Word: harlan
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Dates: during 1960-1969
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Into the Freezer. In an 8-to-l decision, the Supreme Court saw things the State Department's way. Impairing the act of state doctrine, said the opinion written by John Marshall Harlan, "would work serious inroads on the maximum effectiveness of United States diplomacy." And preserving the doctrine intact, even when an expropriation violates international law, will best serve "both the national interest and progress toward the goal of establishing the rule of law among nations...
Robert G. McCloskey, professor of Government, said he leaned toward the viewpoint of Justice John M. Harlan who wrote the major dissenting opinion in the case. "I doubt," McCloskey said, "that you can make a very powerful historical case for the Court's decision...
Ready for Sponges. Principal agency for commercial arbitration in the U.S. is the nonprofit American Arbitration Association, founded in New York in 1926 with an imposing list of sponsors, including two future Chief Justices of the U.S., Charles Evans Hughes and Harlan Stone. With branch offices in 18 cities, the A.A.A. last year arbitrated nearly 1,000 commercial disputes. Several industries, including textiles, printing, rubber and shipping, maintain their own arbitration systems...
Supreme Court Watchers, devoted to a spectator sport even more decorous than cricket or chess-by-mail, broke out in a buzz of raised eyebrows last week. In a rare combination, liberal Justice William O. Douglas joined conservative John Marshall Harlan in a dissent against the rest of the Court. Their seven colleagues had reversed the Utah Supreme Court to reinstate a jury's award of $10,000 to injured Railroad Worker Claude Dennis. For Justice Douglas, it was the first time in many years that he had sided against such a jury award to an injured worker...
...claim because he had lost two fingers to frostbite while repairing track in subfreezing weather. Outdoorsman Douglas huffed that he saw no evidence of employer negligence "in a society where everyone is presumed to have enough sense 'to come in out of the rain.' " But Justice Harlan went further, to bring up a question which has divided the Court sharply: should the Supreme Court be taking such cases...