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The Switch In Time That Saved Nine
"The switch in time that saved nine" is the phrase, originally a quip by humorist Cal Tinney, about what was perceived in 1937 as the sudden jurisprudential shift by Associate Justice Owen Roberts of the U.S. Supreme Court in the 1937 case '' West Coast Hotel Co. v. Parrish''. Conventional historical accounts portrayed the Court's majority opinion as a strategic political move to protect the Court's integrity and independence from President Franklin Roosevelt's court-reform bill (also known as the "court-packing plan"), but later historical evidence gives weight to Roberts' decision being made much earlier, before the bill's introduction. The term itself is a reference to the aphorism "a stitch in time saves nine", meaning that preventive maintenance before something breaks is less work than fixing that thing after it breaks. Conventional account Through the 1935–36 terms, Roberts had been the deciding vote in several 5–4 decisions invalidating New Deal legislation, c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis Brandeis
Louis Dembitz Brandeis (; November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939. Starting in 1890, he helped develop the " right to privacy" concept by writing a ''Harvard Law Review'' article of that title, and was thereby credited by legal scholar Roscoe Pound as having accomplished "nothing less than adding a chapter to our law." He was a leading figure in the antitrust movement at the turn of the century, particularly in his resistance to the monopolization of the New England railroad and advice to Woodrow Wilson as a candidate. In his books, articles and speeches, including ''Other People's Money and How the Bankers Use It'', and '' The Curse of Bigness'', he criticized the power of large banks, money trusts, powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He later became active i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cent ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Four
{{about, the legal term, the 2004 novel, The Rule of Four The rule of four is a US Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. It has the specific purpose to prevent a majority of the Court's members from controlling their docket. The rule of four is not required by the US Constitution, any law, or even the Court's own published rules. Rather, it is a custom that has been observed since the Court was given discretion on hearing appeals by the Judiciary Act of 1891, Judiciary Act of 1925, and the Supreme Court Case Selections Act of 1988. The "Rule of Four" has been explained by various Justices in judicial opinions throughout the years. For example, Justice Felix Frankfurter described the rule as follows: "The 'rule of four' is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the theory being that if four Justices find that a legal questi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Three Musketeers (Supreme Court)
The "Three Musketeers" was the nickname given to three liberal members during the 1932–37 terms of the United States Supreme Court, who generally supported the New Deal agenda of President Franklin Delano Roosevelt. They were Justices Louis Brandeis, Benjamin N. Cardozo, and Harlan Fiske Stone. They were opposed by the Four Horsemen, consisting of Justices James Clark McReynolds, George Sutherland, Willis Van Devanter, and Pierce Butler. Chief Justice Charles Evans Hughes and Justice Owen J. Roberts controlled the balance. Charles Evans Hughes often voted with the liberal wing while Owen J. Roberts voted with the conservatives. With the help of Roberts, the Four Horsemen maintained a majority in most of the decisions and struck down many New Deal laws as unconstitutional. Although the "Three Musketeers" were a bipartisan group, with Stone being a Republican, they were drawn together by their shared views on New Deal policies. During the 1935 term, the Four Horsemen would ofte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Willis Van Devanter
Willis Van Devanter (April 17, 1859 – February 8, 1941) was an American lawyer who served as an Associate Justice of the Supreme Court of the United States from 1911 to 1937. He was a staunch conservative and was regarded as a part of the Four Horsemen, the conservative block which dominated the Supreme Court during the 1930s. Early life Born in Marion, Indiana, to a family of Dutch Americans, he received a Bachelor of Laws from the Cincinnati Law School in 1881. He was a member of the Beta Theta Pi fraternity and the Knights of Pythias. Legal, political and state judicial careers In 1884, Van Devanter moved to the Wyoming Territory where he became the city attorney of Cheyenne. He served on a commission to revise the statutes of Wyoming Territory in 1886, and as a member of the territorial legislature in 1888. He also served as an attorney to the Wyoming Stock Growers Association during the Johnson County War, managing to strain the local courts' (and county's) budget a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Sutherland
George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also represented Utah in both houses of Congress. Born in Buckinghamshire, England, Sutherland and his family moved to the Utah Territory in the 1860s. After attending the University of Michigan Law School, Sutherland established a legal practice in Provo, Utah, and won election to the Utah State Senate. Sutherland won election to the United States House of Representatives in 1900 and to the United States Senate in 1905. In Congress, Sutherland supported several progressive policies but generally aligned with the party's conservative wing. He won re-election in 1911 but was defeated in the 1916 election by Democrat William H. King. Sutherland made up part of the " Four Horsemen", a group of conservative justices that often voted to strike down N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Clark McReynolds
James Clark McReynolds (February 3, 1862 – August 24, 1946) was an American lawyer and judge from Tennessee who served as United States Attorney General under President Woodrow Wilson and as an associate justice of the Supreme Court of the United States. He served on the Court from 1914 to his retirement in 1941. McReynolds is best known today for his sustained opposition to the domestic programs of President Franklin D. Roosevelt and his personality, which was widely viewed negatively and included documented elements of overt antisemitism and racism. See also thialternative link to the full paper, and the extensive quoted content under Further reading See also the four-part WNET-Thirteen.org video series to which these materials are attached, Born in Elkton, Kentucky, McReynolds practiced law in Tennessee after graduating from the University of Virginia School of Law. He served as the U.S. Assistant Attorney General during President Theodore Roosevelt's administration and bec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pierce Butler (justice)
Pierce Butler (March 17, 1866 – November 16, 1939) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1923 until his death in 1939. He was a staunch conservative and was regarded as a part of the Four Horsemen, the conservative bloc that dominated the Supreme Court during the 1930s. A devout Catholic, he was the sole dissenter in the later case '' Buck v. Bell'', though he did not write an opinion. Early life and education Butler was born in Northfield, Minnesota to Patrick and Mary Ann Butler. Born in a log cabin, he was the sixth of nine children. All but his sister lived to adulthood. His parents were Catholic immigrants from County Wicklow, Ireland, who had met in Galena, Illinois. They had left the same part of Ireland because of the Great Famine. Butler graduated from Carleton College, where he was a member of Phi Kappa Psi fraternity. He received both a degree in the arts and a degree in science. He then read ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lochner Era
The ''Lochner'' era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, '' Lochner v. New York''. The beginning of the era is usually marked earlier, with the Court's decision in ''Allgeyer v. Louisiana'' (1897), and its end marked forty years later in the case of '' West Coast Hotel Co. v. Parrish'' (1937), which overturned an earlier ''Lochner''-era decision. The Supreme Court during the ''Lochner'' era has been described as "play nga judicially activist but politically conservative role". The Court sometimes inv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minimum Wage
A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. Most countries had introduced minimum wage legislation by the end of the 20th century. Because minimum wages increase the cost of labor, companies often try to avoid minimum wage laws by using gig workers, by moving labor to locations with lower or nonexistent minimum wages, or by automating job functions. The movement for minimum wages was first motivated as a way to stop the exploitation of workers in sweatshops, by employers who were thought to have unfair bargaining power over them. Over time, minimum wages came to be seen as a way to help lower-income families. Modern national laws enforcing compulsory union membership which prescribed minimum wages for their members were first passed in New Zealand in 1894. Although minimum wage laws are now in effect in many jurisdictions, differences of opinion exist about the be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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