Judicial history

The series of anti-federalist writing which most nearly paralleled and confronted The Federalist was a series of sixteen essays published in the New York Journal from October, 1787, through April, 1788, during the same period The Federalist was appearing in New York newspapers, under the pseudonym…

In his opinion, Chief Justice John Marshall held that the provision of the Judiciary Act of 1789, which allowed Marbury to bring his case to the Supreme Court, was unconstitutional because it extended the Court’s original jurisdiction beyond what Article III, Section 2, had established. Marshall…

<p><span class="deck"> <span class="typestyle"> Did the President, as he claimed, lose a battle but win a war in his attempt to pack the Supreme Court? Historical perspective suggests another answer</span> </span></p>

<p>The law was against the poor printer. The governor wanted his scalp. His attorneys were disbarred. Could anything save him—and free speech?</p>

<p><span class="deck"> <span class="typestyle"> One morning Cadet Johnson Whittaker was found battered and bleeding, trussed to his barracks bed. Who had done it, and why?</span> </span></p>

<p><span class="deck"> <span class="typestyle"> Three Centuries of Divorce, American Style</span> </span></p>

<p><span class="deck">When one weary woman refused to be harassed out of her seat in the bus, the whole shaky edifice of Jim Crow began to totter</span></p>

<p><span class="deck"><span class="typestyle">Behind-the-scenes records reveal how the Supreme Court reached its fateful desegregation decisions</span> </span></p>

<p>Caught between two cultures, a young Sioux sought to make himself a hero—by killing an army officer</p>

<p>She was, said Governor Winthrop, an American Jezebel</p>

<p>Was there really a conspiracy to burn the town?</p>

<p>There are over 3,000 county courthouse across the country -- staunch hometown symbols of our faith in our ability to govern ourselves</p>

<p><span class="deck"> <span class="typestyle"> The Curious World of the Trademark</span> </span></p>

<p><span class="deck"> <span class="typestyle"> A century ago a President’s murderer went on trial for the first time in our history. The issues raised then continue to trouble us.</span> </span></p>

<p><span class="deck"><span class="typestyle">—More than a century ago, the city of St. Louis enacted a well-thought-out plan to legalize vice. What went wrong? Everything</span> . </span></p>

<p><span class="deck"> <span class="typestyle"> The Supreme Court says the First Amendment gives newspapers the right to denounce the government, advocate revolution, attack public figures, and even be wrong. This may not be nice—but those who understand the strengths of a republic wouldn’t have it any other way.</span> </span></p>

<p><span class="deck"> <span class="typestyle"> Americans don’t hesitate to say anything they please about a public performance. But the right to do so wasn’t established until the Cherry Sisters sued a critic who didn’t like their appalling vaudeville act.</span> </span></p>

<p><span class="deck"> <span class="typestyle"> Eight generations back, the author discovered a forebear hanging on the family tree</span> </span></p>

<p><span class="deck">For this crime, she was arrested, held, indicted, and put on trial. Judge Hunt presided.</span></p>

<p>Fascinating legal cases such as <em>Hawkins v. McGee</em> are known to lawyers across the land, and to almost nobody else.</p>

<p><span class="deck">When Elsie Parrish was fired, her fight for justice led to dramatic changes in the nation’s highest court.</span></p>

<p><span class="deck">This is not a test. It’s the real thing.</span></p>

<p><span class="deck">Up until the last century in some parts of the country, a murderer’s guilt could legally be determined by what happened when he or she touched the victim’s corpse.</span></p>

<p><span class="deck"> Of the thousands of American soldiers court-martialed for desertion in World War II, Eddie Slovik was the only one put to death. One of the judges who convicted him looks back with regret.</span> </p>

<p><span class="deck">While the American Revolution was still being fought, Mum Bett declared that the new nation’s principle of liberty must extend to her, too. It took 80 years and a far-more-terrible war to confirm the rights that she had demanded.</span></p>

<p>It has always been politics as usual.</p>

<p>Justice served nearly 50 years ago in a wrecked German city still casts its light and shadow over much of the world.</p>

<p><span class="deck">Why litigiousness Is a national character trait</span></p>

<p><span class="deck">You’ve probably never heard of them, but these ten people changed your life. Each of them is a big reason why your world today is so different from anyone’s world in 1954.</span></p>

<p><span class="deck">Is trial by jury the essential underpinning of our system of justice or, as more and more critics charge, a relic so flawed that it should perhaps even be abolished? An experienced trial judge examines the historical evidence in the case.</span></p>

<p><span class="deck">“GOOD FENCES MAKE GOOD NEIGHBORS,” wrote Robert Frost. But he may have been closer to the mark with another line: “Something there is that doesn’t love a wall.”</span></p>

<p><span class="deck">He was a Northerner. He was an industrialist. He was a Jew. And a young girl was murdered in his factory.</span></p>

<p><span class="deck">Can it be fair? Humane? Does it deter crime? These very current questions troubled Americans just as much in the day of the Salem witch trials as in the day of Timothy McVeigh.</span></p>

<p><span class="deck">As the 2000 election made very clear, we are torn between revering judges and despising them. It’s in the nature of the job.</span></p>

<p><span class="deck"> Neither the Constitution nor the laws but John Marshall made the Court Supreme</span> </p>