Finally got a chance to reed the Alito Note, and boy, the thing that really jumps out is how insufferable (and, of course, self-righteous) Frankfurter was.  Some of you may have seen this correspondence previously, but if you haven't, take a look at FF's letter to Stanley Reed in footnote 104 (when Reed was preparing his sole dissent in McCollum), and, especially, at FF's letter to Frank Murphy in footnote 40 (when Murphy, the Court's only Catholic, was agonizing about being the swing vote in Everson and FF was trying to cajole him to vote against the busing plan).  They are remarkable letters, virtually unimaginable today.  I can't possibly do them justice -- just read them.  I will say this:  It's not surprising that Murphy and Reed withstood Frankfurter's attempts to "persude" them
 
 
----- Original Message -----
Sent: Friday, November 04, 2005 3:31 AM
Subject: Alito Note on Zorach and McCollum

The Yale Law Journal has posted a pdf version of Judge Alito's 1974 Note on the released-time cases -- attached.   The Note received the Israel H. Peres prize for best student contribution to The Yale Law Journal in 1974.
 
 
And the YLJ will be hosting a dicussion of it here:
 


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