Books
Doctrine of Forum Non Conveniens as Applied in the Federal Courts in Matters of Admiralty
– Cornell Law Quarterly 35, no. 1 (Fall 1949).Excerpt: Courts and commentators, in dealing in the past three decades with the increasingly topical doctrine of forum non conveniens in the Federal courts, have sought support for their… More
Judge and Jury – Inconsistent Verdicts in the Federal Courts
– Harvard Law Review 63 (1950).Excerpt: A prior conflict among the circuit courts over whether to enter judgment of guilty on one count pursuant to a verdict which is necessarily inconsistent with a verdict of not guilty… More
The Original Understanding and the Segregation Decision
– Harvard Law Review 69, no. 1 (1955).Excerpt: Before setting out on the direct and noble march to the Court’s conclusion in the Segregation Cases, Chief Justice Warren took care to post a rear guard. The history of the… More
Chief Justice Warren and the Presidency
– New Republic (January 23, 1956).Ninety-Six Congressmen versus the Nine Justices
– New Republic (April 23, 1956).Strathearn S. S. Co. v. Dillon — An Unpublished Opinion by Mr. Justice Brandeis
– Harvard Law Review 69, no. 7 (May 1956).Excerpt: When in 1927 Augustus N. Hand was elevated from the district court, where he had already earned an enviable reputation, and began his great career on the United States Court of… More
Passion and Patience
– New Republic (November 12, 1956).The Unpublished Opinions of Mr. Justice Brandeis
– Harvard University Press, 1957.“The present volume makes it possible to understand, better than was ever before possible, the forces and methods within the Court that produce the decisions which make law for all of… More
Review of “Mr. Justice Holmes”
– Harvard Law Review 70 (April 1957).Book Review of Mr. Justice Holmes, edited by Allison Dunham and Philip B. Kurland (1956).
Review of “The Legacy of Holmes and Brandeis” and “The Brandeis Reader”
– New England Quarterly 30 (June 1957).Book Reviews of The Legacy of Holmes and Brandeis, by Samuel J. Konefsky (1956); and The Brandeis Reader, by Ervin H. Pollack (1956).
Eisenhower, Faubus, and the Court
– New Republic (September 30, 1957).Legislative Purpose and the Judicial Process: The Lincoln Mills Case
– with Harry H. Wellington; Harvard Law Review 71, no. 1 (November 1957).Abstract: Section 3o1 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts.… More
Mr. Justice Frankfurter at Seventy-Six
– New Republic (November 18, 1957).The Court: An Indictment Analyzed
– New York Times Magazine (April 27, 1958).Abstract: The American people have always had a consuming and not very sympathetic curiosity about confidential advisers to their high officers of government. The real or supposed influence… More
Judicial Restraint and the Bill of Rights
– New Republic (May 12, 1958).Inexplicable Document
– New Republic (September 29, 1958).Law and Reason
– New Republic (November 3, 1958).Review of “The Supreme Court from Taft to Warren”
– Journal of Legal Education 12 (1959).Book Review of The Supreme Court from Taft to Warren, by Alpheus Thomas Mason (1958).
Court-Curbing Time
– New Republic (May 25, 1959).Justices on Display
– New Republic (September 14, 1959).Mr. Justice Black
– New Republic (March 14, 1960).Foreword: The Passive Virtues
– Harvard Law Review 75 (1961).Excerpt: The volume of the Supreme Court’s business is steadily on the rise. It seems to be, quite simply, a direct function of the birth rate. But the number of important and… More
The Durability of Colegrove v. Green
– Yale Law Journal 72 (1962).Excerpt: A certain tendency to animism affects lawyers when they talk about cases, and they communicate it to interested laymen. Animated cases rise, struggle, and conquer, or are… More
Communist Cases
– New Republic (June 19, 1961).Portrait of Justice Holmes
– New Republic (November 6, 1961).The Least Dangerous Branch: The Supreme Court at the Bar of Politics
– Yale University Press, 1963.“This classic book on the role of the United States Supreme Court traces the history of the Court, assessing the merits of various decisions along the way. Alexander Bickel begins… More
The New Court
– New Republic (March 16, 1963).Review of “A Commentary on the Constitution of the United States”
– Columbia Law Review 63 (November 1963).Book Review of A Commentary on the Constitution of the United States, by Bernard Schwartz (1963).
Applied Politics and the Science of Law: Writings of the Harvard Period
– in Felix Frankfurter: A Tribute, edited by W. Mendeson, 1964.The Court Intervenes
– New Republic (March 14, 1964).A Panel: The Proper Role of the United States Supreme Court in Civil Liberties Cases
– with D. Dorsen, P. Bator, C. Foote, and C. Reich; Wayne Law Review 10, p. 473 (1964).Reapportionment and the Courts
– New Republic (June 27, 1964).Supreme Court Fissures: Seeds of Discord in the New Majority
– New Republic (July 11, 1964).Battle over Brandeis
– New Republic (August 8, 1964).Barry Fights the Court
– New Republic (October 10, 1964).Politics and the Warren Court
– Joanna Cotler Books, 1965.“For all of the current attacks on the Supreme Court, no sensible critic would argue with the view that our Constitution and courts are basically sound. The crucial issue is whether… More
Felix Frankfurter
– Harvard Law Review 78 (1965).Excerpt: Since the beginning, nearly 100 men have been Justices of the Supreme the Court of the United States. Of these, a dozen–no more–have made their mark, so that their… More
Felix Frankfurter 1882-1965
– New Republic (March 6, 1965).Judicial Review of Police Methods in Law Enforcement: The Role of the Supreme Court of the United States
– Texas Law Review 44 (1966).Excerpt: I have read my share of opinions in criminal cases-more, I have often thought, than my just share-and I have pored over my share of records, darting from witness to witness, from… More
Is the Warren Court Too “Political”?
– New York Times Magazine (September 25, 1966).Excerpt: Earl Warren became Chief Justice of the United States on Oct. 5, 1953, by appointment of President Eisenhower. It was a sudden succession. Chief Justice Warren’s predecessor,… More
Supreme Court and Political Democracy
– F.R.D. 44 (1968).Supreme Court: Internal Security Cases
– New Republic (January 6, 1968).Frankfurter and Friend
– New Republic (February 3, 1968).Review of “Roosevelt and Frankfurter: Their Correspondence 1928-1945”
– New Republic (February 3, 1967).Book Review of Roosevelt and Frankfurter: Their Correspondence 1928-1945, edited by Max Freedman (1967).
Fortas, Johnson, and the Senate
– New Republic (September 28, 1968).Mr. Justice Fortas
– New Republic (May 17, 1969).Close of the Warren Era
– New Republic (July 12, 1969).Does It Stand Up?
– New Republic (November 1, 1969).Mr. Taft Rehabilitates the Court
– Yale Law Journal 79, no. 1 (November 1969).Abstract: Mr. Justice David Josiah Brewer died in March, 1910, after twenty years of service on the Supreme Court. On May 31, 1910, in accordance with a custom almost uniformly observed,… More
The Supreme Court and the Idea of Progress
– Yale University Press, 1970.“Timeless questions about the role of the Supreme Court in the American political and legal system are raised in the late Alexander Bickel’s characteristically astute analysis of… More
The Courts: Need for Change
– New York Times (October 22, 1970).Excerpt: Nothing, at least nothing that is secular, changes more slowly than the ways of courts. Judges are traditionalists, and they ought to be. After all, the continuity of the… More
The New Supreme Court: Prospects and Problems
– Tulane Law Review 45, no. 2 (1971).Excerpt: “The judiciary,” said Hamilton in the 78th Federalist, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth… More
Review of “Justice Joseph Story and the Rise of the Supreme Court”
– New York Times Book Review (May 30, 1971).Book Review of Justice Joseph Story and the Rise of the Supreme Court, by Gerald T. Dunne (1971). Excerpt: To generations of American lawyers, Joseph Story has been an unavoidable but… More
The Caseload of the Supreme Court, and What, if Anything, to Do about It
– American Enterprise Institute Press, 1973.“In this study, [Bickel] centers on the recommendations of the Study Group for a National Court of Appeals to screen cases headed for the Supreme Court and to resolve certain… More
The Overworked Court: A Reply to Arthur Goldberg
– New Republic (February 17, 1973).The Morality of Consent
– Yale University Press, 1975.Winner of the 1976 Silver Gavel Award of the American Bar Association Chosen as one of the Notable Books of 1975 by the American Library Association “This short but provocative volume . .… More
The Judiciary and Responsible Government 1910-21
– with Benno C. Schmidt; Macmillan, 1984.Essays
Doctrine of Forum Non Conveniens as Applied in the Federal Courts in Matters of Admiralty
– Cornell Law Quarterly 35, no. 1 (Fall 1949).Excerpt: Courts and commentators, in dealing in the past three decades with the increasingly topical doctrine of forum non conveniens in the Federal courts, have sought support for their… More
Judge and Jury – Inconsistent Verdicts in the Federal Courts
– Harvard Law Review 63 (1950).Excerpt: A prior conflict among the circuit courts over whether to enter judgment of guilty on one count pursuant to a verdict which is necessarily inconsistent with a verdict of not guilty… More
The Original Understanding and the Segregation Decision
– Harvard Law Review 69, no. 1 (1955).Excerpt: Before setting out on the direct and noble march to the Court’s conclusion in the Segregation Cases, Chief Justice Warren took care to post a rear guard. The history of the… More
Chief Justice Warren and the Presidency
– New Republic (January 23, 1956).Ninety-Six Congressmen versus the Nine Justices
– New Republic (April 23, 1956).Strathearn S. S. Co. v. Dillon — An Unpublished Opinion by Mr. Justice Brandeis
– Harvard Law Review 69, no. 7 (May 1956).Excerpt: When in 1927 Augustus N. Hand was elevated from the district court, where he had already earned an enviable reputation, and began his great career on the United States Court of… More
Passion and Patience
– New Republic (November 12, 1956).The Unpublished Opinions of Mr. Justice Brandeis
– Harvard University Press, 1957.“The present volume makes it possible to understand, better than was ever before possible, the forces and methods within the Court that produce the decisions which make law for all of… More
Review of “Mr. Justice Holmes”
– Harvard Law Review 70 (April 1957).Book Review of Mr. Justice Holmes, edited by Allison Dunham and Philip B. Kurland (1956).
Review of “The Legacy of Holmes and Brandeis” and “The Brandeis Reader”
– New England Quarterly 30 (June 1957).Book Reviews of The Legacy of Holmes and Brandeis, by Samuel J. Konefsky (1956); and The Brandeis Reader, by Ervin H. Pollack (1956).
Eisenhower, Faubus, and the Court
– New Republic (September 30, 1957).Legislative Purpose and the Judicial Process: The Lincoln Mills Case
– with Harry H. Wellington; Harvard Law Review 71, no. 1 (November 1957).Abstract: Section 3o1 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts.… More
Mr. Justice Frankfurter at Seventy-Six
– New Republic (November 18, 1957).The Court: An Indictment Analyzed
– New York Times Magazine (April 27, 1958).Abstract: The American people have always had a consuming and not very sympathetic curiosity about confidential advisers to their high officers of government. The real or supposed influence… More
Judicial Restraint and the Bill of Rights
– New Republic (May 12, 1958).Inexplicable Document
– New Republic (September 29, 1958).Law and Reason
– New Republic (November 3, 1958).Review of “The Supreme Court from Taft to Warren”
– Journal of Legal Education 12 (1959).Book Review of The Supreme Court from Taft to Warren, by Alpheus Thomas Mason (1958).
Court-Curbing Time
– New Republic (May 25, 1959).Justices on Display
– New Republic (September 14, 1959).Mr. Justice Black
– New Republic (March 14, 1960).Foreword: The Passive Virtues
– Harvard Law Review 75 (1961).Excerpt: The volume of the Supreme Court’s business is steadily on the rise. It seems to be, quite simply, a direct function of the birth rate. But the number of important and… More
The Durability of Colegrove v. Green
– Yale Law Journal 72 (1962).Excerpt: A certain tendency to animism affects lawyers when they talk about cases, and they communicate it to interested laymen. Animated cases rise, struggle, and conquer, or are… More
Communist Cases
– New Republic (June 19, 1961).Portrait of Justice Holmes
– New Republic (November 6, 1961).The Least Dangerous Branch: The Supreme Court at the Bar of Politics
– Yale University Press, 1963.“This classic book on the role of the United States Supreme Court traces the history of the Court, assessing the merits of various decisions along the way. Alexander Bickel begins… More
The New Court
– New Republic (March 16, 1963).Review of “A Commentary on the Constitution of the United States”
– Columbia Law Review 63 (November 1963).Book Review of A Commentary on the Constitution of the United States, by Bernard Schwartz (1963).
Applied Politics and the Science of Law: Writings of the Harvard Period
– in Felix Frankfurter: A Tribute, edited by W. Mendeson, 1964.The Court Intervenes
– New Republic (March 14, 1964).A Panel: The Proper Role of the United States Supreme Court in Civil Liberties Cases
– with D. Dorsen, P. Bator, C. Foote, and C. Reich; Wayne Law Review 10, p. 473 (1964).Reapportionment and the Courts
– New Republic (June 27, 1964).Supreme Court Fissures: Seeds of Discord in the New Majority
– New Republic (July 11, 1964).Battle over Brandeis
– New Republic (August 8, 1964).Barry Fights the Court
– New Republic (October 10, 1964).Politics and the Warren Court
– Joanna Cotler Books, 1965.“For all of the current attacks on the Supreme Court, no sensible critic would argue with the view that our Constitution and courts are basically sound. The crucial issue is whether… More
Felix Frankfurter
– Harvard Law Review 78 (1965).Excerpt: Since the beginning, nearly 100 men have been Justices of the Supreme the Court of the United States. Of these, a dozen–no more–have made their mark, so that their… More
Felix Frankfurter 1882-1965
– New Republic (March 6, 1965).Judicial Review of Police Methods in Law Enforcement: The Role of the Supreme Court of the United States
– Texas Law Review 44 (1966).Excerpt: I have read my share of opinions in criminal cases-more, I have often thought, than my just share-and I have pored over my share of records, darting from witness to witness, from… More
Is the Warren Court Too “Political”?
– New York Times Magazine (September 25, 1966).Excerpt: Earl Warren became Chief Justice of the United States on Oct. 5, 1953, by appointment of President Eisenhower. It was a sudden succession. Chief Justice Warren’s predecessor,… More
Supreme Court and Political Democracy
– F.R.D. 44 (1968).Supreme Court: Internal Security Cases
– New Republic (January 6, 1968).Frankfurter and Friend
– New Republic (February 3, 1968).Review of “Roosevelt and Frankfurter: Their Correspondence 1928-1945”
– New Republic (February 3, 1967).Book Review of Roosevelt and Frankfurter: Their Correspondence 1928-1945, edited by Max Freedman (1967).
Fortas, Johnson, and the Senate
– New Republic (September 28, 1968).Mr. Justice Fortas
– New Republic (May 17, 1969).Close of the Warren Era
– New Republic (July 12, 1969).Does It Stand Up?
– New Republic (November 1, 1969).Mr. Taft Rehabilitates the Court
– Yale Law Journal 79, no. 1 (November 1969).Abstract: Mr. Justice David Josiah Brewer died in March, 1910, after twenty years of service on the Supreme Court. On May 31, 1910, in accordance with a custom almost uniformly observed,… More
The Supreme Court and the Idea of Progress
– Yale University Press, 1970.“Timeless questions about the role of the Supreme Court in the American political and legal system are raised in the late Alexander Bickel’s characteristically astute analysis of… More
The Courts: Need for Change
– New York Times (October 22, 1970).Excerpt: Nothing, at least nothing that is secular, changes more slowly than the ways of courts. Judges are traditionalists, and they ought to be. After all, the continuity of the… More
The New Supreme Court: Prospects and Problems
– Tulane Law Review 45, no. 2 (1971).Excerpt: “The judiciary,” said Hamilton in the 78th Federalist, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth… More
Review of “Justice Joseph Story and the Rise of the Supreme Court”
– New York Times Book Review (May 30, 1971).Book Review of Justice Joseph Story and the Rise of the Supreme Court, by Gerald T. Dunne (1971). Excerpt: To generations of American lawyers, Joseph Story has been an unavoidable but… More
The Caseload of the Supreme Court, and What, if Anything, to Do about It
– American Enterprise Institute Press, 1973.“In this study, [Bickel] centers on the recommendations of the Study Group for a National Court of Appeals to screen cases headed for the Supreme Court and to resolve certain… More
The Overworked Court: A Reply to Arthur Goldberg
– New Republic (February 17, 1973).The Morality of Consent
– Yale University Press, 1975.Winner of the 1976 Silver Gavel Award of the American Bar Association Chosen as one of the Notable Books of 1975 by the American Library Association “This short but provocative volume . .… More
The Judiciary and Responsible Government 1910-21
– with Benno C. Schmidt; Macmillan, 1984.Commentary
Doctrine of Forum Non Conveniens as Applied in the Federal Courts in Matters of Admiralty
– Cornell Law Quarterly 35, no. 1 (Fall 1949).Excerpt: Courts and commentators, in dealing in the past three decades with the increasingly topical doctrine of forum non conveniens in the Federal courts, have sought support for their… More
Judge and Jury – Inconsistent Verdicts in the Federal Courts
– Harvard Law Review 63 (1950).Excerpt: A prior conflict among the circuit courts over whether to enter judgment of guilty on one count pursuant to a verdict which is necessarily inconsistent with a verdict of not guilty… More
The Original Understanding and the Segregation Decision
– Harvard Law Review 69, no. 1 (1955).Excerpt: Before setting out on the direct and noble march to the Court’s conclusion in the Segregation Cases, Chief Justice Warren took care to post a rear guard. The history of the… More
Chief Justice Warren and the Presidency
– New Republic (January 23, 1956).Ninety-Six Congressmen versus the Nine Justices
– New Republic (April 23, 1956).Strathearn S. S. Co. v. Dillon — An Unpublished Opinion by Mr. Justice Brandeis
– Harvard Law Review 69, no. 7 (May 1956).Excerpt: When in 1927 Augustus N. Hand was elevated from the district court, where he had already earned an enviable reputation, and began his great career on the United States Court of… More
Passion and Patience
– New Republic (November 12, 1956).The Unpublished Opinions of Mr. Justice Brandeis
– Harvard University Press, 1957.“The present volume makes it possible to understand, better than was ever before possible, the forces and methods within the Court that produce the decisions which make law for all of… More
Review of “Mr. Justice Holmes”
– Harvard Law Review 70 (April 1957).Book Review of Mr. Justice Holmes, edited by Allison Dunham and Philip B. Kurland (1956).
Review of “The Legacy of Holmes and Brandeis” and “The Brandeis Reader”
– New England Quarterly 30 (June 1957).Book Reviews of The Legacy of Holmes and Brandeis, by Samuel J. Konefsky (1956); and The Brandeis Reader, by Ervin H. Pollack (1956).
Eisenhower, Faubus, and the Court
– New Republic (September 30, 1957).Legislative Purpose and the Judicial Process: The Lincoln Mills Case
– with Harry H. Wellington; Harvard Law Review 71, no. 1 (November 1957).Abstract: Section 3o1 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts.… More
Mr. Justice Frankfurter at Seventy-Six
– New Republic (November 18, 1957).The Court: An Indictment Analyzed
– New York Times Magazine (April 27, 1958).Abstract: The American people have always had a consuming and not very sympathetic curiosity about confidential advisers to their high officers of government. The real or supposed influence… More
Judicial Restraint and the Bill of Rights
– New Republic (May 12, 1958).Inexplicable Document
– New Republic (September 29, 1958).Law and Reason
– New Republic (November 3, 1958).Review of “The Supreme Court from Taft to Warren”
– Journal of Legal Education 12 (1959).Book Review of The Supreme Court from Taft to Warren, by Alpheus Thomas Mason (1958).
Court-Curbing Time
– New Republic (May 25, 1959).Justices on Display
– New Republic (September 14, 1959).Mr. Justice Black
– New Republic (March 14, 1960).Foreword: The Passive Virtues
– Harvard Law Review 75 (1961).Excerpt: The volume of the Supreme Court’s business is steadily on the rise. It seems to be, quite simply, a direct function of the birth rate. But the number of important and… More
The Durability of Colegrove v. Green
– Yale Law Journal 72 (1962).Excerpt: A certain tendency to animism affects lawyers when they talk about cases, and they communicate it to interested laymen. Animated cases rise, struggle, and conquer, or are… More
Communist Cases
– New Republic (June 19, 1961).Portrait of Justice Holmes
– New Republic (November 6, 1961).The Least Dangerous Branch: The Supreme Court at the Bar of Politics
– Yale University Press, 1963.“This classic book on the role of the United States Supreme Court traces the history of the Court, assessing the merits of various decisions along the way. Alexander Bickel begins… More
The New Court
– New Republic (March 16, 1963).Review of “A Commentary on the Constitution of the United States”
– Columbia Law Review 63 (November 1963).Book Review of A Commentary on the Constitution of the United States, by Bernard Schwartz (1963).
Applied Politics and the Science of Law: Writings of the Harvard Period
– in Felix Frankfurter: A Tribute, edited by W. Mendeson, 1964.The Court Intervenes
– New Republic (March 14, 1964).A Panel: The Proper Role of the United States Supreme Court in Civil Liberties Cases
– with D. Dorsen, P. Bator, C. Foote, and C. Reich; Wayne Law Review 10, p. 473 (1964).Reapportionment and the Courts
– New Republic (June 27, 1964).Supreme Court Fissures: Seeds of Discord in the New Majority
– New Republic (July 11, 1964).Battle over Brandeis
– New Republic (August 8, 1964).Barry Fights the Court
– New Republic (October 10, 1964).Politics and the Warren Court
– Joanna Cotler Books, 1965.“For all of the current attacks on the Supreme Court, no sensible critic would argue with the view that our Constitution and courts are basically sound. The crucial issue is whether… More
Felix Frankfurter
– Harvard Law Review 78 (1965).Excerpt: Since the beginning, nearly 100 men have been Justices of the Supreme the Court of the United States. Of these, a dozen–no more–have made their mark, so that their… More
Felix Frankfurter 1882-1965
– New Republic (March 6, 1965).Judicial Review of Police Methods in Law Enforcement: The Role of the Supreme Court of the United States
– Texas Law Review 44 (1966).Excerpt: I have read my share of opinions in criminal cases-more, I have often thought, than my just share-and I have pored over my share of records, darting from witness to witness, from… More
Is the Warren Court Too “Political”?
– New York Times Magazine (September 25, 1966).Excerpt: Earl Warren became Chief Justice of the United States on Oct. 5, 1953, by appointment of President Eisenhower. It was a sudden succession. Chief Justice Warren’s predecessor,… More
Supreme Court and Political Democracy
– F.R.D. 44 (1968).Supreme Court: Internal Security Cases
– New Republic (January 6, 1968).Frankfurter and Friend
– New Republic (February 3, 1968).Review of “Roosevelt and Frankfurter: Their Correspondence 1928-1945”
– New Republic (February 3, 1967).Book Review of Roosevelt and Frankfurter: Their Correspondence 1928-1945, edited by Max Freedman (1967).
Fortas, Johnson, and the Senate
– New Republic (September 28, 1968).Mr. Justice Fortas
– New Republic (May 17, 1969).Close of the Warren Era
– New Republic (July 12, 1969).Does It Stand Up?
– New Republic (November 1, 1969).Mr. Taft Rehabilitates the Court
– Yale Law Journal 79, no. 1 (November 1969).Abstract: Mr. Justice David Josiah Brewer died in March, 1910, after twenty years of service on the Supreme Court. On May 31, 1910, in accordance with a custom almost uniformly observed,… More
The Supreme Court and the Idea of Progress
– Yale University Press, 1970.“Timeless questions about the role of the Supreme Court in the American political and legal system are raised in the late Alexander Bickel’s characteristically astute analysis of… More
The Courts: Need for Change
– New York Times (October 22, 1970).Excerpt: Nothing, at least nothing that is secular, changes more slowly than the ways of courts. Judges are traditionalists, and they ought to be. After all, the continuity of the… More
The New Supreme Court: Prospects and Problems
– Tulane Law Review 45, no. 2 (1971).Excerpt: “The judiciary,” said Hamilton in the 78th Federalist, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth… More
Review of “Justice Joseph Story and the Rise of the Supreme Court”
– New York Times Book Review (May 30, 1971).Book Review of Justice Joseph Story and the Rise of the Supreme Court, by Gerald T. Dunne (1971). Excerpt: To generations of American lawyers, Joseph Story has been an unavoidable but… More
The Caseload of the Supreme Court, and What, if Anything, to Do about It
– American Enterprise Institute Press, 1973.“In this study, [Bickel] centers on the recommendations of the Study Group for a National Court of Appeals to screen cases headed for the Supreme Court and to resolve certain… More
The Overworked Court: A Reply to Arthur Goldberg
– New Republic (February 17, 1973).The Morality of Consent
– Yale University Press, 1975.Winner of the 1976 Silver Gavel Award of the American Bar Association Chosen as one of the Notable Books of 1975 by the American Library Association “This short but provocative volume . .… More
The Judiciary and Responsible Government 1910-21
– with Benno C. Schmidt; Macmillan, 1984.Multimedia
Doctrine of Forum Non Conveniens as Applied in the Federal Courts in Matters of Admiralty
– Cornell Law Quarterly 35, no. 1 (Fall 1949).Excerpt: Courts and commentators, in dealing in the past three decades with the increasingly topical doctrine of forum non conveniens in the Federal courts, have sought support for their… More
Judge and Jury – Inconsistent Verdicts in the Federal Courts
– Harvard Law Review 63 (1950).Excerpt: A prior conflict among the circuit courts over whether to enter judgment of guilty on one count pursuant to a verdict which is necessarily inconsistent with a verdict of not guilty… More
The Original Understanding and the Segregation Decision
– Harvard Law Review 69, no. 1 (1955).Excerpt: Before setting out on the direct and noble march to the Court’s conclusion in the Segregation Cases, Chief Justice Warren took care to post a rear guard. The history of the… More
Chief Justice Warren and the Presidency
– New Republic (January 23, 1956).Ninety-Six Congressmen versus the Nine Justices
– New Republic (April 23, 1956).Strathearn S. S. Co. v. Dillon — An Unpublished Opinion by Mr. Justice Brandeis
– Harvard Law Review 69, no. 7 (May 1956).Excerpt: When in 1927 Augustus N. Hand was elevated from the district court, where he had already earned an enviable reputation, and began his great career on the United States Court of… More
Passion and Patience
– New Republic (November 12, 1956).The Unpublished Opinions of Mr. Justice Brandeis
– Harvard University Press, 1957.“The present volume makes it possible to understand, better than was ever before possible, the forces and methods within the Court that produce the decisions which make law for all of… More
Review of “Mr. Justice Holmes”
– Harvard Law Review 70 (April 1957).Book Review of Mr. Justice Holmes, edited by Allison Dunham and Philip B. Kurland (1956).
Review of “The Legacy of Holmes and Brandeis” and “The Brandeis Reader”
– New England Quarterly 30 (June 1957).Book Reviews of The Legacy of Holmes and Brandeis, by Samuel J. Konefsky (1956); and The Brandeis Reader, by Ervin H. Pollack (1956).
Eisenhower, Faubus, and the Court
– New Republic (September 30, 1957).Legislative Purpose and the Judicial Process: The Lincoln Mills Case
– with Harry H. Wellington; Harvard Law Review 71, no. 1 (November 1957).Abstract: Section 3o1 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts.… More
Mr. Justice Frankfurter at Seventy-Six
– New Republic (November 18, 1957).The Court: An Indictment Analyzed
– New York Times Magazine (April 27, 1958).Abstract: The American people have always had a consuming and not very sympathetic curiosity about confidential advisers to their high officers of government. The real or supposed influence… More
Judicial Restraint and the Bill of Rights
– New Republic (May 12, 1958).Inexplicable Document
– New Republic (September 29, 1958).Law and Reason
– New Republic (November 3, 1958).Review of “The Supreme Court from Taft to Warren”
– Journal of Legal Education 12 (1959).Book Review of The Supreme Court from Taft to Warren, by Alpheus Thomas Mason (1958).
Court-Curbing Time
– New Republic (May 25, 1959).Justices on Display
– New Republic (September 14, 1959).Mr. Justice Black
– New Republic (March 14, 1960).Foreword: The Passive Virtues
– Harvard Law Review 75 (1961).Excerpt: The volume of the Supreme Court’s business is steadily on the rise. It seems to be, quite simply, a direct function of the birth rate. But the number of important and… More
The Durability of Colegrove v. Green
– Yale Law Journal 72 (1962).Excerpt: A certain tendency to animism affects lawyers when they talk about cases, and they communicate it to interested laymen. Animated cases rise, struggle, and conquer, or are… More
Communist Cases
– New Republic (June 19, 1961).Portrait of Justice Holmes
– New Republic (November 6, 1961).The Least Dangerous Branch: The Supreme Court at the Bar of Politics
– Yale University Press, 1963.“This classic book on the role of the United States Supreme Court traces the history of the Court, assessing the merits of various decisions along the way. Alexander Bickel begins… More
The New Court
– New Republic (March 16, 1963).Review of “A Commentary on the Constitution of the United States”
– Columbia Law Review 63 (November 1963).Book Review of A Commentary on the Constitution of the United States, by Bernard Schwartz (1963).
Applied Politics and the Science of Law: Writings of the Harvard Period
– in Felix Frankfurter: A Tribute, edited by W. Mendeson, 1964.The Court Intervenes
– New Republic (March 14, 1964).A Panel: The Proper Role of the United States Supreme Court in Civil Liberties Cases
– with D. Dorsen, P. Bator, C. Foote, and C. Reich; Wayne Law Review 10, p. 473 (1964).Reapportionment and the Courts
– New Republic (June 27, 1964).Supreme Court Fissures: Seeds of Discord in the New Majority
– New Republic (July 11, 1964).Battle over Brandeis
– New Republic (August 8, 1964).Barry Fights the Court
– New Republic (October 10, 1964).Politics and the Warren Court
– Joanna Cotler Books, 1965.“For all of the current attacks on the Supreme Court, no sensible critic would argue with the view that our Constitution and courts are basically sound. The crucial issue is whether… More
Felix Frankfurter
– Harvard Law Review 78 (1965).Excerpt: Since the beginning, nearly 100 men have been Justices of the Supreme the Court of the United States. Of these, a dozen–no more–have made their mark, so that their… More
Felix Frankfurter 1882-1965
– New Republic (March 6, 1965).Judicial Review of Police Methods in Law Enforcement: The Role of the Supreme Court of the United States
– Texas Law Review 44 (1966).Excerpt: I have read my share of opinions in criminal cases-more, I have often thought, than my just share-and I have pored over my share of records, darting from witness to witness, from… More
Is the Warren Court Too “Political”?
– New York Times Magazine (September 25, 1966).Excerpt: Earl Warren became Chief Justice of the United States on Oct. 5, 1953, by appointment of President Eisenhower. It was a sudden succession. Chief Justice Warren’s predecessor,… More
Supreme Court and Political Democracy
– F.R.D. 44 (1968).Supreme Court: Internal Security Cases
– New Republic (January 6, 1968).Frankfurter and Friend
– New Republic (February 3, 1968).Review of “Roosevelt and Frankfurter: Their Correspondence 1928-1945”
– New Republic (February 3, 1967).Book Review of Roosevelt and Frankfurter: Their Correspondence 1928-1945, edited by Max Freedman (1967).
Fortas, Johnson, and the Senate
– New Republic (September 28, 1968).Mr. Justice Fortas
– New Republic (May 17, 1969).Close of the Warren Era
– New Republic (July 12, 1969).Does It Stand Up?
– New Republic (November 1, 1969).Mr. Taft Rehabilitates the Court
– Yale Law Journal 79, no. 1 (November 1969).Abstract: Mr. Justice David Josiah Brewer died in March, 1910, after twenty years of service on the Supreme Court. On May 31, 1910, in accordance with a custom almost uniformly observed,… More
The Supreme Court and the Idea of Progress
– Yale University Press, 1970.“Timeless questions about the role of the Supreme Court in the American political and legal system are raised in the late Alexander Bickel’s characteristically astute analysis of… More
The Courts: Need for Change
– New York Times (October 22, 1970).Excerpt: Nothing, at least nothing that is secular, changes more slowly than the ways of courts. Judges are traditionalists, and they ought to be. After all, the continuity of the… More
The New Supreme Court: Prospects and Problems
– Tulane Law Review 45, no. 2 (1971).Excerpt: “The judiciary,” said Hamilton in the 78th Federalist, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth… More
Review of “Justice Joseph Story and the Rise of the Supreme Court”
– New York Times Book Review (May 30, 1971).Book Review of Justice Joseph Story and the Rise of the Supreme Court, by Gerald T. Dunne (1971). Excerpt: To generations of American lawyers, Joseph Story has been an unavoidable but… More
The Caseload of the Supreme Court, and What, if Anything, to Do about It
– American Enterprise Institute Press, 1973.“In this study, [Bickel] centers on the recommendations of the Study Group for a National Court of Appeals to screen cases headed for the Supreme Court and to resolve certain… More
The Overworked Court: A Reply to Arthur Goldberg
– New Republic (February 17, 1973).The Morality of Consent
– Yale University Press, 1975.Winner of the 1976 Silver Gavel Award of the American Bar Association Chosen as one of the Notable Books of 1975 by the American Library Association “This short but provocative volume . .… More
The Judiciary and Responsible Government 1910-21
– with Benno C. Schmidt; Macmillan, 1984.Teaching
Doctrine of Forum Non Conveniens as Applied in the Federal Courts in Matters of Admiralty
– Cornell Law Quarterly 35, no. 1 (Fall 1949).Excerpt: Courts and commentators, in dealing in the past three decades with the increasingly topical doctrine of forum non conveniens in the Federal courts, have sought support for their… More
Judge and Jury – Inconsistent Verdicts in the Federal Courts
– Harvard Law Review 63 (1950).Excerpt: A prior conflict among the circuit courts over whether to enter judgment of guilty on one count pursuant to a verdict which is necessarily inconsistent with a verdict of not guilty… More
The Original Understanding and the Segregation Decision
– Harvard Law Review 69, no. 1 (1955).Excerpt: Before setting out on the direct and noble march to the Court’s conclusion in the Segregation Cases, Chief Justice Warren took care to post a rear guard. The history of the… More
Chief Justice Warren and the Presidency
– New Republic (January 23, 1956).Ninety-Six Congressmen versus the Nine Justices
– New Republic (April 23, 1956).Strathearn S. S. Co. v. Dillon — An Unpublished Opinion by Mr. Justice Brandeis
– Harvard Law Review 69, no. 7 (May 1956).Excerpt: When in 1927 Augustus N. Hand was elevated from the district court, where he had already earned an enviable reputation, and began his great career on the United States Court of… More
Passion and Patience
– New Republic (November 12, 1956).The Unpublished Opinions of Mr. Justice Brandeis
– Harvard University Press, 1957.“The present volume makes it possible to understand, better than was ever before possible, the forces and methods within the Court that produce the decisions which make law for all of… More
Review of “Mr. Justice Holmes”
– Harvard Law Review 70 (April 1957).Book Review of Mr. Justice Holmes, edited by Allison Dunham and Philip B. Kurland (1956).
Review of “The Legacy of Holmes and Brandeis” and “The Brandeis Reader”
– New England Quarterly 30 (June 1957).Book Reviews of The Legacy of Holmes and Brandeis, by Samuel J. Konefsky (1956); and The Brandeis Reader, by Ervin H. Pollack (1956).
Eisenhower, Faubus, and the Court
– New Republic (September 30, 1957).Legislative Purpose and the Judicial Process: The Lincoln Mills Case
– with Harry H. Wellington; Harvard Law Review 71, no. 1 (November 1957).Abstract: Section 3o1 of the Taft-Hartley Act, contend the authors, confers upon the federal courts responsibilities which are beyond the normal institutional capacities of those courts.… More
Mr. Justice Frankfurter at Seventy-Six
– New Republic (November 18, 1957).The Court: An Indictment Analyzed
– New York Times Magazine (April 27, 1958).Abstract: The American people have always had a consuming and not very sympathetic curiosity about confidential advisers to their high officers of government. The real or supposed influence… More
Judicial Restraint and the Bill of Rights
– New Republic (May 12, 1958).Inexplicable Document
– New Republic (September 29, 1958).Law and Reason
– New Republic (November 3, 1958).Review of “The Supreme Court from Taft to Warren”
– Journal of Legal Education 12 (1959).Book Review of The Supreme Court from Taft to Warren, by Alpheus Thomas Mason (1958).
Court-Curbing Time
– New Republic (May 25, 1959).Justices on Display
– New Republic (September 14, 1959).Mr. Justice Black
– New Republic (March 14, 1960).Foreword: The Passive Virtues
– Harvard Law Review 75 (1961).Excerpt: The volume of the Supreme Court’s business is steadily on the rise. It seems to be, quite simply, a direct function of the birth rate. But the number of important and… More
The Durability of Colegrove v. Green
– Yale Law Journal 72 (1962).Excerpt: A certain tendency to animism affects lawyers when they talk about cases, and they communicate it to interested laymen. Animated cases rise, struggle, and conquer, or are… More
Communist Cases
– New Republic (June 19, 1961).Portrait of Justice Holmes
– New Republic (November 6, 1961).The Least Dangerous Branch: The Supreme Court at the Bar of Politics
– Yale University Press, 1963.“This classic book on the role of the United States Supreme Court traces the history of the Court, assessing the merits of various decisions along the way. Alexander Bickel begins… More
The New Court
– New Republic (March 16, 1963).Review of “A Commentary on the Constitution of the United States”
– Columbia Law Review 63 (November 1963).Book Review of A Commentary on the Constitution of the United States, by Bernard Schwartz (1963).
Applied Politics and the Science of Law: Writings of the Harvard Period
– in Felix Frankfurter: A Tribute, edited by W. Mendeson, 1964.The Court Intervenes
– New Republic (March 14, 1964).A Panel: The Proper Role of the United States Supreme Court in Civil Liberties Cases
– with D. Dorsen, P. Bator, C. Foote, and C. Reich; Wayne Law Review 10, p. 473 (1964).Reapportionment and the Courts
– New Republic (June 27, 1964).Supreme Court Fissures: Seeds of Discord in the New Majority
– New Republic (July 11, 1964).Battle over Brandeis
– New Republic (August 8, 1964).Barry Fights the Court
– New Republic (October 10, 1964).Politics and the Warren Court
– Joanna Cotler Books, 1965.“For all of the current attacks on the Supreme Court, no sensible critic would argue with the view that our Constitution and courts are basically sound. The crucial issue is whether… More
Felix Frankfurter
– Harvard Law Review 78 (1965).Excerpt: Since the beginning, nearly 100 men have been Justices of the Supreme the Court of the United States. Of these, a dozen–no more–have made their mark, so that their… More
Felix Frankfurter 1882-1965
– New Republic (March 6, 1965).Judicial Review of Police Methods in Law Enforcement: The Role of the Supreme Court of the United States
– Texas Law Review 44 (1966).Excerpt: I have read my share of opinions in criminal cases-more, I have often thought, than my just share-and I have pored over my share of records, darting from witness to witness, from… More
Is the Warren Court Too “Political”?
– New York Times Magazine (September 25, 1966).Excerpt: Earl Warren became Chief Justice of the United States on Oct. 5, 1953, by appointment of President Eisenhower. It was a sudden succession. Chief Justice Warren’s predecessor,… More
Supreme Court and Political Democracy
– F.R.D. 44 (1968).Supreme Court: Internal Security Cases
– New Republic (January 6, 1968).Frankfurter and Friend
– New Republic (February 3, 1968).Review of “Roosevelt and Frankfurter: Their Correspondence 1928-1945”
– New Republic (February 3, 1967).Book Review of Roosevelt and Frankfurter: Their Correspondence 1928-1945, edited by Max Freedman (1967).
Fortas, Johnson, and the Senate
– New Republic (September 28, 1968).Mr. Justice Fortas
– New Republic (May 17, 1969).Close of the Warren Era
– New Republic (July 12, 1969).Does It Stand Up?
– New Republic (November 1, 1969).Mr. Taft Rehabilitates the Court
– Yale Law Journal 79, no. 1 (November 1969).Abstract: Mr. Justice David Josiah Brewer died in March, 1910, after twenty years of service on the Supreme Court. On May 31, 1910, in accordance with a custom almost uniformly observed,… More
The Supreme Court and the Idea of Progress
– Yale University Press, 1970.“Timeless questions about the role of the Supreme Court in the American political and legal system are raised in the late Alexander Bickel’s characteristically astute analysis of… More
The Courts: Need for Change
– New York Times (October 22, 1970).Excerpt: Nothing, at least nothing that is secular, changes more slowly than the ways of courts. Judges are traditionalists, and they ought to be. After all, the continuity of the… More
The New Supreme Court: Prospects and Problems
– Tulane Law Review 45, no. 2 (1971).Excerpt: “The judiciary,” said Hamilton in the 78th Federalist, “has no influence over either the sword or the purse; no direction either of the strength or of the wealth… More
Review of “Justice Joseph Story and the Rise of the Supreme Court”
– New York Times Book Review (May 30, 1971).Book Review of Justice Joseph Story and the Rise of the Supreme Court, by Gerald T. Dunne (1971). Excerpt: To generations of American lawyers, Joseph Story has been an unavoidable but… More
The Caseload of the Supreme Court, and What, if Anything, to Do about It
– American Enterprise Institute Press, 1973.“In this study, [Bickel] centers on the recommendations of the Study Group for a National Court of Appeals to screen cases headed for the Supreme Court and to resolve certain… More
The Overworked Court: A Reply to Arthur Goldberg
– New Republic (February 17, 1973).The Morality of Consent
– Yale University Press, 1975.Winner of the 1976 Silver Gavel Award of the American Bar Association Chosen as one of the Notable Books of 1975 by the American Library Association “This short but provocative volume . .… More