Wallace B Mendelson
Biographic Data
| ID | 4451152 |
|---|---|
| NAME | Wallace B Mendelson |
| GIVEN NAMES | Wallace B |
| FAMILY NAME | Mendelson |
| SIGNATURE | MENDELSON W B |
| AFFILIATIONS | The University of Texas at Austin |
| VERIFIED | No |
| TOTAL WORKS | 43 |
| TOTAL CITATIONS | 28 |
| AUTHOR COUNT | 43 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1947 |
| LATEST PUBLICATION YEAR | 1996 |
| H-INDEX | 3 |
John Marshall and the Sugar Trust--A Reply to Professor Gillman
In a revisionist effort Howard Gillman finds that Chief Justice Marshall despite his and the Founders' widely recognized concern for national in terests--was in fact responsible for the Knight states-rights disaster in 1895. In my view nothing Marshall said or did supports the revisionist view- indeed much of what he said and did repudiates it. I suggest that dual federalism, the doctrine on which Knight turns, was a concoction of the plantation …
Nullification via Dual Federalism
Nullification via Dual Federalism A Second Response to Professor Gillman
Marshall indicated [in Gibbons] that in his view, congressional power to regulate 'commercial intercourse' extended to all activity having any in terstate impact-however indirect." Lawrence R Tribe
John Marshall and the Sugar Trust. A Reply to Professor Gillman
Ninth Amendment Rights and Wrongs—A Note on Noninterpretism
Journal Article Ninth Amendment Rights and Wrongs—A Note on Noninterpretism Get access Wallace Mendelson Wallace Mendelson WALLACE MENDELSON, author of scores of articles on public law problems, is professor emeritus in the department of government at the University of Texas at Austin. Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 110, Issue 3, Fall 1995, Pages 405–415, https://doi.or…
Sex and the Singular Constitution
We are not free to vote abortion up or down because Roe v. Wade in 1973 made “freedom of choice” a basic constitutional right. Last June in the Casey case only two members of the Supreme Court upheld Roe unequivocally. Three others sustained it, but only on grounds of precedent. This suggests that, had they been writing on a clean slate, at least one of them might have joined the four dissenters to form a new majority. Even this anemic victory fo…
Bootstraps v. Evidence
Bootstraps v. Evidence
1 PROFESSOR MELONE insists that those who gave us Article I, Section 10 intended the word contracts to mean only private * contracts. That would be like using the word persons to mean only men or like using the term freedom of speech to mean only freedom of state-approved speech (see Gitlow and Dennis). Surely the burden of proof must fall on those who charge the Founders with using a crucial word in such an unnatural, unprecedented, misleading w…
B. F. Wright on the Contract Clause
B. F. Wright On the Contract Clause
ENJAMIN WRIGHT has been called our foremost authority on the contract clause. For nearly half a century his book, The Contract Clause of the Constitution (1938), has been cited endlessly as a difinitive work. No doubt in general it reflects a high order of scholarship. The present purpose, however, is to suggest it is flawed particularly in its treatment of the Supreme Court's early contract-clause decisions. The essence of this charge is that Mr…
A Note on the Cause and Cure of the Fourteenth Amendment
Fair Game? Inequality and Affirmative Action
A Response to Professor Goldman
Mr. Justice Douglas and Government by the Judiciary
Hyperactive children as adolescents
Crime, Dissent, and the Attorney General
From Warren to Burger
Substantive due process is the classic, if temporary, achievement of judicial activism. The Roosevelt Court destroyed it out of respect for the democratic processes. Mr. Justice Black's "incorporation" ploy was calculated to forestall backsliding by equating the Fourteenth Amendment with the Bill of Rights. But the Bill of Rights, after all, is quite old fashioned. It does not cover many matters deemed crucial in our day, e.g., poverty. To fill t…
Hugo Black and Judicial Discretion
eration few would deny. That he is a master advocate seems equally clear. Few, perhaps not even Brandeis, can match him in the mounting of an argument. But is he a great judge? Many, of course, insist that he is. This view comes easily, if one is a liberal humanitarian-caring only for the policy outcome of a case (and willing to ignore many of Mr. Justice Black's recent results). Those, however-whether liberal or conservative-who care about metho…
Law and the Development of Nations
The End of Obscenity
Journal Article The End of Obscenity: The Trials of Lady Chatterley, Tropic of Cancer and Fanny Hill. By Charles Rembar. (New York: Random House, 1968. xii + 528 pp. Table, notes, appendix, and index. $8.95.) Get access Wallace Mendelson Wallace Mendelson University of Texas, Austin Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 55, Issue 3, December 1968, Pages 690–691, https://doi.or…
Felix Frankfurter
An Open Letter to Professor Spaeth and his Jurimetrical Colleagues
Professional Conferences
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Response by Professor Mendelson
The Untroubled World of Jurimetrics
The Neo-Behavioral Approach to the Judicial Process
A generation ago "legal realists" led by Jerome Frank and Karl Llewellyn dismissed law as a myth-a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with wha…
The Untroubled World of Jurimetrics
From Warren to Burger
Substantive due process is the classic, if temporary, achievement of judicial activism. The Roosevelt Court destroyed it out of respect for the democratic processes. Mr. Justice Black's "incorporation" ploy was calculated to forestall backsliding by equating the Fourteenth Amendment with the Bill of Rights. But the Bill of Rights, after all, is quite old fashioned. It does not cover many matters deemed crucial in our day, e.g., poverty. To fill t…
Mr. Justice Douglas and Government by the Judiciary
Law and the Development of Nations
B. F. Wright on the Contract Clause
A Note on a Famous Legal Footnote
Discrimination
Mr. Justice Frankfurter on Administrative Law
The Degradation of the Clear and Present Danger Rule
Sectional Politics and the Rise of Judicial Supremacy
The Constitutional World of Mr. Justice Frankfurter. S. J. Konefsky
Justices Black and Frankfurter
Mr. Justice Sutherland. Joel F. Paschal
Federal Administrative Law
The Degradation of the Clear and Present Danger Rule
A Reply to Professor Beth
The Right to Counsel in American Courts. William M. Beaney
The Court Must Not be Curbed; A Reply to Mr. Byrnes
Mr. Justice Frankfurter on Administrative Law
The Supreme Court
Justice William Johnson. The First Dissenter
Journal Article Justice William Johnson. The First Dissenter. Justice Musmanno Dissents. Justice Reed and the First Amendment. The Religion Clauses. The Supreme Court in Modern Role. The Supreme Court from Taft to Warren. The Constitution and the Supreme Court Get access Morgan D. G.Justice William Johnson. The First Dissenter. Columbia: University of South Carolina Press, 1954. Pp. xv, 326.Musmanno M. A.Justice Musmanno Dissents. (With an Introd…
Justices Black and Frankfurter
On Mendelson on Conflict
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A Note on a Famous Legal Footnote
Neo-Behavioralism—A Rebuttal
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Discrimination
The Neo-Behavioral Approach to the Judicial Process
A generation ago "legal realists" led by Jerome Frank and Karl Llewellyn dismissed law as a myth-a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with wha…
Response by Professor Mendelson
The Untroubled World of Jurimetrics
Professional Conferences
An abstract is not available for this content so a preview has been provided. As you have access to this content, a full PDF is available via the ‘Save PDF’ action button
Felix Frankfurter
An Open Letter to Professor Spaeth and his Jurimetrical Colleagues
The End of Obscenity
Journal Article The End of Obscenity: The Trials of Lady Chatterley, Tropic of Cancer and Fanny Hill. By Charles Rembar. (New York: Random House, 1968. xii + 528 pp. Table, notes, appendix, and index. $8.95.) Get access Wallace Mendelson Wallace Mendelson University of Texas, Austin Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 55, Issue 3, December 1968, Pages 690–691, https://doi.or…
Hugo Black and Judicial Discretion
eration few would deny. That he is a master advocate seems equally clear. Few, perhaps not even Brandeis, can match him in the mounting of an argument. But is he a great judge? Many, of course, insist that he is. This view comes easily, if one is a liberal humanitarian-caring only for the policy outcome of a case (and willing to ignore many of Mr. Justice Black's recent results). Those, however-whether liberal or conservative-who care about metho…
Political science (37 works) · Law (34 works) · Law (25 works) · Politics (24 works) · Computer Science (17 works) · Judicial and Constitutional Studies (13 works) · Philosophy (13 works) · American Constitutional Law and Politics (12 works) · Law and economics (12 works) · Sociology (12 works)