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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]
17 Jun 2013, 12:02 pm
requiring a state to allow a new resident to vote for President if she had moved to the state more than thirty days before the election (supported by eight Justices, but not by Justice Harlan, whose view of the Elections Clause the Court expressly adopted today); and, especially, iii. [read post]
20 Aug 2006, 7:37 pm
Cass Sunstein has recently argued that if Hubert Humphrey had won the 1968 election, then it is altogether possible that Michelman's vision (and FDR's call for a "Second Bill of Rights in 1944) would have been realized with the replacement of Warren, Fortas, Harlan and Black by judges quite diferent from Burger, Blackmun, Rehnquist and Powell. [read post]
26 Oct 2022, 6:58 am
Brennan J wrote the opinion of the Court, in which Warren CJ, and Clark, Harlan, Stewart and White JJ joined; Black J wrote a short concurring opinion; Goldberg J concurred in the result; and Douglas J concurred with both Black and Goldberg JJ. [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]
3 Aug 2011, 8:21 am
” After his retirement, Swayne commended Justice Harlan for his dissent in the Civil Rights Cases. [read post]
1 Mar 2010, 5:24 am
This morning Professor Philip Hamburger graciously responds to my blog post reacting to his new paper on Privileges or Immunities. [read post]
1 Jul 2018, 9:01 pm
United States), such surveillance violated the Fourth Amendment, because it interfered with privacy, even though there was no physical intrusion into any constitutionally protected area (such as a house, person, paper, or effect).That decision and Justice Harlan’s concurrence in it have provided the rubric for analyzing Fourth Amendment search claims for many decades, until Justice Scalia began reimagining the right at issue as more directly connected to property. [read post]
28 Mar 2012, 5:33 pm
Writing for the Court, Chief Justice Harlan Fiske Stone wrote: The power to regulate commerce is the power "to prescribe the rule by which commerce is to be governed," Gibbons v. [read post]
8 May 2017, 11:25 pm
” (As a point of comparison, these proto-originalist framings do not seem to appear in the confirmation hearings of Justices White, Stewart, Whittaker, Brennan, or Harlan; though Goldberg's 1962 hearings contain numerous reference to "original intent" or the "framers intent" and Brennan was asked by the virulently racist Mississippi Senator James O. [read post]
9 Jan 2012, 5:55 am
(Actually, as Wikipedia notes, this test comes from Justice Harlan’s concurring opinion in Katz and was later adopted by a majority of the Supreme Court in Smith v. [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 Aug 2010, 11:06 am
. _______________ Other Thoughts on “Cyber War”: the official page for the book a review by Glenn Harlan Reynolds that appeared in the Wall Street Journal a rather scathing review by Ryan Singel of Wired a review by Jeff Stein in The Washington Post thoughts from Jim Harper of Cato Bruce Schneier says that “The Threat of Cyberwar Has Been Grossly Exaggerated“ and videos of Richard Clarke on “The Rachel Maddow Show” and “Good Morning America”… [read post]
7 May 2007, 9:54 am
Harlan Grant Cohen, Finding International Law: Rethinking the Doctrine of Sources, 93 Iowa L. [read post]
16 Oct 2014, 9:01 pm
The concept of “separate but equal”—a phrase that appears in (the first) Justice John Marshall Harlan’s Plessy dissent but not in the majority opinion—was thus entrenched in American law for over half a century. [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]
12 Sep 2012, 12:04 pm
However, Adair was a bad candidate for liberal obloquy because it was written by the sainted (after Brown) Justice Harlan, who explicitly endorsed the right to liberty of contract. [read post]
6 Jan 2012, 3:51 am
The early constitutions of both Georgia and Pennsylvania provided that juries “shall be the judges of law, as well as fact,” and as late as 1941 Chief Justice Harlan Stone stated that “the law itself is on trial quite as much as the cause which is to be decided. [read post]
12 Jul 2014, 4:27 am
A few years after mishandling Dr. sawaf’s case, the attorney became a Circuit Judge in Harlan County, Kentucky (far southeastern Ky., on the Tennessee border). [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]
