Journal of Supreme Court History最新文献

{"title":"Livingston v. Jefferson and Jefferson v. Marshall—Defending an Ex-President","authors":"Jack McKay","doi":"10.1353/sch.2023.a912754","DOIUrl":"https://doi.org/10.1353/sch.2023.a912754","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"52 1-3","pages":"271 - 292"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139267446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Samuel Nelson and Judicial Reputation","authors":"William B. Meyer","doi":"10.1353/sch.2023.a912755","DOIUrl":"https://doi.org/10.1353/sch.2023.a912755","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"28 6","pages":"299 - 316"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139267706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Bronze Doors, or A Tribute to the Legitimacy and Endurance of the Written Rule of Law","authors":"Charles Eskridge, Jack DiSorbo","doi":"10.1353/sch.2023.a912757","DOIUrl":"https://doi.org/10.1353/sch.2023.a912757","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"2 3","pages":"332 - 357"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139266558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"William Howard Taft as Solicitor General","authors":"Walter Stahr","doi":"10.1353/sch.2023.a912756","DOIUrl":"https://doi.org/10.1353/sch.2023.a912756","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"61 1-2","pages":"317 - 331"},"PeriodicalIF":0.1,"publicationDate":"2023-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139270034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Making Minimum Wage: Elsie Parrish versus the West Coast Hotel Company by Helen J. Knowles (review)","authors":"P. Kens","doi":"10.1353/sch.2022.a901696","DOIUrl":"https://doi.org/10.1353/sch.2022.a901696","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 1","pages":"324 - 328"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42914228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fortas' Nominations: One Era Ends, Another Begins","authors":"Michaelann Nelson","doi":"10.1353/sch.2023.a901540","DOIUrl":"https://doi.org/10.1353/sch.2023.a901540","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"239 - 257"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47455958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Judicial Bookshelf","authors":"D. Stephenson","doi":"10.1353/sch.2022.a901697","DOIUrl":"https://doi.org/10.1353/sch.2022.a901697","url":null,"abstract":"Introduction: Salient Points from Recent Changes at the Supreme Court On January 27, 2022, Justice Stephen G. Breyer officially notified President Joseph Biden of his intention to retire when the Court rose for its summer recess, “assuming that by then my successor has been nom­ inated and confirmed.”1 The tenure of the 108th Justice had begun in August, 1994 after President Bill Clinton named him to fill the vacancy created by the retirement of Justice Harry A. Blackmun who had served since 1970. Born in San Francisco in 1938, Breyer is a graduate of Stanford University as well as Oxford University where he was a Marshall Scholar prior to law school at Harvard. After clerking for Justice Arthur Goldberg, he was special counsel at the U.S. Senate Judiciary Committee in 1974-1975, and chief counsel to the committee in 1979-1980. It was in the latter position that Breyer and Senator Biden would probably have first worked closely together after Biden’s appointment to the Judiciary Committee in 1977.2 President Jimmy Carter then named Breyer to the Court of Appeals for the First Circuit in 1980. Thus, well-known and highly regarded by both Democrats and Republicans in the Senate, the nominee understandably encountered little resistance. On July 12, hearings convened for four days with confirmation, 87-9, following on July 29. Both Justice Breyer’s retirement3 and President Biden’s nod to Justice Breyer’s former clerk Judge Ketanji Brown Jackson of the District of Columbia Court of Ap­ peals as his successor illustrate five note­ worthy points concerning appointments to the Supreme Court. First, because of the Constitution’s stipulation for tenure “during good behavior,” justices— like all Article III judges and in contrast to presidents, senators and representatives— serve terms of inde­ terminate length. Vacancies, therefore, are not only infrequent but occur intermittently. Thus, upon taking the oath of office, no new president is guaranteed the opportunity to fill a seat on the Court. President George W. Bush had two, as did President Clinton. President Ronald Reagan had four. President Jimmy Carter, however, had none. Yet early in the 20th century, William Howard Taft, a one-term president like Carter, had six. Even in the realm of Supreme Court vacancies, life can be unfair. For any president, therefore, a vacancy at the Court is not merely an event, but a gift.","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"47 1","pages":"330 - 346"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66445776","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Is There a Way Out of the Counter-majoritarian Difficulty?","authors":"William Domnarski","doi":"10.1353/sch.2023.a901541","DOIUrl":"https://doi.org/10.1353/sch.2023.a901541","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"258 - 262"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46631382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Court-packing in Context","authors":"Barry M. Cushman","doi":"10.1353/sch.2023.a901538","DOIUrl":"https://doi.org/10.1353/sch.2023.a901538","url":null,"abstract":"two related questions: First, what were the Court-packing plan’s prospects for ultimate congressional enactment, and second, to what extent, if any, did the pendency of the Court-packing plan affect the outcomes in the Court’s major constitutional decisions in the spring of 1937? Perhaps as a consequence of this focus, proposed alternatives to Court-packing tend to be treated as something of a sideshow. Discussion of such proposals typically concentrates on the strategic reasons for which Roosevelt rejected them in favor of his own Court-packing plan. Largely overlooked is the rich contemporary legal, newspaper, and periodical literature in which these alternative measures received sustained legal and policy consideration.3 Similarly, the Senate Judiciary Committee hearings on Roosevelt’s bill, at which such proposals also were the subjects of extensive deliberation, routinely receive rather limited exploration. In some cases, discussion is largely confined to the manner in which the bill’s opponents used the hearings to delay its ultimate floor consideration.4 Other treatments offer more There is a curious lacuna in the literature on the Court-packing crisis of 1937. The proposal for reform of the federal judiciary that received the most attention and consideration in that year was, of course, president Franklin D. Roosevelt’s proposal to enlarge the membership of the Supreme Court from nine to fifteen justices.1 Yet, both before and throughout the battle over the president’s “Court-packing plan,” members of Congress introduced a wide variety of alternative measures for addressing their dissatisfaction with recent Supreme Court decisions invalidating various state and federal laws designed to relieve economic distress and stimulate economic recovery.2 Some of these proposals would have taken statutory form, while many others would have amended the Constitution in various respects. In the end, none of these measures was reported out of Committee. Nevertheless, they were the subject of serious discussion in multiple contemporary venues. Scholarly treatments of the Courtpacking episode typically are focused on Court-packing in Context","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"174 - 214"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43085120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Justice Robert H. Jackson \"Arrives\" in Washington","authors":"G. White","doi":"10.1353/sch.2023.a901537","DOIUrl":"https://doi.org/10.1353/sch.2023.a901537","url":null,"abstract":"","PeriodicalId":41873,"journal":{"name":"Journal of Supreme Court History","volume":"48 1","pages":"148 - 173"},"PeriodicalIF":0.1,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44097336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}