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25 Oct 2018, 8:42 am
To reduce the number of conscientious objectors, Capozzola explained, the War Department established a Board of Inquiry, a three-person body that included the future Chief Justice Harlan Fiske Stone. [read post]
4 Jan 2011, 9:25 am
Take Justice Harlan’s great dissent in Plessy, for example, where he said Americans don’t have different classes or castes of people. [read post]
3 Feb 2008, 11:04 am
Harlan, Stewart and Clark dissented. [read post]
5 Dec 2011, 2:38 pm
Justice Carter’s concurrence in Perez is a good illustration of the main thesis of Koppelman’s post, and of the point made by the second Justice Harlan (and also by Jack Balkin) that our “tradition is a living thing,” in which our national understanding of the original meaning can be deepened by new experiences. [read post]
29 Jul 2015, 9:01 pm
After all, it was the vehement position of the dissenting Justices in these cases, such as Justices Harlan and Frankfurter, that the Court should not get involved in these issues at all because to get involved was to require the Court to choose among competing theories of political representation. [read post]
10 Aug 2017, 11:12 am
Justice John Marshall Harlan II’s opinion for the court remarked that “the freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech. [read post]
19 Mar 2020, 7:31 am
Harlan, 13 Ohio St. 485 (1862) (Referring to “transcript of the proceedings” as those before a court or other adjudicative body.) [read post]
11 Jan 2010, 5:57 am
Such an extension of the warrant requirement would be, in Justice Harlan's words, `impractical and anomalous. [read post]
10 Jan 2007, 11:21 am
Harlan Fiske Stone, a former dean of Columbia Law School, was a case in point. [read post]
The Court after Scalia: We need a new Justice like Scalia to help end the abortion-distortion effect
15 Sep 2016, 8:06 am
Absent such restricting rules, courts may (per Justice John Marshall Harlan) “roam[] at large in the constitutional field. [read post]
1 Jun 2022, 5:01 am
Slippery slopes are, I will argue, a real cause for concern, as legal thinkers such as Madison, Jackson, Brennan, Harlan, and Black have recognized, and as our own experience at least partly bears out: we can all identify situations where one group's support of a first step A eventually made it easier for others to implement a later step B that might not have happened without A (though we may disagree about exactly which situations exhibit this quality). [read post]
15 May 2015, 10:18 am
Brandwein noted that Justice Harlan took the radical stance in his dissent in The Civil Rights Cases, arguing that public accommodations were a matter of civil right. [read post]
21 Aug 2022, 6:00 am
Introduction In many ways, the "Legal Process" approach to positive and normative legal theory dominated American legal thought in the second half of the twentieth century. [read post]
5 May 2023, 3:17 am
DOMESTIC DEVELOPMENTS – SUPREME COURT ETHICS Harlan Crow, a Republican megadonor, paid two years of private school tuition for a child raised by Supreme Court Justice Clarence Thomas, who did not disclose the payments, Thomas’ lawyer acknowledged yesterday. [read post]
29 Apr 2010, 5:17 am
In an oft-quoted dissent, Justice Harlan emphasized that the Court should not be deterred from making the constitutional judgment which this case demands by the prospect that the day may come when television will have become so commonplace an affair in the daily life of the average person as to dissipate all reasonable likelihood that its use in courtrooms may disparage the judicial process. [read post]
29 Oct 2009, 6:19 pm
.'" Katz, infra, at 361 (Harlan, J., concurring). [read post]
25 Jan 2025, 9:53 pm
He has not recused from cases tangentially connected to Harlan Crow, because Crow was not a party, and there is no rule that you must recuse because a friend may be affected by a case. [read post]
2 Jul 2018, 10:19 am
There, one can find the papers, among others, of Chief Justices Earl Warren, Fred Vinson, Harlan F. [read post]
6 Sep 2011, 11:30 am
Harlan Cohen responded to Professor Kent’s post, suggesting that Professor Golove and Professor William Dodge (one of the book’s editors) may believe that all nations, including ours, are “absolutely bound” by certain rules of international law, those that the well-known (to the Framers and to academics) and influential Eighteenth Century international law commentator Emmerich de Vattel categorized “voluntary law. [read post]
6 Jan 2016, 6:23 am
Insisting that substantive due process inescapably requires the Court to exercise reasoned judgment, the joint opinion embraced Justice John Harlan’s evocative description of substantive due process as an evolving balance: “[T]he balance which our Nation . . . has struck between liberty and the demands of organized society, . . . having regard to what history teaches are the traditions from which it developed as well as the traditions from which it broke. [read post]
