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37 J. Sup. Ct. Hist. v (2012)

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Introduction
        Melvin   I. Urofsky


    In this first issue of 2012, all of us here at
the Journal want to wish our readers a happy
and healthy year, and we hope that in this year's
Journal there will be many articles that will
capture your interest.
    As in nearly all ofour issues, articles come
to us in a variety of manners. Tim Huebner
and I are always on the lookout for what our
colleagues in the field of constitutional history
are doing, and over the years we are pleased to
note that when we attend scholarly meetings
people come  up to us to see if we would be
interested in something they are working on.
Tim  and I were at the Atlanta meeting of the
American  Society for Legal History this past
November,  and the fruits of our conversations
there will be appearing in the Journal over the
next few years.
    The first article, by my old friend Jim Ely,
grew out of such a conversation. Jim is now
emeritus professor at Vanderbilt University
Law  School, and still an active scholar. His
specialty is property and property rights, and
he will be one of the speakers in the Society's
2012 Silverman Lecture Series. The article on
Justice Rufus Peckham grew out of a sympo-


sium on forgotten justices who, although we
do not pay much attention to them these days,
nonetheless had an impact on the law in their
times. Peckham, of course, was the author of
the majority opinion in Lochner v. New York
(1905), and Ely's article is part of the current
interest in re-evaluating that case.
    Ever since the Judge's Bill of 1925 the
Supreme  Court docket has been devoted pri-
marily to matters of constitutional law and
statutory interpretation. Prior to that act, how-
ever, the Court decided dozens, even hundreds,
of cases annually that came to it on a writ of
error by grace of earlier jurisdictional laws. If
one spends even a few hours browsing through
a volume or two of US. Reports in those years,
one will be amazed at the large number of cases
dealing with what we would now consider mi-
nor matters for local courts.
    Sometimes,  however, one of these cases
would carry a larger import, not so much for
the constitutional or legal principles involved,
but because it touched on issues that mattered
to the public on an emotional level. Today, we
are so familiar with Arlington National Ceme-
tery as a monument to the nation's war dead


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