Jump to ContentJump to Main Navigation

You are looking at 1-19 of 19 items

  • Keywords: Felix Frankfurter x
Clear All Modify Search

View:

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


Setting the Stage: 1940–1946

Steven K. Green

in The Third Disestablishment: Church, State, and American Culture, 1940-1975

Published in print:
2019
Published Online:
January 2019
ISBN:
9780190908140
eISBN:
9780190908171
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190908140.003.0003
Subject:
Religion, Religion and Society, Religious Studies

This chapter examines the legal controversies and cases that provided the background for the modern Court’s early church–state cases. It pays particular attention to the activities and litigation ... 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


Advisory Opinions and Judicial Supremacy: Constitutionalism, a Politicized Judiciary, and the Eclipse of Civic Debate

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0006
Subject:
Law, Constitutional and Administrative Law

This concluding chapter argues that advisory opinions have contributed to politicization of the judiciary and to the eclipse of civic debate. Both have long been complaints about advisory opinion ... More


To Follow the Argument where it Leads: An Antiquarian View of the Aim of Academic Freedom at the University of Chicago

Richard A. Shweder

in Who's Afraid of Academic Freedom?

Published in print:
2015
Published Online:
November 2015
ISBN:
9780231168809
eISBN:
9780231538794
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231168809.003.0010
Subject:
Philosophy, Moral Philosophy

This chapter examines academic freedom at the University of Chicago, which proudly thinks of itself as a Socratic, free-thinking, and contentious institution. More specifically, it considers the ... More


Barenblatt, Uphaus, and the Court in Retreat: (October Terms 1958 and 1959)

Robert M. Lichtman

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

Published in print:
2012
Published Online:
April 2017
ISBN:
9780252037009
eISBN:
9780252094125
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037009.003.0009
Subject:
Law, Legal History

This chapter discusses the U.S. Supreme Court’s decisions during its October 1958 and 1959 terms. The most important decisions were Barenblatt v. United States and Uphaus v. Wyman, in which the Court ... More


Reason and Imagination: The Selected Correspondence of Learned Hand

Constance Jordan (ed.)

Published in print:
2013
Published Online:
April 2015
ISBN:
9780199899104
eISBN:
9780190260132
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199899104.001.0001
Subject:
Law, Legal History

Judge Learned Hand is an icon of American Law. Though he was never nominated to the United States highest court, Hand is nevertheless more frequently quoted by legal scholars and in Supreme Court ... More


From Repression to Prevention: The Uncertain Borders between Jurisdiction and Administration

Michele Pifferi

in Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743217
eISBN:
9780191803079
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743217.003.0009
Subject:
Law, Criminal Law and Criminology

The chapter explores how the shift from retributive to preventive justice affected the constitutional balance between judicial and administrative sentencing powers. After analysing the Spanish law ... More


“Puritan And Pagan”: 1959–1961

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/9780199899104.003.0006
Subject:
Law, Legal History

This epilogue presents letters written in the last three years of Judge Learned Hand's life. At the end of his life, the main features of Hand's character reveal him to be the double that Felix ... 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


Gerald Sorin, Howard Fast: Life and Literature in the Left Lane. Bloomington: Indiana University Press, 2012. xi + 512 pp.

Anat Helman

in Jews and Their Foodways

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190265427
eISBN:
9780190461935
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190265427.003.0025
Subject:
Religion, Judaism

This chapter presents Gerald Sorin’s biography of Howard Fast, a renowned American novelist, to discuss Fast’s act of plagiarism. The book, Howard Fast: Life and Literature in the Left Lane, states ... More


View: