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Supreme Court — Part 25
Page 6
6 / 55
Mr, Boardmat
Nr. Belmon
Mr, Wobr
. :
‘, fi
These Days:
\
Court Guilty of te Ta
Unsafe Practice Mr. Nease___
Mr. Hollman —
By George E, Sokolsky — as!
ae. (NY Journal American, Oct, cane as
004 aoe a
bv
In the controversy that is arising over nee Supreme Court oD. Wright
—————
Patman of Texas has raised a pertinent question, namely, that instead of
J
using, at times, material not submitted to it
by the justice himself or by his law clerk, ,
The difficulty arises from the fact that text books, law reviews, |
propagandistic material from pressure groups and all sorts of cutside
factors enter into the formation of a. decision. Patman says of this that
the court in preparing its decisions uses material without notifying couns
ao
ind
He)
oz
neither sides has the opportunity
these theorists and lobbyists.Patman made an interesting observation in
regard to a study by the Librafy of Congress of Supreme Court antitrust
cases from 1890 to 1950, This study found that in no antitrust case prior
to 1940 had the Supreme Court cited as an authority a lawereview article,
upon which it relief for decision in the case. "However, the study has sh
that commencing in 1940 the influence of Law-review articles and of other
publications has grown steadily with the U.S. Supreme, Court in ite sonside
‘ Tt aan / - PY: aloe £7
tion and decision in antitrust cages,,.,
NOT RECORDED
.
Do the justices always know who wrote the articeld! Pat AL 8%, reviews?
Lawyers spending months prevaring briefs are Suddenly~Tatdd by ‘an » article
in a law Jo al which neither side may have read or noticed or considered
rd
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