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27 Apr 2010, 2:50 pm
Rutledge probably was motivated by Temko’s strong recommendations, and by learning that Temko twice had been selected by the late Chief Justice (and former Columbia law dean) Harlan Fiske Stone to be his law clerk, only to have those plans upset, by the Army in 1943 and by Stone’s sudden death in 1946.) [read post]
30 Jan 2025, 9:01 pm
The first Justice John Marshall Harlan’s statement of this nondelegation principle in Field v. [read post]
3 Jul 2023, 11:14 am
While many of us are still thinking and learning about how the June 29, 2023 Supreme Court decision overturning affirmative action in college admissions will impact the broader nonprofit sector, here are thoughts from the majority opinion, dissents, and others regarding the two critical and, in my opinion, wrongfully and politically decided cases: Students for Fair Admissions Inc. v. [read post]
25 Jun 2015, 9:01 pm
Of the seven justices who heard the oral arguments (the Court was short two justices at the time, with the resignations and then deaths of Justices Black and Harlan in the fall of 1971), five concurred in Blackmun’s drafts and two would have dissented. [read post]
1 Dec 2023, 4:40 am
Signup to receive the Early Edition in your inbox here. [read post]
14 Sep 2018, 9:32 am
Harlan sidestepped questions (from pro-segregation senators) regarding the Brown v. [read post]
3 Oct 2019, 9:01 pm
Jason: Vik, as you know, last month three Virginia couples sued their state in federal court challenging a law requiring them to identify and report their race on the state’s marriage license application form. [read post]
14 Sep 2020, 1:26 am
The Michaelmas Term legal term begins on Thursday 1 October 2020 when the Inforrm summer break comes to an end. [read post]
1 May 2012, 8:46 pm
Chief Justice Harlan Fisk Stone said in 1941, in United States v. [read post]
20 Aug 2007, 2:25 am
My very enjoyable conversation with Matthew Franck about originalism continues. [read post]
26 Dec 2023, 2:17 pm
[The former Attorney General disagrees with me on whether state and local government climate change lawsuits belong in federal court.] [read post]
25 Jun 2024, 1:29 pm
Meanwhile, Justice Kavanaugh offered an encomium to this motley crew of "judges of wisdom": But 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; and so on. [read post]
10 May 2010, 2:52 pm
Brandeis, Chief Justice Harlan Fiske Stone, Chief Justice Charles Evans Hughes, Justice Hugo Black, Justice Felix Frankfurter, Justice William O. [read post]
3 Dec 2020, 8:30 pm
National/Federal 12 Votes Separated These House Candidates. [read post]
30 Aug 2020, 10:28 pm
Iowa land is is some of the most productive in the world. [read post]
4 Jul 2023, 5:26 am
Later on in this discussion, when we shall have the full text of the recent decision of the Supreme Court before us, and the dissenting opinion of Judge Harlan, who must have weighty reasons for separating from all his associates, and incurring thereby, as he must, an amount of criticism from which even the bravest man might shrink, we may be in better frame of mind, better supplied with facts, and better prepared to speak calmly, correctly, and wisely, than now. [read post]
9 Dec 2016, 6:14 am
This post examines an opinion issued by a U.S. [read post]
13 Aug 2019, 2:48 pm
For the symposium on Lawrence Lessig, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019).I am grateful to Jack Balkin and the Balkinization blog for the careful and powerful collection of review essays based on my book Fidelity & Constraint (2019). [read post]
30 May 2021, 6:30 am
For the Symposium on Kate Masur, Until Justice Be Done: America's First Civil Rights Movement, From the Revolution to Reconstruction (W. [read post]
7 Oct 2015, 3:28 am
, 389 U.S. 347, (1967) (Harlan, J., concurring). [read post]
