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12 Jul 2012, 2:43 pm
Robert Bork undoubtedly adhered to the Justice Harlan conception of restraint, and I think it is fair to say that his jurisprudential views were emblematic of the movement until the early- to mid-1980s. [read post]
15 Apr 2019, 1:44 pm
California, Harlan (and mostly Krattenmaker, by his account) wrote the opinion for the court that said the anti-draft message on the jacket was protected from criminal prosecution by the First Amendment. [read post]
31 Mar 2016, 7:28 am
But based on the writings of a the late Justice John Marshall Harlan II, the Court has decided over time that new “substantive” constitutional rules should apply retroactively to everyone, even “final” cases, while new rules that can be described as merely “procedural” should not. [read post]
8 Jan 2015, 9:33 am
And, as an aspiration, Justice Harlan’s axiom must command our assent. [read post]
26 Feb 2018, 2:36 pm
” Frederick urges Kennedy to read the concurring opinion of Justice John Marshall Harlan in the 1961 decision in Lathrop v. [read post]
9 Apr 2012, 9:39 am
Waite and Melville Fuller and Justice John Marshall Harlan I were prominently mentioned as presidential candidates, but they strongly discouraged such talk. [read post]
9 Feb 2010, 1:02 pm
As Justice Harlan’s dissent pointed out, the power of laissez-faire theories and the belief in minimal government interference in private business transactions was still quite strong in the mid-to-late nineteenth century. [read post]
28 Nov 2018, 11:11 am
As the figure confirms, Brennan is close to the center, with other active justices, including Frankfurter, Justice John Marshall Harlan II, Rehnquist, and Chief Justice Harlan Fiske Stone, also in the middle. [read post]
7 Feb 2012, 12:06 pm
Writing in concurrence, Justice Harlan expressed his understanding of the Fourth Amendment as protecting an individual's "reasonable expectation of privacy. [read post]
31 Mar 2011, 10:15 pm
”Harlan offers this amusing observation: “Don’t mess with JDate. [read post]
22 Oct 2013, 9:01 pm
It was, I would argue (and did argue, in an article titled The Qualitative Dimension of Fourth Amendment “Reasonableness”) a mistake to extend the authority to briefly detain people beyond the implicit “special law enforcement” interest in Terry (and made explicit in Justice Harlan’s concurrence there). [read post]
20 Jun 2016, 2:29 pm
Ohio (1961), a decision which Justice Harlan noted in dissent was so far in excess of the limits of the Supreme Court's legitimate constitutional powers as to make the Court's voice "only a voice of power, not of reason. [read post]
17 May 2015, 4:51 am
Harlan Winn and I experienced “Aerobic Running” with “Stormin’ Norman” Lord, and I don’t think any subsequent physical challenge was any more difficult than some of those runs. [read post]
23 Jan 2013, 10:31 am
Harlan M. [read post]
9 Jun 2013, 3:01 pm
Harlan M. [read post]
6 Apr 2022, 2:19 pm
Not Scalia with respect to original public meaning (a form of historical argument), not Breyer with respect to prudentialism, not Black regarding text, not Marshall and structure, not Harlan and ethos---NONE of these judges confined their actual opinions to exclude other forms of argument, indeed no sane judge would. [read post]
14 Jun 2017, 9:17 pm
Justice Harlan called the Espionage Act “a singularly opaque statute” in his dissent from New York Times Co.; Professors Harold Edgar and Benno Schmidt, in a 1986 law review article, went so far as to call the statute “incomprehensible if read according to the conventions of legal analysis of text, while paying fair attention to legislative history. [read post]
17 May 2015, 4:51 am
Harlan Winn and I experienced “Aerobic Running” with “Stormin’ Norman” Lord, and I don’t think any subsequent physical challenge was any more difficult than some of those runs. [read post]
29 Jun 2023, 9:31 am
It was thus possible to read prior precedents as emphasizing one or the other of two consecutive sentences in the first Justice Harlan's dissent in Plessy v. [read post]
20 Mar 2025, 6:13 am
Levi Distinguished Service Professor of Law, University of Chicago Law SchoolNadine Strossen, John Marshall Harlan II Professor of Law Emerita, New York Law SchoolEugene Volokh, Thomas M. [read post]
