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The Justices

Christopher W. Schmidt

in The Sit-Ins: Protest and Legal Change in the Civil Rights Era

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226522302
eISBN:
9780226522586
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226522586.003.0006
Subject:
Political Science, American Politics

This chapter examines the Supreme Court’s confrontation with the sit-in cases. Between 1961 and 1964, the justices faced round after round of appeals of criminal convictions of sit-in protesters. ... More


Textualism and Consensualism

Sotirios A. Barber and James E. Fleming

in Constitutional Interpretation: The Basic Questions

Published in print:
2007
Published Online:
January 2009
ISBN:
9780195328578
eISBN:
9780199855339
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195328578.003.0005
Subject:
Law, Constitutional and Administrative Law

The textualist says we can find what the Constitution means by consulting the plain words of the constitutional document. The consensualist consults a current social consensus on what the words of ... More


Justice Black and the Absolute First Amendment

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the origins and significance of Justice Hugo L. Black's First Amendment views. It begins by reviewing a related but quite distinct constitutional issue, the so-called ... More


Domestic Politics, 1937–1938

William Lasser

in Benjamin V. Cohen: Architect of the New Deal

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300088793
eISBN:
9780300128888
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300088793.003.0010
Subject:
Political Science, American Politics

This chapter describes events that occurred between 1937 and 1938. These include the growing reputations of Cohen and Corcoran as Washington power players; Cohen's role in drafting the Bonneville ... 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


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


. Negotiations: A Game of Checkers

Charles W. Eagles

in The Price of Defiance: James Meredith and the Integration of Ole Miss

Published in print:
2009
Published Online:
September 2014
ISBN:
9780807832738
eISBN:
9781469605067
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/9780807895597_eagles.19
Subject:
History, African-American History

This chapter focuses on Mississippi leaders' efforts to shore up segregation in the wake of Justice Hugo Black's September 10, 1962 ruling. The governor preached defiance of the federal courts, a ... More


The Duncan and White Cases

Harry N. Scheiber and Jane L. Scheiber

in Bayonets in Paradise: Martial Law in Hawai'i during World War II

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824852887
eISBN:
9780824868727
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824852887.003.0018
Subject:
Society and Culture, Pacific Studies

Duncan v. Kahanamoku was joined for adjudication in the U.S. Supreme Court by White v. Steer, the parallel case of a stockbroker who had been given a heavy provost court sentence for embezzlement. ... More


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