…n to doubt her doubting. Doubting was good as long as it didn't lead to breaking with the rituals--as it didn't in her case. Or so she believed
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… to assign the opinion to one of the three judges on a panel (or nine when on rare occasions the entire court heard the case “en banc”). Following the oral argument
we would meet with the judge and he would tell us which clerk was to work on the opinion. I always got the interesting cases (at least the ones that interested the judge). My co-clerk
” “Andrew Jackson” and “Oliver Wendell Holmes.” That’s what Mr. Morgan thought too. The only problem was he wasn’t a lawyer and that wasn’t his name! He was an uneducated
… I tried to follow in his large footsteps but I’m not sure I ever made as good an oral argument as he did in the Morgan case. It was quite a way to begin my career as a law clerk.
I saw it as an opportunity to use my law school background in psychiatry and law—I was working on a casebook with two of my law school professors on “Psychoanalysis
judges and professors and was the basis for the judge’s instructions to the jury in the pick pocketing case. I found it highly questionable
teaching the students about international tribunals and treaties. The source of problems confronted today are not decided by international law or international courts. They are transnational
but the meaning of these words has undergone dramatic transformation over the past half century. The major reason has been the rapid change in the manner by which speech is transmitted. Technology has altered the sound and look of freedom of expression.
who was the general secretary of the Socialist Party in Philadelphia. In 1917 a jury found Schenck guilty of attempting to cause insubordination among soldiers who had been drafted to fight in the First World War. He had circulated leaflets urging draftees not to “submit to inti...
…es would not have to view the film. Judge Aldrich immediately interjected: “Are you trying to bribe us to decide the case so we don’t have to see the film?...I will admit that’s the best bribe I have ever been offered.”
…ers came forward and volunteered their assistance. It also generated numerous other stories—presenting our side of the case.
the District Attorney decided to arrest Stork and Hagen. The Deep Throat case was so important to Droney that he pulled one state detective off a murder investigation to watch the film and make the arrest.
and despite the Supreme Court’s continued insistence—most recently in the violent video games case—that “obscenity” is not protected by the First Amendment
the lead defense lawyer—William Kunstler—was held in contempt of court and sentenced to four years imprisonment. I was part of the legal team assembled to prepare the appeal of that contempt order. We won.