Robert H. Jackson at the Nuremberg Trials, 1945-1946

Having been shipped to the European Theatre of War in October 1944 as one of thousands of infantry soldier replacements, Pvt. Moritz Fuchs was sent via Scotland, Omaha Beach and Belgium to the First Infantry Division: the Big Red One. Our 26th Regiment, 3rd Battalion, was fully involved east of Aachen in the Battle of the Huertgen Forest, where I was wounded on November 19th. Our whole squad was wiped out that day. Whitey Swarthout, our platoon leader who had been with the 1st Division since the African Campaign, was due for a prized thirty-day leave when he became the first soldier I saw get killed. Deadly shrapnel from the German 88 millimeter guns burst in the pine trees, spraying all over the ground.

Brown v. Board of Education II Law Clerks Roundtable

Here is the transcript of the May 18, 2005 roundtable discussion at the Jackson Center of Supreme Court law clerks Gordon B. Davidson, Daniel J. Meador, Earl E. Pollock, and E. Barrett Prettyman, Jr., who served on the Court at the time of the Brown II decision in 1955, moderated and introduced by John Q. Barrett. Although Robert H. Jackson died before the Brown II decision, his last law clerk, E. Barrett Prettyman continued to clerk for John Marshall Harlan, who succeeded Jackson on the Court. With the phrase "with all deliberate speed," Brown II dictated how the unanimous anti-segregation Brown I decision from the year before was to be implemented. Brown I was the last case that Robert H. Jackson was involved in before his death on October 9, 1954.

Changes in Treasury Tax Policy

Among the most controversial and vital problems of the coming years are those relating to taxation. Lawyers will further impair their already declining leadership if they fail to bring disinterested and intelligent influence to bear upon the economic and legal questions involved.

Should the Antitrust Laws Be Revised?

For forty years the United States has had a statue that appears to condemn every combination which restrains trade. Its general language might include almost any combination, trade association, or industry. But we have court decisions which make possible a plausible legal defense of almost any combination in restraint of trade. What business conduct the resulting law will really reach has become our major governmental mystery.

The Supreme Court and Interstate Barriers

These concise words have been a source of almost continuous litigation and vexation for the Supreme Court. The clause has been the focus of many of the most important conflicts between federal power and states' rights. It forms the warp into which theoreticians have woven strange designs of laissez faire and patterns to separate acts of commerce from antecedents such as production or mining and from subsequent acts such as distribution.

The Legacy of Robert H. Jackson

Robert H. Jackson was a country lawyer from upstate New York who rose to be an international advocate of distinguished accomplishment. He became one of the most famous trial lawyers in the Jamestown (N.Y.) area. As a young man he did not have the benefit of a college degree, but he did attend Albany Law School, which granted him a certificate in 1912. He was, without question, one of the most distinguished members of the United States Supreme Court and was one of the finest writers on the Court. He was also witty and wrote many witticisms which are still quoted by the Court.

Robert H. Jackson’s Oral Arguments Before the New York Court of Appeals

John Q. Barrett's article "Robert H. Jackson's Oral Arguments Before the New York Court of Appeals," appears in the Spring/Summer 2005 newsletter of the Historical Society of the Courts of the State of New York on pages 3 to 5.

The Lawyer; Leader or Mouthpiece?

I have come to regard many of the things about which we complain as symptoms of an underlying weakness in the position of the profession itself, and in its method of work, rather than as causes of weakness. If our associations, by and large, are inanimate, incoherent and unrepresentative, if it be true that our neighbors prefer to trust bankers rather than lawyers to settle their estates, if law makers are taking judicial functions away from lawyer-dominated courts and turning them over to lay tribunals, if misconduct by a few shysters can bring a whole profession into public contempt, should we not look deeper to see what keeps us from effective organization, what weakness makes us subject to invasion, why public opinion judges all lawyers by the worst instead of by the best?

Founders Day address at University of North Carolina

In this spirit let us examine our Constitution as a chart to control administration of our organized society. Our forefathers never expected finally to solve the social and economic problems of their own day, much less those of all days to come, in the 4500 words of the original instrument. The chief purpose was to devise mechanics and to create a form of political organization, so that questions as they arise might always be answered by a peaceful method, and by a democratic process.

Opinion on Exchange

In accordance with your request I have considered your constitutional and statutory authority to proceed by executive agreement with the British Government immediately to acquire for the United States certain off-shore naval and air bases in the Atlantic Ocean without awaiting the inevitable delays which would accompany the conclusion of a formal treaty.