Fixing Fuller's Record: The Green Bag and the U.S. Reports

Abstract

Melville Fuller, Chief Justice of the United States from 1888 to 1910, had a notably "self-effacing nature." Perhaps that is why he did not always push hard to correct errors about himself that appeared in published reports. In retrospect, this seems admirably modest in some contexts and disturbingly irresponsible in others. This article deals first with an example Fuller’s admirable modesty, which it overcomes for the benefit of modern readers. Second, this article examines an instance of Fuller’s converse irresponsibility, and suggests that the Supreme Court can and should officially correct Fuller’s error.

Keywords: Chief Justice Melville Fuller, errata, Green Bag, inaccuracies, J.C. Bancroft Davis, mistakes, Preston v. Prather, published corrections, Reporter of Decisions, Supreme Court of the United States, United States Reports Volume 137

JEL Classification: K41