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Today in Supreme Court History
with Dan Schiavetta, Jr.
a.k.a. “captcrisis”
Today in Supreme Court History: February 17
Brown v. Mississippi , 297 U.S. 278 (decided February 17, 1936): confessions “extorted by brutality and violence” violated Due Process under Fourteenth Amendment (illiterate black men accused of killing white planter were “pre-hanged” to extort confessions; rope marks on their necks were visible at trial) Wesberry v. Sanders , 376 U.S. 1 (decided February 17, 1964): applies “one person, one vote” Equal Protection rule to House of Representatives and invalidates redistricting
captcrisis
2 hours ago1 min read
Today in Supreme Court History: February 16
Barron v. City of Baltimore , 32 U.S. 243 (decided February 16, 1833): Bill of Rights (here, the Fifth Amendment takings clause) applies only to federal action, not state (Barron could not get compensation for City’s modification of stream which silted up his wharf) (I suppose the Maryland constitution had no takings clause); abrogated by Fourteenth Amendment Fisher v. Hurst , 333 U.S. 147 (decided February 16, 1948): In Sipuel v. Board of Regents , 1948 (see January 12), the
captcrisis
2 hours ago2 min read
Today in Supreme Court History: February 15
Oakes v. Mase , 165 U.S. 363 (decided February 15, 1897): vacating judgment for engineer’s estate because negligence causing his death (a switch left open) was caused by conductor on another train who was a “fellow servant” (this was before the Federal Employers’ Liability Act was passed in 1908); Montana had a statute allowing corporate liability for acts of fellow servants but Court is bound by Montana Supreme Court’s ruling that statute violated state constitution Missouri
captcrisis
2 days ago2 min read
Today in Supreme Court History: February 14
Reynolds v. Atlantic Coast Line R.R. Co. , 336 U.S. 207 (decided February 14, 1949): failure to clear sugar cane plants from railbed (this was Alabama) which required brakeman to cross from caboose to seventh instead of to usual sixth car to give signal was not proximate cause of his falling to his death while crossing from sixth to seventh car Dobson v. Comm’r of Internal Revenue , 321 U.S. 231 (decided February 14, 1944): “Not every gain growing out of a transaction concern
captcrisis
4 days ago2 min read
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