The Supreme Court and McCarthy-Era Repression

2012 ◽  
Author(s):  
Robert M. Lichtman
Keyword(s):  
Supreme Court ◽  
Political Repression ◽  
Mccarthy Era ◽  
Political Events ◽  
The Supreme Court ◽  
History Of ◽  
Insight Into ◽  
Comprehensive History ◽  
The U.S ◽  
Public Criticism

This book provides a comprehensive history of the U.S. Supreme Court’s decisions in “Communist” cases during the McCarthy era. The book shows the Court’s vulnerability to public criticism and attacks by the elected branches during periods of political repression. The book describes every Communist-related decision of the era (none is omitted), placing them in the context of political events and revealing the range and intrusiveness of McCarthy-era repression. Demonstrating keen insight into the Supreme Court’s inner workings and making extensive use of the justices’ papers, the book examines the dynamics of the Court’s changes in direction and the relationships and rivalries among its justices, including such towering figures as Hugo Black, Felix Frankfurter, Earl Warren, William O. Douglas, and William J. Brennan, Jr.

The Rowley Decision: How the Supreme Court Views the Education of Handicapped Children

1982 ◽  
Vol 76 (8) ◽  
pp. 322-324
Author(s):  
Barbara D. McGarry
Keyword(s):  
Supreme Court ◽  
Public Law ◽  
Economic Environment ◽  
Handicapped Children ◽  
The Supreme Court ◽  
National Economic ◽  
History Of ◽  
The U.S

This review of the U.S. Supreme Court's first interpretation of Public Law 94-142 details the national economic environment in which the decision took place, provides a history of the Rowley case in the courts, and considers the financial implications of the Supreme Court's ruling.

scholarly journals The Action for Breach of Promise of Marriage in Early Colonial New Zealand: Fitzgerald v Clifford (1846)

2010 ◽  
Vol 41 (3) ◽  
pp. 473
Author(s):  
Megan Simpson
Keyword(s):  
Nineteenth Century ◽  
New Zealand ◽  
Supreme Court ◽  
Legal History ◽  
Public Debate ◽  
Early Colonial ◽  
The Supreme Court ◽  
History Of ◽  
Insight Into

In 1846, the first breach of promise of marriage case was heard by the Supreme Court of New Zealand. Unlike many other breach of promise cases heard throughout the Empire during the nineteenth century, this case was not publicly reported. Rather, it is a case that exists only within the pages of Justice Chapman's judicial notebook, absent from the newspaper court reports of the time. This action was relatively rare in the colony but the testimonies of witnesses examined enable us to gain an insight into matters of class, courtship, family, reputation and social protocols in the mid-nineteenth century. This paper considers the legal history of the action in New Zealand from 1842-1875, focussing on the case of Fitzgerald v Clifford (1846) to explore how private matters of courtship and romance became matters of legal and sometimes public debate. 

Video as Text/Archive

2019 ◽  
pp. 778-797
Author(s):  
Bennett Capers
Keyword(s):  
Supreme Court ◽  
Court Case ◽  
The Supreme Court ◽  
Surveillance Cameras ◽  
American Law ◽  
Supreme Court Case ◽  
History Of ◽  
Constitutional Protections

This chapter focuses on a few issues related to video evidence and law, especially with respect to American law. The first issue is the history of the use of video evidence in court. The second issue involves constitutional protections regarding the state’s use of surveillance cameras. The chapter then turns to the Supreme Court case Scott v. Harris to raise concerns about the use of video evidence as not just proof but “truth.” These are of course just a sampling of the issues that the topic of video evidence could raise. The hope is that this chapter will spur further inquiry on the part of the reader.

Roe v. Wade and the History of Abortion Regulation

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton
Keyword(s):  
Supreme Court ◽  
Personal Privacy ◽  
Personal Liberty ◽  
Personal Rights ◽  
The Supreme Court ◽  
Right Of Privacy ◽  
History Of ◽  
The Right Of Privacy ◽  
The Right ◽  
Roe V Wade

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”

The tenure of English judges

1913 ◽  
Vol 7 (2) ◽  
pp. 217-229 ◽  
Author(s):  
C. H. McIlwain
Keyword(s):  
Supreme Court ◽  
Political Science ◽  
Theory And Practice ◽  
The Political ◽  
The Supreme Court ◽  
History Of ◽  
The Subject ◽  
General Object ◽  
William Iii ◽  
Science Association

At the meeting of the Political Science Association last year, in the general discussion, on the subject of the recall, I was surprised and I must admit, a little shocked to hear our recall of judges compared to the English removal of judges on address of the houses of parliament.If we must compare unlike things, rather than place the recall beside the theory or the practice of the joint address, I should even prefer to compare it to a bill of attainder.In history, theory and practice the recall as we have it and the English removal by joint address have hardly anything in common, save the same general object.Though I may not (as I do not) believe in the recall of judges, this paper concerns itself not at all with that opinion, but only with the history and nature of the tenure of English judges, particularly as affected by the possibility of removal on address. I believe a study of that history will show that any attempt to force the address into a close resemblance to the recall, whether for the purpose of furthering or of discrediting the latter, is utterly misleading.In the history of the tenure of English judges the act of 12 and 13 William III, subsequently known as the Act of Settlement, is the greatest landmark. The history of the tenure naturally divides into two parts at the year 1711. In dealing with both parts, for the sake of brevity, I shall confine myself strictly to the judges who compose what since 1873 has been known as the supreme court of judicature.

The Supreme Court, Ideology, and the Decision to Cite or Borrow from Amicus Curiae Briefs

2021 ◽  
pp. 1532673X2110321
Author(s):  
Kayla S. Canelo
Keyword(s):  
Interest Groups ◽  
Supreme Court ◽  
The Other ◽  
Amicus Curiae ◽  
Political Actors ◽  
The Supreme Court ◽  
Extreme Groups ◽  
Insight Into

Scholars have sought to understand the dual characterization of Supreme Court justices as both legal and political actors. One way to further uncover this complexity is to assess how the justices engage with the interest groups that file amicus curiae or “friend-of-the-Court” briefs. Scholars have revealed that the justices often “borrow language” from these briefs in their opinions. However, much less often, they cite the amici. These two uses are distinct in that one is revealed to the reader while the other is not. So which interest groups do the justices decide to cite and which do they borrow language from? I find the justices borrow more language from ideologically similar interests, but that ideology plays a less central role in the decision to cite. Specifically, I find that the justices are less likely to cite briefs filed by ideologically overt interests, but this only extends to the most ideologically “extreme” groups. Further, the justices are not more likely to cite briefs filed by interests that are ideologically similar to their own preferences. These findings provide insight into how the justices balance policy and legitimacy goals.

scholarly journals Patterson v. McLean: A Confirmation of the New Right at the U.S. Supreme Court

2005 ◽  
Vol 30 (4) ◽  
pp. 987-1009
Author(s):  
George M. Sullivan
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
National Elections ◽  
Presidential Appointments ◽  
The Supreme Court ◽  
The Impact ◽  
The U.S

In two consecutive national elections a conservative, Ronald Reagan, was elected President of the United States. When Justice Lewis Powell announced his retirement during the late months of the Reagan administration, it was apparent that the President's last appointment could shift the ideology of the Court to conservatism for the first time since the presidency of Dwight Eisenhower. President Reagan's prior appointments, Sandra Day O'Connor and Antonin Scalia, had joined William Rehnquist, an appointee of President Nixon and Bryon White, an appointee of President Kennedy to comprise a vociferous minority of four in many instances, especially cases involving civil rights. The unexpected opportunity for the appointment of a conservative jurist caused great anxiety in the media and in the U.S. Senate, the later having confirmation power over presidential appointments to the Supreme Court. This article examines the consequences of the Senate's confirmation of Justice Anthony Kennedy to the Supreme Court. The impact, which was immediate and dramatic, indicates that conservative ideology will predominate on major civil rights issues for the remainder of this century.

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