Introduction

Abstract

Introduction Timothy S. Huebner The mission of the Supreme Court Historical Society is to collect, preserve, and promote the history of the Supreme Court of the United States. The Society carries out its mission not only by conducting educational programs for students and teachers, but also by presenting public programs and lectures, producing documentaries and books, and acquiring artifacts and documents of historical significance in cooperation with the Curator of the Supreme Court. The Journal, of course, plays an essential role in carrying out the mission of the Society, as it serves as the only publication devoted exclusively to publishing the latest historical scholarship on the Court. It is a mission that our editorial board, Director of Publications Clare Cushman, and I take very seriously. Part of the Journal's longstanding purpose, moreover, has been to promote and publish the work of young scholars—the next generation of constitutional and Supreme Court historians. To that end, since 1995 the Society has bestowed the Hughes-Gossett Student Award upon an outstanding student paper submitted to the Journal. In addition to this award, I am proud to announce that our editorial board has decided to offer a research grant for early career scholars researching and writing about the history of the Court. Awarded on a competitive basis in June of each year, the $1,000 grant, named in memory of the distinguished scholar Henry J. Abraham, supports the research of those who are pursuing academic careers in legal history, including graduate students, law students, and those who are no more than five years from completion of either the Ph.D. or J.D. The award will be given on the basis of the applicant's potential for producing publishable work in the field of Supreme Court history, and the grant recipient will be expected to produce an article for submission to the Journal. Our board is very excited about this ongoing commitment to young scholars. If you know of someone who qualifies, please make that person aware of this opportunity! More information is available on the Society's website. This issue of the Journal highlights the work of young scholars. In case you haven't noticed, Prof. Brad Snyder's seminar on the Warren Court, which he has offered over the past few years at Georgetown University Law Center, has been the source of several papers of late, including last year's winner of the Hughes-Gossett Student Award. Under Brad's mentorship, these students have [End Page 5] produced outstanding essays based on an impressive array of primary sources. Three essays in this issue come straight from Brad's seminar. The first of these essays, by Theodore Salem-Mackall, explores Justice Hugo Black's opinions in cases involving mandatory arbitration. Although best known for his opinions in civil rights and civil liberties cases, Black dissented in a string of Warren-era mandatory arbitration cases, out of a general wariness of corporate power and a deep belief in each person's right to a fair "day in court." Salem-Mackall, who originally wrote the paper while a law student, is currently a Law Clerk at Cleary Gottlieb Steen & Hamilton LLP. The second essay, by Gabriel Valle, tells the largely unexplored story of Gus Garcia and Hernandez v. Texas (1954), which involved the rights of Mexican-Americans to serve on juries. Although overshadowed by a contemporary case, Brown v. Board, and its emphasis on the struggle of Black Americans to desegregate schools, Valle shows the importance not only of Garcia's advocacy but also the Hernandez decision. Valle is a J.D. candidate at Georgetown. Third and finally, Jordan L. Lampo's essay chronicles the internal deliberations in Shapiro v. Thompson (1969), in which the Court invalidated state durational residency requirements to receive public assistance, thereby contributing to the establishment of a constitutional right to travel. The unusual lineup in the case—with Justice William Brennan and outgoing Chief Justice Earl Warren on opposites sides—makes for a fascinating story. Lampo is also a J.D. candidate at Georgetown. In addition to these student essays, Helen Knowles, Associate Professor of Political Science, State University of New York at Oswego and a member of...