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NCJRS Abstract

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NCJ Number: 50107 Find in a Library
Title: JUDICIAL CRAFTSMANSHIP OR FIAT? DIRECT OVERTURN BY THE UNITED STATES SUPREME COURT
Author(s): H BALL
Corporate Author: Greenwood Publishing Group
United States of America
Date Published: 1978
Page Count: 174
Sponsoring Agency: Greenwood Publishing Group
Westport, CT 06881-5007
Mississippi State University
Starkville, MS 39762
Sale Source: Greenwood Publishing Group
88 Post Road West
P.O. Box 5007
Westport, CT 06881-5007
United States of America
Type: Historical Overview
Language: English
Country: United States of America
Annotation: THREE CASES IN WHICH THE U.S. SUPREME COURT OVERTURNED PREVIOUS DECISIONS ARE EXAMINED: A CHILD LABOR CASE, A RELIGIOUS FREEDOM CASE, AND A CASE CONCERNING THE RIGHTS OF UNIONS TO PICKET IN A SHOPPING CENTER.
Abstract: EACH OF THESE OVERTURNS OF PREVIOUS SUPREME COURT DECISIONS IS EXAMINED IN DETAIL TO ISOLATE THE INTERPLAY BETWEEN PERSONAL PREJUDICE AND LEGAL PRECEDENT. IN EACH INSTANCE THE SOCIAL PRESSURES UPON THE COURT AT TIME OF DECISION ARE SEEN AS STRONGLY INFLUENCING JUDICIAL REASONING. THE CHILD LABOR CASES ARE UNITED STATES V. DARBY LUMBER (1941), WHICH OVERTURNED HAMMER V. DAGENHARD (1918) AND EXTENDED THE PROTECTION OF CHILD LABOR LEGISLATION TO BUSINESSES WHICH WERE NOT ENGAGED IN INTERSTATE COMMERCE. THE RELIGIOUS FREEDOM CASES ARE WEST VIRGINIA V. BARNETTE (1943) AND MINERSVILLE V. GOBITIS (1940). BY 1943 THE COURT HAD BECOME AWARE OF THE LOGICAL CONSEQUENCES OF FORCING PEOPLE TO BEHAVE IN A CERTAIN WAY OPPOSED TO THEIR RELIGIOUS BELIEFS (IN THESE CASES, THE OPPOSITION OF JEHOVAH'S WITNESSES TO SALUTING THE FLAG OF AMERICA IN SCHOOLS). THE 1943 DECISIONS ARE CONTRASTED WITH THE 1940 DECISIONS AND ARE CALLED FAR MORE LOGICAL AND WELL-ROOTED IN GOOD LEGAL TRADITION. TWO LABOR CASES, THE 1968 LOGAN VALLEY SHOPPING CENTER CASE, AND THE 1976 HUDGEN CASE, ARE EXAMINED IN LIGHT OF SEVERAL OTHER CONFLICTING DECISIONS INVOLVING LABOR ACTIVITIES. IT IS SUGGESTED THAT LABOR LAW IS CURRENTLY SUBJECT TO THE SAME CONFLICTING SOCIAL PRESSURES WHICH CHARACTERIZED THE EARLIER CHILD LABOR AND RELIGIOUS FREEDOM CASES. THE FINAL CHAPTER DISCUSSES THE ELEMENTS OF A GOOD JUDICIAL DECISION, AND EMPHASIZES THE IMPORTANCE OF CAREFUL, IMPARTIAL JUDICIAL CRAFTSMANSHIP. EACH CHAPTER IS HEAVILY FOOTNOTED. (GLR)
Index Term(s): Behavioral and Social Sciences; Judicial decisions; Jurisprudence; US Supreme Court
Note: CONTRIBUTIONS IN POLITICAL SCIENCE, NUMBER 7
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50107

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