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December 15, 2010


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Alfred Brophy

Dred Scott?


Criminal procedure is not really my area, but I would think that Gideon v. Wainwright would have to be on that list.

Tung Yin

Martin v. Hunter's Lessee -- establishing S. Ct.'s power to review state supreme court decisions of federal law

Steel Seizure Case

Brown v. Allen -- allowing relitigation via federal habeas corpus petition of federal issues already decided in state courts

I think those three are arguably more significant than Heller, Loving, and Citizens United. I agree with Scott that Gideon should be on the list and would be ahead on Miranda in my opinion.


Shows a huge bias toward recent cases. As Alfred notes, the omission of Dred Scott is unforgivable. And what about Lochner? Another potential candidate is Furman v. Georgia.

Jordy Singer

I would cut out Heller, Citizens United, and U.S. v. Nixon, and replace them (in no particular order) with Gideon, Lochner, and Wickard v. Filburn (which opened the door for Congress to legislate virtually anything under the guise of the Commerce Clause -- at least until the Rehnquist Court pushed back a bit in the 1990s).

Joseph Blocher

At the very least, I'd replace Citizens United and Heller with McCulloch and Dred Scott.


Baker v. Carr.

Kathy Bergin

I'd also add Brandenburg v. Ohio, distinguishing advocacy of violence as a doctrine (protected) from incitement to violence (not).

Not sure why Heller gets billing alongside Brown and Marbury?

Procedure Fan

Erie seems like it should make a top ten list.

Kathy Bergin

omg - sometimes the obvious escapes mention, even from a 1A Prof obsessed with Wikileaks:


S.E. Looper-Friedman

Euclid v. Ambler Realty

Ezra Rosser

Not many people will agree with this perhaps, but Johnson v. M'Intosh seems important in the conquest of a continent.


Slaughterhouse Cases seem an obvious one.

Also, Gibbons v. Ogden.

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