Re: Extinction of Exclusion
Just a quick follow-up to my post from yesterday. I’ve now had a look at Alan Dershowitz’s The Best Defense, and I don’t see how William Tucker could have been misled by any misunderstanding of that book into confusing the history of who was on the Court (Goldberg or Frankfurter) when Mapp was decided. Early in the book, Dershowitz specifically mentions Mapp as being decided in 1961. More than 250 pages later, he mentions beginning his clerkship with Goldberg in the summer of 1963. Looks like the error sprang solely from Tucker himself—maybe the kind of mistake a lot of us make when relying on our memory and not checking its accuracy.