Supreme Court of Appeals of Virginia. Commonwealth ex rel. Attorney General v. Atlantic Coast Line R. Co. Nov. 22, 1906. [55 S. E. 572.]

1907 ◽  
Vol 12 (12) ◽  
pp. 1009 ◽  
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.


1955 ◽  
Vol 49 (1) ◽  
pp. 63-106
Author(s):  
David Fellman

The membership of the Supreme Court remained unchanged during the 1953 Term. Chief Justice Vinson died on September 8, shortly before the opening of the Term. Governor Earl Warren of California was given a recess appointment by President Eisenhower on October 2, and was sworn in as the fourteenth Chief Justice on October 5. The Senate Judiciary Committee moved slowly, however, and the appointment did not reach the Senate until March 1, 1954, when it was confirmed by a voice vote without opposition.A week after the 1954 Term got under way Justice Robert H Jackson died, of a heart attack, on October 9, 1954, at the age of 62. For a man who had no law degree, Justice Jackson had done very well in the law. After a brilliant career as a lawyer in Jamestown, New York, he entered the government service in 1934 as General Counsel to the Bureau of Internal Revenue. He was appointed Solicitor-General in 1938, Attorney-General in 1940, and was elevated to the Supreme Court by President Roosevelt in June, 1941. He served as chief American prosecutor at the Nürnberg trial of top Nazi war criminals. Though appointed with the reputation of being a liberal New Dealer, Justice Jackson was actually close to the very center of the Court in many cases where the Justices were sharply divided. He was one of the most gifted opinion-writers on the Court, with a flair for felicitous phrasing and well-turned epigrams. To take the place of Justice Jackson, President Eisenhower nominated, on November 8, 1954, Judge John Marshall Harlan, whom he had appointed the previous March to the Court of Appeals for the Second Circuit. Judge Harlan, once a successful New York lawyer, is the grandson of the Justice Harlan who served with such distinction from 1877 to 1911.


1999 ◽  
Vol 27 (2) ◽  
pp. 197-198
Author(s):  
Joseph R. Zakhary

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.


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