Tuesday, January 9, 2018

Davies on the Motions Practice and Homes of the Fuller Court

Ross E. Davies, George Mason University Antonin Scalia Law School, has posted Supreme Court Practice 1900: A Study of Turn-of -the-Century Appellate Procedure, Journal of Law 7 (2017): 33-46.  “In 1900 practice in the Supreme Court of the United States often involved direct dealings with individual Justices at their home offices. This paper sketches that aspect of appellate litigation at the turn of the century."  The article includes what Professor Davies aptly terms “Justice John Marshall Harlan’s rather chilling in-chambers opinion explaining his refusal to allow an appeal in a jury-and-race case.”