Word: harlan
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...Amorphous & Far-Reaching." To Justice John Harlan, the last part of Douglas' argument was dubious. "This decision is more the product of human impulses, which I fully share, than of solid constitutional thinking," he said in dissent. He argued that the "public function" of privately established schools and privately established parks is clearly similar. If the majority thought that its decision left "unaffected the traditional view that the 14th Amendment does not compel private schools to adapt their admission policies to its requirements," said Harlan, he did not agree. He found it difficult "to avoid the conclusion that this...
...much for its profundity as for its terrific style and overwhelming argumentation. In fact, this is the first article I've ever read in a Harvard Review that is just plain fun reading, even if you aren't interested in the topic. For example: "Within the court itself, Justice Harlan looks on his colleagues' handiwork with all the enthusiasm of a nun who has caught less pious sisters smuggling men into the convent." And Frank's comment on Frankfurter's Baker v. Carr dissent...
...Stewart, a third-year student, will clerk for Associate Justice Potter Stewart (no relation), Margaret J. Corcoran '62 will work for Associate Justice Hugo L. Black, James Loken will serve as an aid to Associate Justice Byron R. White, and Burt Rein will clerk for Associate Justice John M. Harlan...
Matthew Nimetz, who graduated from the Law School last year, is now a clerk for Harlan and will spend next year in that position also...
...appeal from Massachusetts' ban on Fanny Hill, the enduring (1749) erotic bestseller that has been ruled non-obscene in New York. For the publisher, Lawyer Charles Rembar breezily announced: "I bring you a case in which it is not necessary to read the book." Commented Justice John M. Harlan: "Maybe I wasted my time reading it in advance." Undaunted, Rembar argued that all sorts of experts have long since attested to Fanny's social importance in "the development of the English novel." Publishers should not be saddled with conflicting state opinions, insisted Rembar...