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David Bazelon Was In The Justice Business
document David Bazelon was in the justice business House Oversight Committee — Epstein Estate Records (Nov 2025)

though he used the law—sometimes stretching it beyond existing precedent—to bring about what he regarded as a just result. He was a “judicial activist”

The Opinions Of Judge Bazelon Over The Years Had The Laid The Foundation For This Decision And Several Of Them Were Cited In The Briefs Filed By His Friends Abe Fortas And Abe Krash
document The opinions of Judge Bazelon over the years had the laid the foundation for this decision and several of them were cited in the briefs filed by his friends Abe Fortas and Abe Krash House Oversight Committee — Epstein Estate Records (Nov 2025)

who had been appointed to Represent Gideon. (My friend John Hart Ely was working for the Fortas firm during the summer the briefs were being prepared and I reviewed and edited several drafts with John.) Bazelon’s opinions—more often dissents than majority—had established the co...

Three Months After I Started Working For Justice Goldberg I Was In His Secretary’s Office While She Was Talking On The Phone To Her Husband Who Was An Officer In The U.s. Armed Forces. I Think He Had Something To Do With Communications
document Three months after I started working for Justice Goldberg I was in his secretary’s office while she was talking on the phone to her husband who was an officer in the U.S. armed forces. I think he had something to do with communications House Oversight Committee — Epstein Estate Records (Nov 2025)

because he told her that shots had been fired in Dallas. We turned on a small television set that had been in my cubicle ever since the World Series a couple of months earlier. Nothing was yet on the news. A few minutes later everyone in the world knew that President Kennedy h...

Before I Leave The Supreme Court
document Before I leave the Supreme Court House Oversight Committee — Epstein Estate Records (Nov 2025)

I must recount one vignette regarding Justice Goldberg that caused me considerable disappointment. One of the great villains of the day to all liberals was J. Edgar Hoover

Criminal Law; Constitutional Litigation; Family Law; Psychiatry And The Law; The Prediction And Prevention Of Harmful Conduct; Race And Violence; The Scriptural Sources Of Justice; The Law Of Sports; The Legal
document Criminal Law; Constitutional Litigation; Family Law; Psychiatry and the Law; the Prediction and Prevention of Harmful Conduct; Race and Violence; the Scriptural Sources of Justice; the Law of Sports; the Legal House Oversight Committee — Epstein Estate Records (Nov 2025)

Moral and Psychological Implications of Shakespeare’s Tragedies; Ethics and Tactics in the Trial of Criminal Cases; Human Rights; Terrorism and the Law; Probabilities and the Law; a Comparative Analysis of Talmud and Common Law; Wikileaks and the First Amendment; the Arab Israeli...

The Case That Gave Rise To The “Fire!” In A Crowded Theater Analogy— Schenck V. United States— Involved The Prosecution Of Charles Schenck
document The case that gave rise to the “Fire!”-in-a-crowded-theater analogy— Schenck v. United States— involved the prosecution of Charles Schenck House Oversight Committee — Epstein Estate Records (Nov 2025)

who was the general secretary of the Socialist Party in Philadelphia. In 1917 a jury found Schenck guilty of attempting to cause insubordination among soldiers who had been drafted to fight in the First World War. He had circulated leaflets urging draftees not to “submit to inti...

Justice Holmes Upheld The Convictions
document Justice Holmes upheld the convictions House Oversight Committee — Epstein Estate Records (Nov 2025)

finding that the pamphlet created “a clear and present danger” of hindering the war effort while our soldiers were fighting for their lives and our liberty.

In Addition To Litigating Many Obscenity Cases
document In addition to litigating many obscenity cases House Oversight Committee — Epstein Estate Records (Nov 2025)

I have written extensively on the subject. My article “Why Pornography?” set out to determine whether there is any actual relationship between “hard-core pornography” and violence against women. It began by disputing Justice Potter Stewart’s famous line that although he could n...

As I Previously Mentioned
document As I previously mentioned House Oversight Committee — Epstein Estate Records (Nov 2025)

my initial assignment as Justice Goldberg’s law clerk was to write a memorandum on the possible unconstitutionality of the death penalty. Here is how [ find author]______

In Addition To These Abstract Formulations
document In addition to these abstract formulations House Oversight Committee — Epstein Estate Records (Nov 2025)

I also told Justice Brennan that my research had disclosed a widespread pattern of unequal application of the death penalty on racial grounds. I cited national prison statistics showing that between 1937 and 1951

During The Height Of The Lewinsky Affair
document During the height of the Lewinsky affair House Oversight Committee — Epstein Estate Records (Nov 2025)

I found myself sitting right next to the President at a large dinner party. He asked me what I was working on and I told him I was finishing a book called the Genesis of Justice about the first book of the Bible. Clinton is incredibly knowledgeable about the Bible and we spent...

The Answer To That Question May Well Turn On Whether One Looks For Legal Guidance To The Description Of The Harvard Program As Quoted In Mr. Justice Powell’s Opinion
document The answer to that question may well turn on whether one looks for legal guidance to the description of the Harvard program as quoted in Mr. Justice Powell’s opinion House Oversight Committee — Epstein Estate Records (Nov 2025)

or to the real world operation of the Harvard program as it probably works in practice. The following description certainly implies that race is not treated differently from other elements of diversity:

It Took Place In Front Of Faneuil Hall
document It took place in front of Faneuil Hall House Oversight Committee — Epstein Estate Records (Nov 2025)

the birthplace of American independence and liberty. I was receiving a justice award and delivering a talk from the podium of that historic hall on civil liberties in the age of terrorism. When I left