Exploring the Judicial Philosophy and Intellectual Independence of John Marshall Harlan I: A Temporal Examination across Three Chief Justices (original) (raw)

Waite fulfilled the responsibilities of managerial, intellectual, and social leadership during his tenure as Chief Justice; second, provides the results from a quantitative analysis of all Supreme Court decisions during the Waite era; third, presents a qualitative analysis of those cases in which Justice Harlan and Chief Justice Waite recorded divergent opinions; and fourth, reviews Justice Harlan's contributions to Strauder v. West Virginia vi and the Civil Rights Cases. vii Part III, first, discusses the extent to which Chief Justice Fuller fulfilled the responsibilities of managerial, intellectual, and social leadership during his tenure as Chief Justice; second, provides the results from a quantitative analysis of all Supreme Court decisions during the Fuller era; third, presents a qualitative analysis of those cases in which Justice Harlan and Chief Justice Fuller recorded divergent opinions; and fourth, reviews Justice Harlan's contributions to Fong Yue Ting v. United States viii and Plessy v. Ferguson. ix Part IV, first, discusses the extent to which Chief Justice White fulfilled the responsibilities of managerial, intellectual, and social leadership during his career as Chief Justice; second, provides the results from a quantitative analysis of all Supreme Court decisions during the White era; third, presents a qualitative analysis of those cases in which Justice Harlan and Chief Justice White recorded divergent opinions; and fourth, reviews Justice Harlan's contribution to Standard Oil Company v. United States. x Part V concludes that Justice Harlan's judicial philosophy remained independent throughout his term on the Court and that the Chief Justices with whom he served likely had little influence on his decisionmaking.