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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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Prop2 Class 15 – Covenants II

October 8th, 2018

Today we will continue our discussion of covenants, and focus on Racially Restrictive Covenants (RRCs) with respect to Shelley v. Kraemer.

The lecture notes are here.

Here is the text of the 14th Amendment:

No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The 13th Amendment is the only Amendment to apply directly to individuals, and not the government:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

I have an album of photos of the house from Shelley v. Kraemer here:

This the intersection of Plumas St. and W. Plumb Lane in Reno, Nevada.


View Larger Map

This article explores some famous holdouts:

holdout-3

holdout-2

holdout-house

ConLaw Class 15 – Due Process Clause I

October 8th, 2018

The lecture notes are here.

Lochner v. New York

Standing on the right is Joseph Lochner.

joseph-lochner

Here are photographs of Lochner’s bakery in Utica, New York.

lochner-bakery

lochners-bakery

Here is the cover of a recent book aimed at rehabilitating Lochner, which depicts Justice Rufus Pekham, author of the majority opinion, knocking out Justice Oliver Wendell Holmes, author of the famous dissent.
rehabilitating-lochner

Through sleuthing at the Oneida County Clerk’s Office, I discovered this advertisement for Lochner’s bakery. According to the ad, Lochner’s Home Bakery “is one of the oldest and most reliable bakeries in Central New York. We pride ourself on Uniformity, Purity, Cleanliness.”

Advertisement for Lochner's Home Bakery - Harlan Institute for Constitutional Studies

Buchanan v. Warley

Here is a headline from April 10, 1917 after Buchanan was argued.

Muller v. Oregon

Here is the Lace House Laundry from Muller v. Oregon.

muller-oregon

Here are workers inside the Lace House Laundry, courtesy of the Oregon Historical Society.

Muller-workers

Adkins v. Children’s Hospital of District of Columbia

 

 

Prop2 Class 14: Covenants I

October 3rd, 2018

Today we will start covering Covenants.

The lecture notes are here.

This diagram may help explain the relationship between horizontal and vertical privity.

And here is a picture of the lovely Leicester Square from Tulk v. Moxhay.

This is the home at issue in Sandborn v. McLean.

corner-house

Here is a gas station in 1925. The price was $0.23/gallon. This roughly $3.03 in 2013 dollars.

gas-1925

In case you are curious, this graph charts the price of gas in the 20th Century.

Inflation Adjusted Gas Prices 1918-2012

Here is the layout of the Neponsit neighborhood.

map-neponsit

And here is a map of Neponsit, Queens. Neponsit means place between water–here Jamaica Bay and the Atlantic Ocean.


View Larger Map

ConLaw Class 14 – The Scope of the 14 Amendment II – Congress’s Enforcement Powers and the Equal Protection Clause

October 3rd, 2018

The lecture notes are here.

The Civil Rights Cases

The Grand Opera House in New York City, formerly known as Pike’s Opera House, was located on the Northwestf Corner of 8th Avenue and 23rd Street, in Chelsea. It was was shut down in 1960.

grand-opera

800px-Grand_Opera_House,_New_York,_from_Robert_N._Dennis_collection_of_stereoscopic_views_2

Maguire’s Opera House, formerly known as San Francisco Hall, was a three-story theater on Washington Street between Kearny and Montgomery in San Francisco.

maguires-opera-house

I was not able to find photographs of Nichol’s Inn in Jefferson City, MO, the Topeka Inn in Topeka, Kansas, or the Tennssee Parlor Car.

This is Justice John Marshall Harlan I, who authored the solo dissent in the Civil Rights Cases.

harlan

Plessy v. Ferguson

We actually do not have any confirmed photographs of Homer Plessy (there are some floating on the internet, but we aren’t sure if they are really him). Here is his grave.

Kunhardt Homer Plessy Grave

photo 2

This is  Adolph Plessy’s Birth Certificate from Orleans Parish, from 1863.

Plessy Birth Certificate

plessy-sign

This is Judge John J. Ferguson.

ferguson

Little Rock Nine Visuals - Judge Ferguson

This is an obituary for Judge Ferguson. It makes no reference of his role in the case of Plessy v. Ferguson.

Ferguson - Obituary - Positive

Here is a newspaper account from the Times Pacayune, June 9, 1892, with the headline, ” snuff-colored descendant of Ham kicks agains the ‘Jim Crow’ law.”

Yesterday afternoon at 4:15 o’clock private detecting C.C. Cain arrested from the East Louisiana [Homer] Adolph Plessy, a light mulatto, and locked him up in the Fifth Precinct station on a charge of violating section 2o of act 111 of the statute of 1890 relative to separate coaches. Detective Cain made an affidavit this morning against Plessey [sic] in the Second Recorder’s Court.

Capt. Cain, speaking of the circumstances of the arrest, stated that he and the conductor had ordered both the man from the white coach into the one set apart for colored people.  The negro refused to leave the coach, saying that he had bought his ticket and was going to ride to Covington.

Capt. Cain here told him he would either have to retire to the other coach or go to jail; to which the negro responded that he would sooner go to jail than leave the car, and he was accordingly arrested.

Previous to the arrest the conductor asked, “Are you are a colored man!”” “Yes,” was the answer. “Then,” said the conductor,” you will have to retire to the colored car.” The man refusing, Capt. Cain was invoked, and entering the car, he said to Plessy, “If you are colored you should go into the car set apart for your race. The law is plain and must be obeyed.”

The set upon which the affidavit is based is known as the “Jim Crow Car” bill, and in substance as follows.

“An act to promote the comfort of passengers on railway trains,” requiring all railway companies carrying passengers on their trains in this State to provide equal but separate accommodations for the white and colored races by providing separate coaches or compartments so as to secure separate accommodations, defining the duties of the offers of such railways, directing them to assign passengers to the coaches or compartments set aside for the use of the race to which such passengers belong, authorizing them to refuse to carry on their trains such passengers as may refuse to occupy the coaches or compartments to which he or she is assigned; to exonerate such railways company from blame or damage that might proceed from such refusal; to prescribe penalties for all violators of this act.”

On the 25th of May last, the Supreme Court rendered an opinion in a suit entitled “State of Louisiana Ex Rel W.C. Abbott v. A.W. Hicks, Judge et al, construed the law as not applying to interstate passengers and applying only to domestic passengers.

Plessy was arraigned before Judge Moulin this morning. He was represented by J.C. Walker, Esq. who waived examination on the part of his client, and the judge committed Plessy to the Criminal District Court under a bond of $500, which was signed and Plessy released.

Kunhardt Plessy In The Wrong Coach

 

Plessy boarded the East Louisiana Railroad Co. train at Press and Royal streets.

East-Louisana

Here is a photograph of the nearby West End station.

west-end

This is the order noting that Plessy’s counsel waved examination, and he was held on $500 bond. As the article suggests, Plessy posted bond, and was released.
Kunhardt Plessy Court Document 002

Here is an affidavit Plessy signed.

PVG-PlessyAffidavit

Judge Ferguson found that Louisiana could regulate railroad companies if they only operated in state boundaries. Plessy was ordered to pay a $300 fine.

Albion Tourgee´ represented Homer Plessy before the Supreme Court. He asked the Justices to imagine if they were black.

Tourgee

Here is the Supreme Court’s order affirming the decision of the Louisiana Supreme Court, noting the dissent of Justice Harlan.

plessy-scotus

And in a story almost too good to be true, descendants of Homer Plessy and John Ferguson have started a non-profit known as the Plessy and Ferguson Foundation. Here are Keith Plessy and Phoebe Ferguson. I’ve spoken on the phone to Keith Plessy.

Here is Plessy’s grand-nephew, Keith Plessy, standing at the site where his ancestor was arrested, Press and Royal streets.

plessy-standing

 

The 2018 Harlan Institute-ConSource Virtual Supreme Court

October 1st, 2018

The Harlan Institute and The Constitutional Sources Project (ConSource) announce their Seventh Annual Virtual Supreme Court Competition. This competition offers teams of two high school students the opportunity to research cutting-edge constitutional law, write persuasive appellate briefs, argue against other students through video chats, and try to persuade a panel of esteemed attorneys during oral argument that their side is correct. This year the competition focuses on Timbs v. State of Indiana.

The competition is endorsed by the Center for Civic Education’s We The People Competition:

“The Center for Civic Education is excited to endorse the Virtual Supreme Court Competition. The Competition is relevant for high school students studying the Constitution and Bill of Rights.”

-Robert Leming, Director, We the People Programs, Center for Civic Education

The Question

Resolved:  Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment?

The Rules

This competition has two stages, which mirror the process by which attorneys litigate cases. 

Stage One: The Briefing and Oral Arguments

A team of two students will be responsible for writing an appellate brief arguing for either the petitioner or the respondent, as well as completing an oral argument video. The brief and video will be due by February 22, 2019.You can see the winning briefs from 20132014201520162017, and 2018.


Stage Two: The Tournament

The Harlan Institute and ConSource will select the top teams supporting the Petitioner and Respondent, and seed them for the oral argument semifinals on March 23, 2019. All teams will compete in a virtual oral argument session over Google+ Hangout judged by staff members at the Harlan Institute and ConSource. Only teams that submit briefs that fully comply with all of the rules will be considered for oral argument. You can see the video from the 20132014201520162017 and 2018 competitions.

The final round of the Virtual Supreme Court Competition will be held in Washington, D.C. (In 2017 and 2018, the tournament was hosted at the Georgetown University Law Center Supreme Court Institute). The Harlan Institute and ConSource will sponsor the top two teams, and their teachers, for a trip to Washington, D.C. in April 2019 to debate in front of a panel of expert judges, including lawyers, university level debate champions, and legal scholars.

The Prizes

Grand Prize – The Solicitors General of FantasySCOTUS

The members of grand-prize winning team, the Solicitors General of FantasySCOTUS, and their teacher, will receive a free trip, including airfare and one night of hotel accommodations, to Washington, D.C. to attend the ConSource Constitution Day celebration in September 2019. This offer is open to U.S. residents only.

Second Prize

Members of the runner-up team will each receive an iPad Mini.

Third Prize

Members of the third and fourth place teams will each receive a $100 Amazon.com Giftcard.

Instructions

Ask your teacher to sign up your class on FantasySCOTUS (all High School students can participate), add an account, read the problem, and get started! Good luck.

Please send any questions to info@harlaninstitute.org or info@consource.org.