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The Last Chance for a Supreme Court Appointment: The 1942 Vacancy

Gerald Gunther

in Learned Hand: The Man and the Judge

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195377774
eISBN:
9780199869374
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377774.003.0013
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter details Learned Hand's final opportunity to be appointed to the Supreme Court. Hand's opportunity to attain a seat on the United States Supreme Court came in the fall of 1942, when he ... More


Frankfurter and the Intellectualization of Judicial Restraint

Evan Tsen Lee

in Judicial Restraint in America: How the Ageless Wisdom of the Federal Courts was Invented

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195340341
eISBN:
9780199867240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340341.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on Brandeis's most prominent protégé, Felix Frankfurter, who assumed his seat on the Supreme Court in 1939. It shows how Frankfurter's qualms about the vigorous use of judicial ... More


The Influence of Felix Frankfurter

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The effect of Weeks and Silverthorne Lumber was that evidence obtained from an unreasonable search and seizure could not be used in a federal prosecution. This judgment—that the exclusionary rule is ... More


Oral Arguments in a Landmark Case

Lawrence S. Wrightsman

in Oral Arguments Before the Supreme Court: An Empirical Approach

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195368628
eISBN:
9780199867554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368628.003.0006
Subject:
Psychology, Forensic Psychology

The case of Brown v. Board of Education (1954) is used as an example of the role of the oral arguments in deciding a case. A chronology of the case's development is provided. Excerpts from the oral ... More


World War and World Power: 1932–1946

Constance Jordan

in Reason and Imagination: The Selected Correspondence of Learned Hand

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199899104
eISBN:
9780190260132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199899104.003.0004
Subject:
Law, Legal History

News of Holmes's retirement and Franklin Roosevelt's election opens this chapter's correspondence. Felix Frankfurter worries about how the nation's wealth and resources are distributed, and Hand ... More


The United States and Europe: 1909–1920

Constance Jordan

in Reason and Imagination: The Selected Correspondence of Learned Hand

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199899104
eISBN:
9780190260132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199899104.003.0002
Subject:
Law, Legal History

This chapter examines Hand's correspondence from 1909 to 1920, showing his investment in the politics of the nation and his engagement with the policies of the European powers. His letters to ... More


Freund and Frankfurter

Daniel R. Ernst

in Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199920860
eISBN:
9780199377206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920860.003.0002
Subject:
Political Science, American Politics

One of the few Americans who looked to the European continent not just for programs to address the social ills of capitalism but also to constrain administrators was the German-educated law professor ... More


The New Deal Revolution and the Reconstruction of Constitutional Law 1937–1949

in The Most Activist Supreme Court in History: The Road to Modern Judicial Conservatism

Published in print:
2004
Published Online:
March 2013
ISBN:
9780226428840
eISBN:
9780226428864
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226428864.003.0002
Subject:
Political Science, American Politics

This chapter describes the new constitutional foundations marked out by three especially influential New Deal appointees, Felix Frankfurter, Harlan Fiske Stone, and Hugo Black. The justices faced a ... More


BOSTON, 1926

Marion Elizabeth Rodgers

in Mencken: The American Iconoclast

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195072389
eISBN:
9780199787982
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195072389.003.0001
Subject:
Literature, 19th-century and Victorian Literature

This Prologue sets the theme for the entire book: the issue of freedom. It presents a scene, captured during a pivotal moment in Mencken's career when, at the height of his popularity, he was ... More


The Supreme Court and McCarthy-Era Repression: One Hundred Decisions

Robert M. Lichtman

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
book
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.001.0001
Subject:
Law, Legal History

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 ... More


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