Malcolm Gardner v. Robin Harris, M.D.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
Blackstone said that the concept “that the king can do no wrong is a necessary and fundamental principle of the English constitution.” 1 Now in the 20th Century and in at least a part of the world long made safe for democracy the law persists in the view that seems to say that Blackstone is still right. And not even equity — the King’s conscience— can help. 2 As a result we must hold in this case that a private citizen, deprived of his property right of access to the historic Natchez Trace because of barricades erected by the Federal Superintendent of that highway…
2Cases cited7 opinions
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Dugan v. RankSupreme Court of the United States · 1963
- United States v. CausbySupreme Court of the United States · 1946
- Malone v. BowdoinSupreme Court of the United States · 1962
- Switzerland Company, a Corporation, and Joseph H. Walker v. Stewart L. Udall, Conrad Wirth, and Sam P. WeemsCourt of Appeals for the Fourth Circuit · 1964
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3Cited by27 opinions
- Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
- Albert H. Carter v. Robert Seamans, Jr., as Secretary of the Air ForceCourt of Appeals for the Fifth Circuit · 1969
- Alabama Rural Fire Insurance Company, a Corporation v. Frank Naylor, Associate Administrator of the Farmers Home AdministrationCourt of Appeals for the Fifth Circuit · 1976
- Doe v. United States Civil Service CommissionDistrict Court, S.D. New York · 1980
- Bass Angler Sportsman Society v. United States Steel Corp.District Court, N.D. Alabama · 1971
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