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11 W. Legal Hist. 101 (1998)
The Chief Justiceship of Melville W. Fuller, 1888-1910

handle is hein.journals/wlehist11 and id is 107 raw text is: 


procedures, while the following chapter shows the failure of
this criticism in bringing about even modest changes to the
judicial barriers. The last chapter shows what happened when
the Bureau of Immigration, an administrative instrument, was
left alone to implement immigration laws that continued to
deny aliens' rights.
   Lucy Salyer has made a tremendous contribution to our
understanding of how legal alien residents gradually came to
lose their constitutional rights in the United States. What is
stunning to most of us who have studied the legal history of
Asian immigration to America is that executive justice
continued to function for so long; it was executive justice
that left American citizens of Japanese ancestry unprotected
by the Constitution during World War II because they seemed
to be like Japanese enemy aliens.

   Hyung-chan  Kim
   Western Washington University


The Chief Justiceship of Melville W. Fuller, 1888-1910, by
James W. Ely, Jr. Columbia, S.C.: University of South Carolina
Press, 1995; 248 pp., illustrations, bibliography, table of cases,
index; $49.95, cloth.

   Only John Marshall and Roger B. Taney have served longer
as chief justice than Melville W. Fuller. Despite Fuller's long
tenure, the reputation of the Fuller court has never been a
particularly lustrous one. The consensus among historians
has ranked the Fuller court among the worst, and Fuller
himself fares no better, often being dismissed with deroga-
tory remarks.
  Against this backdrop, James W. Ely, Jr. has undertaken the
valuable and challenging project of reassessing the court's
work during Fuller's tenure and, in a number of areas, making
the case that the traditional criticisms are unjustified or at
least overstated. This is the first volume in a contemplated
series, with each book in the series examining one or more
chief justiceships. Herbert A. Johnson, the general editor of the
series, in his preface to Ely's volume describes Ely's approach
as mildly revisionist (p. x), but that is an unfairly bland
description of a forceful book. Ely takes on Fuller's critics at
every turn, and-if one accepts his conclusions-more than a
mild revision of the prevailing view of Fuller's era is called for.
Ely argues that the jurisprudence of the Fuller years may be
seen as pointing toward modern American society (p. 214)
and that the Fuller court made an enduring contribution to


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