Total War and the Constitution. Five lectures delivered on the William W. Cook Foundation at the University of Michigan, March, 1946, by Edward S. Corwin. With an Introduction by E. Blythe Stason, Dean, University of Michigan Law School. (New York: Alfred A. Knopf. 1947. Pp. xiii, 182, vi. $2.50.) and Lions under the Throne: A Study of the Supreme Court of the United States Addressed Particularly to those Laymen who Know more Constitutional Law than they Think they Do, and to those Lawyers who Know Less. By Charles P. Curtis, Jr. (Boston: Houghton Mifflin Company. 1947. Pp. xviii, 368. $3.50.)

1943 ◽  
Vol 37 (2) ◽  
pp. 263-289
Author(s):  
Robert E. Cushman

The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney General Robert H. Jackson of New York took their seats as associate justices. Thus seven justices have been placed on the Court by President Roosevelt. Any idea, however, that these Roosevelt appointees conform to any uniform pattern of thought is belied by the fact that in the 75 cases in the 1941 term turning on important questions of either constitutional law or federal statutory construction, there were dissents in 36, and 23 of these dissents were by either three or four justices. No act of Congress has been declared unconstitutional since May, 1936, when the Municipal Bankruptcy Act was held invalid. Since 1937, the Court has overruled 20 previous decisions, mentioning them by name, while it has modified or qualified a number of others.


1951 ◽  
Vol 45 (1) ◽  
pp. 86-109
Author(s):  
Robert J. Harris

There were two changes in the personnel of the Supreme Court during the 1949 term. Attorney General Tom C. Clark was sworn in as an Associate Justice to succeed the late Justice Frank Murphy on August 24, 1949, after his nomination by President Truman had been approved on August 19 by a vote of 73 to 8. Judge Sherman Minton of the United States Circuit Court of Appeals was nominated to be an Associate Justice on September 15, 1949, to succeed Justice Wiley Rutledge. His nomination was approved by the Senate on October 4 by a vote of 48 to 16, and he was sworn in on October 12. During much of the term Justice Douglas was absent as the result of an accident incurred during the preceding summer recess. The loss of Justices Murphy and Rutledge greatly weakened the liberal alignment of the Court and very positively influenced the decision of a number of doubtful cases contrary to precedents of a recent date.


2005 ◽  
Vol 25 (2) ◽  
pp. 307-409
Author(s):  
Denise Chalifoux

The split decision of the Supreme Court of the United States in the Yeshiva University case in 1980 highlighted the difficulties inherent in appliying American labour laws to the university milieu. This paper considers whether a similar problem exists in Quebec today in regard to the notion of employee found in the Quebec Labour Code and the functions of a university professor. The author first characterizes a professor's work on the basis of the role and responsabilities assigned to him by the different constitutive laws of the Quebec universities in order to establish, in a second section, to what extent this type of occupation is compatible or not with the carefully analysed notion of employee as it is found in the Quebec Labour Code. While this study does not support the conclusion that the associations of university professors should not have been accredited in the first place, nor that decisions to that effect could have been or still could be reversed as in the case of Yeshiva, nor even that these accreditations were detrimental to the university milieu, it does show that the provisions of the Quebec Labour Code inadequately reflect the realities of the Quebec university milieu. It points out the direction possible changes should take to correct this problem.


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