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Supreme Court (supreme + court)
Kinds of Supreme Court Terms modified by Supreme Court Selected AbstractsPOISSON VERSUS BINOMIAL: APPOINTMENT OF JUDGES TO THE U.S. SUPREME COURTAUSTRALIAN & NEW ZEALAND JOURNAL OF STATISTICS, Issue 3 2010Vassilly Voinov Summary The problem of discriminating between the Poisson and binomial models is discussed in the context of a detailed statistical analysis of the number of appointments of the U.S. Supreme Court justices from 1789 to 2004. Various new and existing tests are examined. The analysis shows that both simple Poisson and simple binomial models are equally appropriate for describing the data. No firm statistical evidence in favour of an exponential Poisson regression model was found. Two attendant results were obtained by simulation: firstly, that the likelihood ratio test is the most powerful of those considered when testing for the Poisson versus binomial and, secondly, that the classical variance test with an upper-tail critical region is biased. [source] UNITED STATES V. BOOKER AS A NATURAL EXPERIMENT: USING EMPIRICAL RESEARCH TO INFORM THE FEDERAL SENTENCING POLICY DEBATE,CRIMINOLOGY AND PUBLIC POLICY, Issue 3 2007PAUL J. HOFER Research Summary: In United States v. Booker, the U.S. Supreme Court held that the federal sentencing guidelines must be considered advisory, rather than mandatory, if they are to remain constitutional under the Sixth Amendment. Since the decision, the U.S. Sentencing Commission has provided policy makers with accurate and current data on changes and continuity in federal sentencing practices. Unlike previous changes in legal doctrine, Booker immediately increased the rates of upward and downward departures from the guideline range. Government-sponsored downward departures remain the leading category of outside,the-range sentences. The rate of within-range sentences, although lower than in the period immediately preceding Booker, remains near rates observed earlier in the guidelines era. Despite the increase in departures, average sentence lengths for the overall caseload remain stable, because of offsetting increases in the seriousness of the crimes being sentenced and in the severity of penalties for those crimes. Analyses of the reasons that judges reported for downward departures suggest that treatment of criminal history and offender characteristics are the two leading areas of dissatisfaction with the guidelines. Policy Implications: Assessment of changes in sentencing practices following Booker by different observers depends partly on competing institutional perspectives and on different degrees of trust in the judgment of judges, prosecutors, the Sentencing Commission, and Congress. No agreement on whether Booker has bettered or worsened the system can be achieved until agreement exists on priorities among the purposes of sentencing and the goals of sentencing reform. Both this lack of agreement and an absence of needed data make consensus on Booker's effects on important sentencing goals, such as reduction of unwarranted disparity, unlikely in the near future. Similarly, lack of baseline data before Booker on the effectiveness of federal sentencing at crime control makes before-after comparisons impossible. Despite these limitations, research provides a sounder framework for policy making than do anecdotes or speculation and sets valuable empirical parameters for the federal sentencing policy debate. [source] SELECTIVE ABORTION IN BRAZIL: THE ANENCEPHALY CASEDEVELOPING WORLD BIOETHICS, Issue 2 2007DEBORA DINIZ ABSTRACT This paper discusses the Brazilian Supreme Court ruling on the case of anencephaly. In Brazil, abortion is a crime against the life of a fetus, and selective abortion of non-viable fetuses is prohibited. Following a paradigmatic case discussed by the Brazilian Supreme Court in 2004, the use of abortion was authorized in the case of a fetus with anencephaly. The objective of this paper is to analyze the ethical arguments of the case, in particular the strategy of avoiding the moral status of the fetus, the cornerstone thesis of the Catholic Church. [source] The global diversion of pharmaceutical drugsADDICTION, Issue 3 2009India: the third largest illicit opium producer? ABSTRACT Aims This paper explores India's role in the world illicit opiate market, particularly its role as a producer. India, a major illicit opiate consumer, is also the sole licensed exporter of raw opium: this unique status may be enabling substantial diversion to the illicit market. Methods Participant observation and interviews were carried out at eight different sites. Information was also drawn from all standard secondary sources and the analysis of about 180 drug-related criminal proceedings reviewed by Indian High Courts and the Supreme Court from 1985 to 2001. Findings Diversion from licit opium production takes place on such a large scale that India may be the third largest illicit opium producer after Afghanistan and Burma. With the possible exceptions of 2005 and 2006, 200,300 tons of India's opium may be diverted yearly. After estimating India's opiate consumption on the basis of UN-reported prevalence estimates, we find that diversion from licit production might have satisfied a quarter to more than a third of India's illicit opiate demand to 2004. Conclusions India is not only among the world's largest consumer of illicit opiates but also one of the largest illicit opium producers. In contrast to all other illicit producers, India owes the latter distinction not to blatantly illicit cultivation but to diversion from licit cultivation. India's experience suggests the difficulty of preventing substantial leakage, even in a relatively well-governed nation. [source] Ironies in Human Rights Protection in the EU: Pre-Accession Conditionality and Post-Accession ConundrumsEUROPEAN LAW JOURNAL, Issue 1 2009Anneli Albi In the wake of the extensive scrutiny of the human rights credentials of the new Member States under the EU pre-accession conditionality, which itself was riddled with paradoxes, this article considers a rather unexpected irony thrown up by the accession of these countries. It is that the post-communist constitutional courts, which have been applauded for vigorous protection of fundamental rights after the fall of the Communist regime that was marked by nihilism to rights, have come rather close to having to downgrade the protection standards after accession, due to the new constraints of supremacy of EC law. The article will consider the sugar market cases of the Hungarian and Czech Constitutional Courts and of the Estonian Supreme Court, which appear to add weight to the concerns that have been voiced in some older Member States about the fundamental rights protection in the EU. Indeed such concerns were recently also addressed in the concurring opinions to the Bosphorus judgment of the European Court of Human Rights. [source] WILLIAM H. REHNQUIST AWARD FOR JUDICIAL EXCELLENCE ADDRESSFAMILY COURT REVIEW, Issue 2 2009Hon. Jonathan Lippman The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. It is given each year to a state court judge who demonstrates the "highest level of judicial excellence, integrity, fairness, and professional ethics." The 2008 recipient, Jonathan Lippman, was recently appointed and confirmed as Chief Judge of the State of New York. Chief Judge Lippman was previously the Presiding Justice of the Appellate Division of the First Judicial Department of the New York State Supreme Court. He was appointed New York's Chief Administrative Judge by Chief Judge Judith S. Kaye and served from January 1996 to May 2007 and was responsible for the operation of a court system with a $2.4 billion budget, 1300 state-paid judges, 2300 town and village judges, and 16,000 nonjudicial personnel. Among his numerous professional activities, Chief Judge Lippman served as president of the Conference of State Court Administrators from 2005 to 2006 and was the vice-chair of the National Center for State Courts from 2005 to 2006, where he was a member of the Board of Directors from 2003 to 2007. During his tenure, Chief Judge Lippman has been the recipient of numerous awards and recognitions, including the 2006 Fund For Modern Courts Cyrus R. Vance Tribute for Vision, Integrity and Dedication to the Fair Administration of Justice Personified by Cyrus R. Vance (November 27, 2006); the New York County Lawyers' Association Conspicuous Service Award in Recognition of Many Years of Outstanding Public Service (September 28, 2006); and the Award for Excellence in Public Service of the New York State Bar Association's Committee on Attorneys in Public Service (January 24, 2006). Chief Judge Lippman received a Bachelor of Arts in Government and International Relations from New York University, Washington Square College, where he graduated cum laude in 1965. He also received his J.D. from New York University in 1968. Below is the speech he delivered after accepting the William H. Rehnquist Award from U.S. Supreme Court Chief Justice John G. Roberts. [source] SPERM DONOR OR THWARTED FATHER?FAMILY COURT REVIEW, Issue 2 2009HOW WRITTEN AGREEMENT STATUTES ARE CHANGING THE WAY COURTS RESOLVE LEGAL PARENTAGE ISSUES IN ASSISTED REPRODUCTION CASES In recent years, the use of assisted reproduction has risen dramatically in the United States, allowing individuals who face various reproductive challenges, including infertility or absence of a heterosexual partner, to conceive biological children. While assisted reproduction has expanded to meet the needs of these parents, the legal system remains years behind, often leading to complicated child custody disputes between the parties. State legislatures have responded to the call for increased regulation of legal parentage in assisted reproduction in varying ways, although one popular statutory approach requires a known sperm provider to preserve his intention to parent in a written agreement with the woman. This article will argue that written agreement statutes are an effective means for resolving parentage disputes because of their ability to protect pre-insemination intent and encourage private ordering of conflicts among the parties. These issues will be explored through the lens of a recent case decided by the Kansas Supreme Court, In Re K.M.H., where the court enforced a written agreement statute against a sperm provider despite his equal protection and due process challenges. [source] OUT-OF-COURT STATEMENTS BY VICTIMS OF CHILD SEXUAL ABUSE TO MULTIDISCIPLINARY TEAMS: A CONFRONTATION CLAUSE ANALYSISFAMILY COURT REVIEW, Issue 1 2009Jonathan Scher Acknowledging the rapid growth of child sexual abuse in the United States, this Note advocates for the recognition of a limited exception to the blanket-hearsay ban on out-of-court statements made by unavailable declarants set out by the Supreme Court in Crawford v. Washington. In order to protect a criminal defendant's Sixth Amendment confrontation right, Crawford requires that hearsay evidence that is "testimonial" in nature be deemed inadmissible if the witness is unavailable and the defendant does not have a prior opportunity to cross-examine the witness against him. However, Crawford noted that, where nontestimonial hearsay is at issue, cross-examination may not be necessary. Accordingly, where a child sexual abuse victim makes statements during a structured or semi-structured forensic interview to a member of a multidisciplinary team, these statements should be deemed nontestimonial and thus admitted into evidence, without requiring cross-examination of the child. Allowing for this exception to the general hearsay ban in Crawford is not only consistent with current precedent, but it is also warranted to promote public policy and to curb the negative impact such abuse has on society. [source] The Implications of ADA Litigation for Employers: A Review of Federal Appellate Court DecisionsHUMAN RESOURCE MANAGEMENT, Issue 1 2001Barbara A. Lee Analysis of litigation outcomes indicates that most plaintiffs who sue under the Americans with Disabilities Act are unsuccessful. Equal Employment Opportunity Commission enforcement data and six years of federal appellate court decisions were reviewed, as well as recent rulings of the United States Supreme Court. The courts are interpreting the ADA very narrowly, and very few plaintiffs prevail. The results of this research suggest that if employers engage in an individualized assessment of whether an individual is protected by the law and whether the requested accommodation is reasonable, legal liability will be minimized. © 2001 John Wiley & Sons, Inc. [source] The Australian corporate rescue regime: bold experiment or sensible policy?INTERNATIONAL INSOLVENCY REVIEW, Issue 2 2001Colin Anderson This paper takes its title from a paper given by the Honourable Justice Robert Austin, of the Supreme Court of New South Wales, to a conference on Key developments in Corporate Law and Equity in March 2001. In that speech he described Australia's corporate rescue regime as a "bold experiment". This paper suggests that this is not a justified description and further that it is unlikely to end in the foreseeable future. The paper consists of a broad outline of how the system operates in Australia. It provides some commentary on the more significant features of the operation of Part 5.3A of the Corporations Law and considers suggestions that have been made in respect of reform of the legislation. The paper goes on to consider how the regime has been used since its introduction showing it is now the most widely used form of insolvency administration. The paper then examines briefly some of the attempts at evaluation of the regime. It concludes by suggesting that at this stage there is inadequate information to be conclusive as to the procedure's success or otherwise in fulfilling its aims of providing better returns to creditors. It is argued first, that the wide use of the procedure suggests that it is unlikely to be fundamentally altered in the near future. A further conclusion is that there is some soundness in the approach that the legislation takes in having less court control and a greater role played by the insolvency practitioner. [source] The Statistical Analysis of Judicial Decisions and Legal Rules with Classification TreesJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 2 2010Jonathan P. Kastellec A key question in the quantitative study of legal rules and judicial decision making is the structure of the relationship between case facts and case outcomes. Legal doctrine and legal rules are general attempts to define this relationship. This article summarizes and utilizes a statistical method relatively unexplored in political science and legal scholarship,classification trees,that offers a flexible way to study legal doctrine. I argue that this method, while not replacing traditional statistical tools for studying judicial decisions, can better capture many aspects of the relationship between case facts and case outcomes. To illustrate the method's advantages, I conduct classification tree analyses of search and seizure cases decided by the U.S. Supreme Court and confession cases decided by the courts of appeals. These analyses illustrate the ability of classification trees to increase our understanding of legal rules and legal doctrine. [source] The Legitimacy of the U.S. Supreme Court in a Polarized PolityJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2007James L. Gibson Conventional political science wisdom holds that contemporary American politics is characterized by deep and profound partisan and ideological divisions. Unanswered is the question of whether those divisions have spilled over into threats to the legitimacy of American political institutions, such as the U.S. Supreme Court. Since the Court is often intimately involved in making policy in many issue areas that divide Americans,including the contested 2000 presidential election,it is reasonable to hypothesize that loyalty toward the institution depends on policy and/or ideological agreement and partisanship. Using data stretching from 1987 through 2005, the analysis reveals that Court support among the American people has not declined, nor is it connected to partisan and ideological identifications. Instead, support is embedded within a larger set of relatively stable democratic values. Institutional legitimacy may not be obdurate, but it does not seem to be caught up in the divisiveness that characterizes so much of American politics,at least not at present. [source] Kumho, Daubert, and the Nature of Scientific Inquiry: Implications for Forensic Anthropology,JOURNAL OF FORENSIC SCIENCES, Issue 4 2008Christopher R. Grivas M.S. Abstract:, In the last 15 years, the US Supreme Court has implemented major changes concerning the admittance of expert testimony. In 1993, Daubert v. Merrell Dow Pharmaceuticals superseded the Frye ruling in federal courts and established judges, not the scientific community, as the gatekeepers regarding the credibility of scientific evidence. In 1999, a lesser-known but equally important decision, Kumho Tire v. Carmichael, ruled that technical expert testimony needed to employ the same rigor as outlined in Daubert, but experts can develop theories based on observations and apply such theories to the case before the court. Anthropology has never been defined as a hard science. Yet, many recent publications have modified existing techniques to meet the Daubert criteria, while none have discussed the significance of Kumho to anthropological testimony. This paper examines the impact of Daubert and Kumho on forensic anthropology and illustrates areas of anthropological testimony best admitted under Kumho's guidance. [source] When superior courts reach different conclusions in the same child sexual abuse cases,is there a lesson to be learned?JOURNAL OF INVESTIGATIVE PSYCHOLOGY AND OFFENDER PROFILING, Issue 3 2008Frank Lindblad Abstract The objective of this study was to analyse Swedish child sexual abuse cases from 1989 to 2004 characterised by the following: (1) conviction in first trial in a court of appeal; (2) the Supreme Court later accepted a petition for a new trial; and (3) acquittal in second trial in the same court of appeal (with new judges). The study was conducted to determine what criteria were used for evaluating psychological child-related information and how they were applied. Eight argument themes were identified in the reasoning of the courts: (1) ability to perceive, remember, and communicate about experiences in a reliable way; (2) influence before first forensic interview; (3) influence during forensic interview/s; (4) motives for disclosing/retracting; (5) statement characteristics; (6) disclosure process; (7) behaviour and/or emotions related to investigations/interviews; and (8) psychological symptoms. The arguing of the courts was classified as belonging to one of three categories for each argument theme: (1) supporting/challenging the allegations; (2) opposing a conceivably supportive/challenging argument; and (3) indifferent. In six of the nine cases, arguments belonging to the same theme were presented in both court proceedings. Diametrically opposite conclusions were reached in 15 of 20 of these examples and same conclusion in one case. The evaluation method/s seemingly underlying the child psychological arguments of the courts may have a low reliability. Copyright © 2009 John Wiley & Sons, Ltd. [source] Citizenship and the Biopolitics of Post-nationalist IrelandJOURNAL OF LAW AND SOCIETY, Issue 3 2005John A. Harrington In June 2004 voters in the Republic of Ireland endorsed a constitutional amendment to deprive children born on the island of Ireland of their previously automatic right to Irish citizenship. This change came amid increasing immigration and so-called ,baby tourism', whereby non-national mothers were alleged to be coming to Ireland to give birth for the sole purpose of bestowing Irish citizenship on their children. This article sets the referendum in its historical and contemporary context. Along with recent jurisprudence of the Irish Supreme Court, the amendment betokens a distinctive biopolitics orchestrated according to neo-liberal themes consonant with Ireland's membership of the European Union and its foreign direct investment strategy. As such, the amendment confirms the shift in Irish constitutional history from autarkic nationalism to cosmopolitan post-nationalism embodied in the Belfast Agreement of 1998. [source] Judicial Review of Politics: The Israeli CaseJOURNAL OF LAW AND SOCIETY, Issue 4 2002Daphne Barak In the tradition of studies questioning the impact of celebrated court rulings, this article discusses the effectiveness of the judicial review of politics conducted by the Israeli Supreme Court. The Israeli Supreme Court is generally viewed as a highly influential, almost omnipotent body. During the last two decades, the Court has intervened repeatedly in the so,called political domain, thereby progressively eroding the scope of realms considered non,justiciable. It has ventured to enter domains of ,pure' political power to review the legality of political agreements, political appointments (appointments of political allies to public positions), and political allocations (government funding to organizations affiliated with its political supporters). The prevalent perception is that these developments had a significant impact on Israeli political life. The present article challenges this view and argues that, on closer scrutiny, the influence of the Court on many of the issues reviewed here is negligible. First, many of the doctrines developed by the Court in order to review political measures proved ineffective. Usually, when the Supreme Court (acting as a High Court of Justice) engages in judicial review, it lacks the evidence needed in order to decide that administrative decisions on public appointments or public funding should be abolished because they were based on political or self,serving considerations. Second, the norms mandated by the Court hardly influence politicians' decisions in everyday life, and are applied only in contested cases. The reasons for this situation are not only legal but also socio,political. Large sections of current Israeli society support interest,group politics and do not accept the values that inspire the Court. [source] Language rights in Indigenous communities: The case of the Inuit of Arctic Québec1JOURNAL OF SOCIOLINGUISTICS, Issue 3 2005Donna Patrick Despite the rise of language rights, it is not clear whether the granting of rights to Indigenous and minority groups has any direct effect on the ability of these groups to revitalize and maintain their languages. This paper offers an analysis of macro-level rights discourse in Canada, drawing on certain Supreme Court of Canada decisions regarding Francophone-minority and Aboriginal peoples. It then traces certain consequences of the granting of Indigenous language rights for Indigenous language instruction and maintenance, focusing on the Inuit in the Arctic Québec region of Nunavik. [source] Beginning to Write Separately: The Origins and Development of Concurring Judicial OpinionsJOURNAL OF SUPREME COURT HISTORY, Issue 2 2010CHARLES C. TURNER Introduction While political scientists and legal academics have both evinced a "fascination with disagreement on courts,"1 this scholarly concentration on conflict rather than consensus has tended to focus on dissent and dissenting opinions. As far as we can tell, there is no authoritative history of concurring opinions in the U.S. Supreme Court. This article is a first effort to correct that oversight by examining developments and change in concurring behavior from the founding through the White Court (1921). This period covers the emergence of an institutionally independent national judicial branch and ends before the start of the modern, policy-making Court era, which we argue begins with the Taft Court and the creation of a fully discretionary docket. [source] A Look Back at the,Dred Scott,DecisionJOURNAL OF SUPREME COURT HISTORY, Issue 2 2010STEPHEN G. BREYER Thank you for inviting me to deliver the 2009 Annual Lecture of the Supreme Court Historical Society. I am a great admirer of the Society's commitment to preserving the history of the Supreme Court and to increasing the public's awareness of the Court's contributions to our nation's history. [source] Clerking for Justice SouterJOURNAL OF SUPREME COURT HISTORY, Issue 1 2010HEATHER GERKEN Adam Gopnik once observed that "Paris is a struggle between its pompous official culture and its matchless , commonplace civilization." The aphorism applies even more clearly to the Supreme Court. It is an institution cloaked in formality, from the ceremonies of First Monday to the grand generalities it invokes in its ruling. It is also an institution that takes itself extremely seriously, with its strongest opinions penned when it thinks another institution,Congress in passing Commerce Clause legislation or the Religious Freedom Restoration Act, the Florida supreme court during,Bush v. Gore,is treading on the Court's privileges. The Court's pompous officious culture contributes to the studied cynicism lawyers exhibit whenever they talk about judges. [source] Swift,and,Erie: The Trials of an Ephemeral Landmark CaseJOURNAL OF SUPREME COURT HISTORY, Issue 3 2009TONY A. FREYER Like jazz improvisation, the meaning of,Swift v. Tyson,was elusive.1 Justice Joseph Story's 1842 opinion concerning an important commercial-law issue arose from a jury trial.2 When the creditor plaintiff appealed, counsel for the winning debtor raised as a defense Section 34 of the 1789 Judiciary Act. The federal circuit court disagreed about the standing of commercial law under Section 34. Although profound conflicts otherwise divided nationalist and states'-rights proponents, the Supreme Court endorsed Story's commercial-law opinion unanimously.3 New members of the Court and the increasing number of federal lower-court judges steadily transformed the,Swift,doctrine; after the Civil War it agitated the federal judiciary, elite lawyers, and Congress.4 Asserting contrary tenets of American constitutionalism, the Supreme Court overturned the ninety-six-year-old precedent in,Erie Railroad v. Tompkins,(1938).5 The,Swift,doctrine's resonance with changing times was forgotten. The Court and the legal profession established, transformed, and abandoned the doctrine though an adversarial process and judicial instrumentalism. Although the policy of each decision reflected its time, Story's opinion was more consistent with the federalism of the early Constitution than was,Erie.6 [source] Henry Clay and the Supreme CourtJOURNAL OF SUPREME COURT HISTORY, Issue 1 2009JEREMY M. MCLAUGHLIN [source] John Marshall Harlan's Political MemoirJOURNAL OF SUPREME COURT HISTORY, Issue 3 2008PETER SCOTT CAMPBELL Near the end of his life, John Marshall Harlan wrote a number of biographical essays, presumably at the request of his children. Most of the essays relate to his experiences in the Civil War. The essay reprinted here instead recounts Harlan's political career before he joined the Supreme Court. Although he rarely won any elections and only held a couple of offices, Harlan's political odyssey is significant in that it shows how his social views were formed. Harlan's transformation from a staunch anti-abolitionist to a civil-rights advocate can be viewed as a series of reactions against various opponents as he struggled to find his political identity after the collapse of the Whig party in the 1850s. [source] The Gilded Age and the Supreme Court: An OverviewJOURNAL OF SUPREME COURT HISTORY, Issue 2 2008JAMES O'HARA [source] Melancholy Justice: Samuel Freeman Miller and the Supreme Court during the Gilded AgeJOURNAL OF SUPREME COURT HISTORY, Issue 2 2008MICHAEL A. ROSS [source] Here Lies the Supreme Court: RevisitedJOURNAL OF SUPREME COURT HISTORY, Issue 1 2008GEORGE A. CHRISTENSEN Show me the manner in which a nation or community cares for its dead and I will measure with mathematical exactness the tender sympathies of its people, their respect for the laws of the land, and their loyalty to high ideals. ,William Ewart Gladstone [source] The Influence of the Dartmouth College Case on the American Law of Educational CharitiesJOURNAL OF SUPREME COURT HISTORY, Issue 1 2007ELIZABETH BRAND MONROE One of the important features of American history has been the availability of higher education. Religious toleration, low capitalization costs, few educational impediments, public interest and commitment, and ready corporate status made the foundation of colleges and universities a common event in early nineteenth-century America.1 By the time of the Revolution Americans had founded ten colleges; by 1800, twenty-four; by 1820, thirty-eight; and by the Civil War, 232, of which 104 have survived.2 Although the earliest colleges had religious affiliations, with the founding of the University of Georgia in 1785, states also began providing directly for higher education. But the creation of these institutions led to disputes within them over curricula and governance. How the U.S. Supreme Court dealt with a seemingly minor political dispute involving the governance of a small New Hampshire college would determine not only that college's relationship to state and federal government, but also that of all other corporations.3 [source] The Public Response to Controversial Supreme Court Decisions: The Insular CasesJOURNAL OF SUPREME COURT HISTORY, Issue 3 2005BARTHOLOMEW H. SPARROW In the Insular Cases, the Supreme Court established a new category of areas and persons coming under the sovereignty of the United States. Added to (1) the member states of the Union and (2) the existing territories (and states to be), was (3) territory "belonging to" the United States, but not a part of it. Justice Edward White proposed this doctrine,that territories were of two types, "incorporated" territories, those fit to be states, and non-incorporated territories, to be the property of the United States,in his concurring opinion in Downes v. Bidwell.1 Congress could govern these latter territories as it wished, subject to "fundamental" protections under the Constitution, those protecting individual liberties rather than those granting political participation. [source] Courtroom to Classroom: Justice Harlan's Lectures at George Washington University Law SchoolJOURNAL OF SUPREME COURT HISTORY, Issue 3 2005ANDREW NOVAK John Marshall Harlan had a singularly successful legal career as an Associate Justice of the Supreme Court that spanned thirty-three years, from 1877 to 1911, one of the longest terms in history. For twenty-one of those years on the Court he also distinguished himself as a professor of constitutional law at George Washington University. Along with his colleague on the Bench and on the faculty, Associate Justice David J. Brewer, Harlan carried a full course load, teaching just about every subject: evidence, torts, property law, corporation law, commercial law, international law, and his specialty, constitutional law. [source] A New Right to Property: Civil War Confiscation in the Reconstruction Supreme CourtJOURNAL OF SUPREME COURT HISTORY, Issue 3 2004DANIEL W. HAMILTON During the Civil War, both the Union Congress and the Confederate Congress put in place sweeping confiscation programs designed to seize the private property of enemy citizens on a massive scale. Meeting in special session in August 1861, the U.S. Congress passed the First Confiscation Act, authorizing the federal government to seize the property of those participating directly in the rebellion.1 The Confederate Congress retaliated on August 30, 1861, passing the Sequestration Act.2 This law authorized the Confederate government to forever seize the real and personal property of "alien enemies," a term that included every U.S. citizen and all those living in the Confederacy who remained loyal to the Union. [source] | ||||||||||||||||||||||||||||||||||