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Supreme Court — Part 24
Page 55
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Tot ke Sa oe Say Rosen
Extraneous Court References. 2 as Tons
e ‘ rotter
Le IN THE controvery that in Pule were “atherwine eéunval, te determine whother vial Nease
“arising wt the@Supr would be rendereg helpless they cay ip based upon soun Tele. Room
Cou ep. Wright Pate bDeeanune thelr arguments gcholarship or js propaganda Holloman —_._
er texas ae ralsed a ceeded -would become diluted heavily for. cause?. Representative Gand
‘nent question, : with extraneous miscellane- Fatman makes the point thet ancy
“namely, that ‘pus matter designed to over. . important ecases,. the
_ instead of bas- come fhe various thearles ad- Statioka one from the Har
ing decisions eee dy the inhbylats , Pot (vara Law Review and the ath- \ WwW
Lupon briefs # at legal authorities.” erfram the Vale Law Jour.
submitted by However, whatever the Su- inal, bore no signatures, the
litigants, the reme Court says ecomes Hauthors of the material being F']
court briefs it- “eae (authoritative. - Therefore nonymous, . |;
self, using, at artiele published in a law re There ia gn iinnecesaa
times, materi- view could -become the basis element of surprise which
al not sub- for the law of the Jand once could cause am arriage of
znitten ta it co, : Mia Supreme Court justice justice.
alther | Sokelsky adopted it for a majority © Lawyers nding months
p ut sele opinion, even though the a preparing briefs, at enormous
y the cic hinmeott or by ticle in queation be writte en by expense to their clients, are
Liaw clerk who may intro-. @ second-year law student guddenly faced an article
e6 matter which, gceor ing whe hat not yet eut his eye- in a law Journal which nelther
‘ te Patman, oi eanreroenied f tee th. side may have read or noticed |
a an ponauthoritative” == | - DO THE justices always r considered w while. In
: ; ‘ act, f we know,
tie ‘In the law reviews? - Are may himself have written the
, Pa Pormesly we had evy those articles always signed? [anonymous article which fhe
sions by cur Supreme Court }{Do. the justices study the nw cites as authoritative. Hit
would be controlled by the }backgrounda of the men ‘!S 20t 4 safe practice. °.
standards outlined by the who Wrote “those | articles _ Gonna radical Wee ie
Constitution, the law, the | er Bode sy fe,
facts of the case and by the -
sound reasoning of the jus
tices. In the past, even
though we felt the court
‘had decided a case wrongly
we nevertheless felt that we ,
sould understand that the
court had a basis in the rec- 4 / /
ord ef the bearing in the Wash. Post and
ease for its decision..." °. = . ~~
The difficulty now arises ~ a Times Herald
from the fact that textbooks, Wash. News
iw reviews, propagan eo ae .« otar
material Em aris of Out Ga 2 Ze 72 LF N.Y Herald
groups sorts of out-; Ww" AT! Se .Y.
aide factors enter into the NOT RECORDED Tribune
maa says of thls that U the Ml OCT 7 1957 N.Y. Joumnal-
pourt In preparing its decl- American
dions sds material mr both _ N. Y. Mirror
i counsel on =
sides, neither side jas the ‘ y pally News
: epportunity “to mee ar. . Y. limes
ménts of these theorists, ;
; zee lobbylate.” = p's. ig Datly Worker
aa aed The Worker
‘ . TO QUOTE Patman:)- Patt
* .. The law review m . New Leader
facies, treatises, and 50 forth,
‘prepared cand
7 he's no standing as Date
‘egal authorities, and the OCT Y 957
pyeepresiag f
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