A progressive mind : Louis D. Brandeis and the origins of
... about the military with the intent of disrupting their operations. Second, the act permitted the postmaster to ban treasonable or seditious material from the mail. 8 President Wilson had proposed this Act in 1916 and with the outbreak of war in 1917, Congress enacted it. Wilson's administration fel ...
... about the military with the intent of disrupting their operations. Second, the act permitted the postmaster to ban treasonable or seditious material from the mail. 8 President Wilson had proposed this Act in 1916 and with the outbreak of war in 1917, Congress enacted it. Wilson's administration fel ...
The Politics of the Appointment of Justice Edward Terry Sanford
... said in part: "McReynolds, as you know, is the most reactionary judge on the Court. There were many other things which had better not be set down in black and white which made the situation to me deplorable and harassing to such a degree that I thought myself not called on to sacrifice what of healt ...
... said in part: "McReynolds, as you know, is the most reactionary judge on the Court. There were many other things which had better not be set down in black and white which made the situation to me deplorable and harassing to such a degree that I thought myself not called on to sacrifice what of healt ...
Capturing the Future: Earl Warren and Supreme Court History
... 9. Another prominent example is federalism's oscillations between constitutional extremities-preservation and destruction--o encapsulate differing visions of the relationships between state and national powers. Justice Brandeis envisaged a "federal system [where] a single courageous State may, if it ...
... 9. Another prominent example is federalism's oscillations between constitutional extremities-preservation and destruction--o encapsulate differing visions of the relationships between state and national powers. Justice Brandeis envisaged a "federal system [where] a single courageous State may, if it ...
The Perils of Popularity: David Josiah Brewer and the Politics of
... questions of the day.”19 The Proquest Historical Newspapers database confirms Brewer’s visibility to the public. A search for stories with references to the Supreme Court Justices of the Fuller Court era reveals that the three Justices whose names appeared most frequently in the popular press were C ...
... questions of the day.”19 The Proquest Historical Newspapers database confirms Brewer’s visibility to the public. A search for stories with references to the Supreme Court Justices of the Fuller Court era reveals that the three Justices whose names appeared most frequently in the popular press were C ...
The Hazards of Proposals to Limit the Tenure of
... HE secure tenure of federal judges, who receive lifetime appointments and who have been removed only through the rare and cumbersome process of impeachment, has vexed hostile critics of the federal judiciary since the earliest days of the Republic. During recent years, even proponents of lifetime te ...
... HE secure tenure of federal judges, who receive lifetime appointments and who have been removed only through the rare and cumbersome process of impeachment, has vexed hostile critics of the federal judiciary since the earliest days of the Republic. During recent years, even proponents of lifetime te ...
The Commerce Clause and Executive Power
... John Roberts to and nominated Samuel Alito for the Supreme Court, Republican presidents had made twelve of fourteen appointments to the Supreme Court, thus constituting a clear majority of appointees in any given year. 13 9. 462 U.S. 919 (1983). 10. See id. at 966 (Powell, J., concurring) (“When [Co ...
... John Roberts to and nominated Samuel Alito for the Supreme Court, Republican presidents had made twelve of fourteen appointments to the Supreme Court, thus constituting a clear majority of appointees in any given year. 13 9. 462 U.S. 919 (1983). 10. See id. at 966 (Powell, J., concurring) (“When [Co ...
as a PDF - University of Illinois Law Review
... 1. Union Pac. Ry. Co. v. Botsford, 141 U.S. 250, 251 (1891) (“No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unque ...
... 1. Union Pac. Ry. Co. v. Botsford, 141 U.S. 250, 251 (1891) (“No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unque ...
foundational facts and doctrinal change
... this-ness” of particular cases and the Afull array of events@ that the doctrine encompasses and argues that the common-law method of case-by-case decision making results in bad law because judges inevitably view the particular case as Arepresentative of the larger array@ when it may not be. Frederic ...
... this-ness” of particular cases and the Afull array of events@ that the doctrine encompasses and argues that the common-law method of case-by-case decision making results in bad law because judges inevitably view the particular case as Arepresentative of the larger array@ when it may not be. Frederic ...
Racial Picketing Protesting Discriminatory Employment Practices
... The first reported case of formal picketing was in 1827, when a group of tailors protested the discharge of fellow workmen.' Since that time and until the early 1900's, picketing was considered an actionable tort and was seldom afforded the protection of freedom of speech, guaranteed originally by t ...
... The first reported case of formal picketing was in 1827, when a group of tailors protested the discharge of fellow workmen.' Since that time and until the early 1900's, picketing was considered an actionable tort and was seldom afforded the protection of freedom of speech, guaranteed originally by t ...
From Progressivism to Modern Liberalism: Louis
... All of these factors deserve further exploration. They also need to be considered not just in light of the jurisprudence of the late 1930s and 1940s, but in light of the Warren Court’s increasingly assertive civil libertarianism in the 1950s and 1960s. In this Article, however, I will focus on an “i ...
... All of these factors deserve further exploration. They also need to be considered not just in light of the jurisprudence of the late 1930s and 1940s, but in light of the Warren Court’s increasingly assertive civil libertarianism in the 1950s and 1960s. In this Article, however, I will focus on an “i ...
Judiciary
... (1977–1981), the nomination of federal district court judges actually originated with a senator or senators of the president’s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan (1981–1989), the president has es ...
... (1977–1981), the nomination of federal district court judges actually originated with a senator or senators of the president’s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan (1981–1989), the president has es ...
27_5HofstraLRev37919..
... controlled executive and legislative branches of government. See, e.g., Rostow, The Democratic Characterof JudicialReview, 66 HARV. L. REv. 193 (1952). For the opinion of one eminent jurist doubting not only the origin but also the efficacy of judicial review, see L. HAND, THE BILL OF RIGHTS 73 (195 ...
... controlled executive and legislative branches of government. See, e.g., Rostow, The Democratic Characterof JudicialReview, 66 HARV. L. REv. 193 (1952). For the opinion of one eminent jurist doubting not only the origin but also the efficacy of judicial review, see L. HAND, THE BILL OF RIGHTS 73 (195 ...
the supreme common law court of the united states
... The Court has seized control of areas of the law that have traditionally been the domain of the states and has imposed federal norms created for that purpose. The Court has also applied interpretive methods, in both constitutional and non-constitutional cases, that draw from traditional common law ...
... The Court has seized control of areas of the law that have traditionally been the domain of the states and has imposed federal norms created for that purpose. The Court has also applied interpretive methods, in both constitutional and non-constitutional cases, that draw from traditional common law ...
State Law Independence and the Adequate and Independent State
... Complications arise in the application of the doctrine when state courts fail to indicate the degree to which they relied on federal law.' 3 If the Court improperly finds jurisdiction, its review of a state court decision may infringe on the independence of state law' 4 or result in an advisory opin ...
... Complications arise in the application of the doctrine when state courts fail to indicate the degree to which they relied on federal law.' 3 If the Court improperly finds jurisdiction, its review of a state court decision may infringe on the independence of state law' 4 or result in an advisory opin ...
Constitutional Incorporation - [email protected] Carey Law
... For the most part, the arguments in favor either of a lockstep approach or an approach that places a strong presumption on the side of following federal constitutional precedent are prudential. Some have urged state courts to adopt parallel federal constitutional interpretations to promote uniformit ...
... For the most part, the arguments in favor either of a lockstep approach or an approach that places a strong presumption on the side of following federal constitutional precedent are prudential. Some have urged state courts to adopt parallel federal constitutional interpretations to promote uniformit ...
Presentation Plus! - Watertown School District
... expanding the authority of school officials. – In Bethel School District v. Fraser (1986) the Court ruled the First Amendment does not prevent officials from suspending students for lewd or indecent speech at school events, even though the same speech would be protected outside the school building ...
... expanding the authority of school officials. – In Bethel School District v. Fraser (1986) the Court ruled the First Amendment does not prevent officials from suspending students for lewd or indecent speech at school events, even though the same speech would be protected outside the school building ...
Reflections of America in Supreme Court Cases
... Lesson: Reflections of America in Supreme Court Cases ASSESSMENT Evidence of achievement may be gathered from student performance related to the following: 1. Class prep assignments 2. Timeline work 3. Essay (Rubric included) ...
... Lesson: Reflections of America in Supreme Court Cases ASSESSMENT Evidence of achievement may be gathered from student performance related to the following: 1. Class prep assignments 2. Timeline work 3. Essay (Rubric included) ...
The Rise and Fall of Judicial Self-Restraint
... restraint; courts must be wary of going head-to-head with the other branches of government. Second, often a law goes into effect years before the courts hear a case in which its constitutionality is challenged or is ripe for adjudication. Thayer argued that this implied that the legislature had to m ...
... restraint; courts must be wary of going head-to-head with the other branches of government. Second, often a law goes into effect years before the courts hear a case in which its constitutionality is challenged or is ripe for adjudication. Thayer argued that this implied that the legislature had to m ...
State v. Robinson: Free Speech, Or Itchin` for a Fight?
... freedom of speech and of the press . . . are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States"); see also U.S. CONST. amend. XIV, § 1 ("[nlo State shall make or enforce any law which shall abridge the ...
... freedom of speech and of the press . . . are among the fundamental personal rights and 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States"); see also U.S. CONST. amend. XIV, § 1 ("[nlo State shall make or enforce any law which shall abridge the ...
Mr. Justice Frankfurter: Judgment and the Fourteenth Amendment
... From Brandeis-to whom he also went to school-Frankfurter learned further of restraint. "The history of the Court and the nature of its business admonish against needless or premature decisions. It has no greater duty than the duty not to decide or not to decide beyond its circumscribed authority."2 ...
... From Brandeis-to whom he also went to school-Frankfurter learned further of restraint. "The history of the Court and the nature of its business admonish against needless or premature decisions. It has no greater duty than the duty not to decide or not to decide beyond its circumscribed authority."2 ...
The Second Death of Substantive Due Process
... There was a time when the Due Process Clause was used by this Court to strike down laws which were thought unreasonable, that is, unwise or incompatible with some particular economic or social philosophy.... The doctrine that prevailed . . . -that due process authorizes courts to hold laws unconstit ...
... There was a time when the Due Process Clause was used by this Court to strike down laws which were thought unreasonable, that is, unwise or incompatible with some particular economic or social philosophy.... The doctrine that prevailed . . . -that due process authorizes courts to hold laws unconstit ...
Judicial Activism: The Indian Experience
... courts reviewed the acts of the executive to ensure they were within the limits of the statutes enacted by Parliament. The fundamental principles of individual liberty emerged from the decisions of the courts. The English courts did not hold the acts of Parliament invalid; however, in the British co ...
... courts reviewed the acts of the executive to ensure they were within the limits of the statutes enacted by Parliament. The fundamental principles of individual liberty emerged from the decisions of the courts. The English courts did not hold the acts of Parliament invalid; however, in the British co ...
Town of Greece v. Galloway: The Establishment Clause and the
... Twelve years after Lemon, the Court confronted for the first time the constitutionality of legislative prayer. Marsh v. Chambers was a challenge to the Nebraska legislature’s practice of having a paid chaplain (in this case, a Presbyterian) deliver prayers at legislative sessions, a practice that ev ...
... Twelve years after Lemon, the Court confronted for the first time the constitutionality of legislative prayer. Marsh v. Chambers was a challenge to the Nebraska legislature’s practice of having a paid chaplain (in this case, a Presbyterian) deliver prayers at legislative sessions, a practice that ev ...
Scoring Key, Part I and Rating Guide Part II - Thematic
... The seminal decision in Marbury v. Madison transformed the role of the Supreme Court in American history. The judicial branch as outlined in Article III of the Constitution had a specific role in government but the powers of the court were largely undefined. The Marbury case came at a time when the ...
... The seminal decision in Marbury v. Madison transformed the role of the Supreme Court in American history. The judicial branch as outlined in Article III of the Constitution had a specific role in government but the powers of the court were largely undefined. The Marbury case came at a time when the ...
Familia Interruptus - Chicago-Kent
... from state intervention without a valid police power rationale.35 Nevertheless, in expanding its recognition of liberty interests beyond the contractual context, Meyer applied the standard Lochner Era test for laws infringing on substantive due process rights. The Court maintained that: [T]his liber ...
... from state intervention without a valid police power rationale.35 Nevertheless, in expanding its recognition of liberty interests beyond the contractual context, Meyer applied the standard Lochner Era test for laws infringing on substantive due process rights. The Court maintained that: [T]his liber ...
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.It comprises the Chief Justice of India and 30 other judges. It has original, appellate and advisory jurisdictions.As the final court of appeal of the country, it takes up appeals primarily against verdicts of the High Courts of various States of the Union and other courts and tribunals.The Supreme Court has extensive original jurisdiction for the protection of fundamental rights of citizens. It also acts as the court to settle disputes between various governments in the country. As an advisory court, it hears matters which may specifically be referred to it under the Constitution by the President of India. It also may take cognisance of matters on its own (or 'suo moto'), without anyone drawing its attention. It was first set up in Calcutta for administration of justice.The law declared by the Supreme Court becomes binding on all courts within India.