race in this country. [read post]
14 Nov 2021, 6:30 am
For the Symposium on Carol Nackenoff and Julie Novkov, American by Birth: Wong Kim Ark and the Battle for Citizenship (University Press of Kansas, 2021). [read post]
21 Jun 2024, 3:24 pm
The first stop in this Court’s constitutional decisionmaking is the Court’s precedents—the accumulated wisdom of jurists from Marshall and Story to Harlan and Taft; from Hughes and Black to Jackson and White; from Rehnquist and O’Connor to Kennedy and Scalia; from Warren and Douglas to Brennan and Marshall. [read post]
29 Nov 2017, 10:04 am
What follows should be read in the context of Richard Primus’s and Keith Whittington’s absolutely superb postings on the issues raised by the proposal to pack the federal judiciary with Trump nominees chosen, de facto, by a combination of the Federalist Society (Leonard Leo) and the Heritage Foundation. [read post]
15 Sep 2018, 9:17 am
Harlan's dissent was a classic. [read post]
16 Feb 2024, 6:30 am
Chief Justice Taft deemed him “the mainstay of the Court” and “the most indispensable we have in the Court”; Harlan Fiske Stone described him as a “tower of strength. [read post]
6 Apr 2023, 8:04 am
"The publication [ProPublica] said Thomas typically spends about a week every summer at Crow’s private resort in the Adirondacks. [read post]
17 Dec 2024, 9:20 am
" Harlan and Story did not seem to limit the power to extraordinary sessions. [read post]
1 Jun 2010, 11:03 am
To my mind, five other Justices plausibly could be considered for the “greatest” laurel: Brandeis, Holmes, Brennan, Story, and the first Justice Harlan. [read post]
28 Aug 2018, 8:13 am
The year before Harlan’s nomination the Supreme Court decided Brown v. [read post]
21 Jun 2010, 10:18 am
A more complete review of the White-Harlan dissent suggests such an inference is unwarranted. [read post]
23 Mar 2016, 5:11 am
In 1971, Justice John Marshall Harlan II famously proposed (concurring and dissenting in part in Mackey v. [read post]
31 Jul 2015, 3:00 am
This assessment parallels the reasonable-expectation-of-privacy test articulated by Justice Harlan in Katz v. [read post]
29 Apr 2010, 2:12 pm
Harlan’s phrasing has proven prophetic. [read post]
10 Dec 2015, 1:08 pm
Rather, Peterjohn said he needed to warn the public that there is now a “clear and present danger” in our midst, and that danger is Gregory Harlan’s retirement clock. [read post]
