John Marshall Harlan II

John Marshall Harlan II

Summary

Portrait of John Marshall Harlan II John Marshall Harlan II,  Sullivan v. Little Hunting Park…

“ This kind of 'discretion' is nothing more than 'the judicial formulation of law,' for a court has an obligation to be reasonably consistent and 'to explain the decision, including the reason for according different treatment to the instant case.' [9] Surely a state ground is no less adequate simply because it involves a standard that requires a judgment of what is reasonable, and because the result may turn on a close analysis of the facts of a particular case in light of competing policy considerations. ”
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II,  Sullivan v. Little Hunting Park…

“ By attempting to deal with the problem of discrimination in the provision of recreational facilities under § 1982, the Court is forced, in the context of a very vague statute, to decide what transactions involve 'property' for purposes of § 1982. The majority states that ' (i) t is not material whether the membership share (in Little Hunting Park) be considered realty or personal property, as § 1982 covers both.' But examination of the opinion will show that the majority has failed to explain why the membership share is ether real or personal property for purposes of § 1982. ”
Source: Wikisource

Portrait of John Marshall Harlan II John Marshall Harlan II,  Sullivan v. Little Hunting Park…

“ Today, the Court goes yet beyond Jones (1) by implying a private right to damages for violations of 42 U.S.C. § 1982; (2) by interpreting § 1982 to prohibit a community recreation association from withholding, on the basis of race, approval of an assignment of a membership that was transferred incident to a lease of real property; and (3) by deciding that a white person who is expelled from a recreation association 'for the advocacy of (a Negro's) cause' has 'standing' to maintain an action for relief under § 1982. ”
Source: Wikisource

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