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The Enduring Example of John Marshall Harlan: 'Virtue as Practice' in the Supreme Court

19 Pages Posted: 26 Jul 2011  

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: July 26, 2011

Abstract

This recount of Justice Harlan's opinions during the Warren Court finds his opinions at odds with the Warren Court's typical notions of progress. Yet this paper also finds that Justice Harlan held truth to be a paramount value, sometimes foregoing a rigid sense of justice in favor of what he held to be the truth.

Keywords: Justice Harlan

Suggested Citation

Van Alstyne, William W., The Enduring Example of John Marshall Harlan: 'Virtue as Practice' in the Supreme Court (July 26, 2011). William & Mary Law School Research Paper No. 09-106; New York Law School Law Review, Vol. 36, No. 1, 1991. Available at SSRN: https://ssrn.com/abstract=1895580

William Van Alstyne (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

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