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The Special Competence of the Supreme Court (with Walton H. Hamilton), 50 Yale Law Journal 1319 (1941)


IT is a fact of which the laity may take public notice that the United States Supreme Court has experienced a revolution. Evidence of an unstable period abounds- forms loose their hold, jurists are released from conformity to rigid behavior patterns, a radical probing goes through matters-taken-for-granted to the roots of things. The group who deplored the Old Court, dominated by the Four Horsemen plus Hughes and/or Roberts, view the result with a satisfaction that calls for little support in analysis. The group to whom once the Supreme Court could do no wrong, are shocked by a bench of new men betraying the vested interests which it is their very office to conserve. In contemplation of gross result, the nature of the institution, the technology by which it carries on, and its changing discretion in the pattern of public control are likely to be overlooked.

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