The rhetorical battle that followed the Dred Scott decision, as we know, later erupted into the gunfire and bloodshed of the Civil War p. Exploring Constitutional Conflicts. October 31, Archived from the original on November 22, The term "substantive due process" is often used to describe the approach first used in Lochner—the finding of liberties not explicitly protected by the text of the Constitution to be impliedly protected by the liberty clause of the Fourteenth Amendment.
In the s, long after the Court repudiated its Lochner line of cases, substantive due process became the basis for protecting personal rights such as the right of privacy, the right to maintain intimate family relationships. United States U. Cornell University Law School. Ely The Bill of Rights in modern America. Bloomington, Indiana: Indiana University Press. Finally, as we are unable to conceive upon what theory the exaction by government from the citizen of the performance of his supreme and noble duty of contributing to the defense of the rights and honor of the nation, as the result of a war declared by the great representative body of the people, can be said to be the imposition of involuntary servitude in violation of the prohibitions of the Thirteenth Amendment, we are constrained to the conclusion that the contention to that effect is refuted by its mere statement.
The Supreme Court's Constitution. Transaction Publishers. In the case of Adkins v. Children's Hospital, the court invalidated a classification based on gender as inconsistent with the substantive due process requirements of the fifth amendment. At issue was congressional legislation providing for the fixing of minimum wages for women and minors in the District of Columbia. The building is getting its first renovation since its completion in Roberts, Jr. Archived from the original on January 24, I agree that West Coast Hotel Co. Parrish correctly overruled Adkins.
Lochner era cases—Adkins in particular—evince an expansive view of the judicial role inconsistent with what I believe to be the appropriately more limited vision of the Framers. Wall Street Journal. He was a farmer in Ohio With subsidies came restrictions on how much wheat one could grow—even, Filburn learned in a landmark Supreme Court case, Wickard v. Filburn , wheat grown on his modest farm. Some prominent states' rights conservatives were asking the court to overturn Wickard v. Filburn, a landmark ruling that laid out an expansive view of Congress's power to legislate in the public interest.
Supporters of states' rights have always blamed Wickard Board of Education ". May 17, Archived from the original on November 6, On May 17, , U. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th amendment and was therefore unconstitutional. This historic decision marked the end of the "separate but equal" … and served as a catalyst for the expanding civil rights movement July 15, The biggest legal milestone in this field was last year's Supreme Court decision in Griswold v.
Connecticut, which overthrew the state's law against the use of contraceptives as an invasion of marital privacy, and for the first time declared the "right of privacy" to be derived from the Constitution itself. In the landmark case Engel v. Vitale, the high court threw out a brief nondenominational prayer composed by state officials that was recommended for use in New York State schools.
Of course". Archived from the original on August 20, Public schools need not proselytize—indeed, must not—in teaching students about the Good Book … In Abington School District v. Schempp, decided in , the Supreme Court stated that "study of the Bible or of religion, when presented objectively as part of a secular program of education," was permissible under the First Amendment.
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June 18, Last week, in a 7 to 2 decision, the court refused for the first time to give retroactive effect to a great Bill of Rights decision—Mapp v. Ohio April 16, Sixth Amendment's right to counsel Gideon v. Wainwright in January 31, Arizona decision. That's the famous decision that made confessions inadmissible as evidence unless an accused person has been warned by police of the right to silence and to a lawyer, and waived it. October Archived from the original PDF on August 15, Retrieved February 6, The shocker, however, came in , when the Court, by a vote of 7 to 2, relied on Griswold's basic underpinnings to rule that a Texas law prohibiting abortions in most situations was unconstitutional, invalidating the laws of most states.
Relying on a woman's right to privacy July 10, Split almost exactly down the middle, the Supreme Court last week offered a Solomonic compromise. It said that rigid quotas based solely on race were forbidden, but it also said that race might legitimately be an element in judging students for admission to universities. November 12, Buckley v.
The nation's political system has suffered ever since from that decision, which held that mandatory limits on campaign spending unconstitutionally limit free speech. The decision did much to promote the explosive growth of campaign contributions from special interests and to enhance the advantage incumbents enjoy over underfunded challengers. Furman v.
PDF [DOWNLOAD] The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed. FOR IPAD
Georgia … Rehnquist dissents from the Supreme Court conclusion that many state laws on capital punishment are capricious and arbitrary and therefore unconstitutional. April 19, Thirty-two years ago, Justice John Paul Stevens sided with the majority in a famous "never mind" ruling by the Supreme Court. Gregg v. Georgia, in , overturned Furman v.
Georgia, which had declared the death penalty unconstitutional only four years earlier. The federalism issue at the core of the new case grows out of a series of cases from to in which the Rehnquist court applied a new level of scrutiny to Congressional action enforcing the guarantees of the Reconstruction amendments. United States v. Lopez in raised the stakes in the debate over federal authority even higher.
The decision declared unconstitutional a Federal law, the Gun Free School Zones Act of , that made it a federal crime to carry a gun within 1, feet of a school. Intrastate activity that was not essentially economic was beyond Congress's reach under the Commerce Clause, Chief Justice Rehnquist wrote for the 5-to-4 majority in United States v. His Rehnquist's reference was to a landmark decision, City of Boerne v. Flores, in which the court ruled that the predecessor to the current law, the Religious Freedom Restoration Act, exceeded Congress's authority and was unconstitutional as applied to the states.
Seminole Tribe v. Florida In this seemingly technical 11th Amendment dispute about whether states can be sued in federal courts, Justice O'Connor joined four others to override Congress's will and protect state prerogatives, even though the text of the Constitution contradicts this result. The argument in this case, Alden v. Maine, No. On the surface … On a deeper level, the argument was a continuation of the Court's struggle over an even more basic issue: the Government's substantive authority over the states.
The decision in the Lawrence v. Texas case overturned convictions against two Houston men, whom police had arrested after busting into their home and finding them engaged in sex. And for the first time in their lives, thousands of gay men and women who lived in states where sodomy had been illegal were free to be gay without being criminals. Archived from the original on August 22, The court's decision in Planned Parenthood v. Casey reaffirmed the court holding of Roe.
That is the precedent of the court and settled, in terms of the holding of the court. Retrieved November 21, By stopping the recount, the high court clearly denied many thousands of voters who cast legal votes, as defined by established Florida law, their constitutional right to have their votes counted. Re-enter the Rehnquist court. Amid the chaos, somebody had to play Daddy. Retrieved November 1, John Glover Roberts Jr. It was the Supreme Court that conservatives had long yearned for and that liberals feared … This was a more conservative court, sometimes muscularly so, sometimes more tentatively, its majority sometimes differing on methodology but agreeing on the outcome in cases big and small.
Retrieved February 1, When Chief Justice John G. Roberts Jr. In those five years, the court not only moved to the right but also became the most conservative one in living memory, based on an analysis of four sets of political science data. The American Prospect. The Court has gotten increasingly more conservative with each of the Republican-appointed chief justices—Warren E. Burger — , William H. Rehnquist — , and John G. All told, Republican presidents have appointed 12 of the 16 most recent justices, including the chiefs.
During Roberts's first decade as chief, the Court was the most conservative in more than a half-century and likely the most conservative since the s. Gonzales v. Carhart—in which the Supreme Court narrowly upheld a federal ban on the late-term abortion procedure opponents call "partial birth abortion"—to be settled law. The Christian Science Monitor. January 22, Retrieved January 22, The landmark decision to strike down the District of Columbia's ban on handgun possession was the first time the court had said the amendment grants an individual right to own a gun for self-defense.
But the 5 to 4 opinion in District of Columbia v. His renunciation of capital punishment in the lethal injection case, Baze v. Rees, was likewise low key and undramatic. The death penalty is unconstitutional as a punishment for the rape of a child, a sharply divided Supreme Court ruled Wednesday … The 5-to-4 decision overturned death penalty laws in Louisiana and five other states. Digital History. University of Houston. Archived from the original on May 5, Retrieved October 27, American Bar Association. Retrieved January 29, Heritage Foundation. Retrieved June 19, The Seattle Times.
Retrieved April 9, In a statement Friday morning, Murray cited Republicans' refusal to confirm or even seriously consider President Obama's nomination of Judge Merrick Garland, a similarly well-qualified jurist — and went on to lambaste President Trump's conduct in his first few months in office. Wade, the landmark abortion-legalization decision, and his comments about the "Hobby Lobby" decision allowing employers to refuse to provide birth-control coverage. After Democrats held together Thursday morning and filibustered President Trump's nominee, Republicans voted to lower the threshold for advancing Supreme Court nominations from 60 votes to a simple majority.
Senate: Supreme Court Nominations, Present". United States Senate. Retrieved April 8, If two justices are commissioned on the same date, then the oldest one has precedence. Archived from the original on December 18, Retrieved February 13, The Huffington Post. Retrieved February 14, October 19, Congressional Research Service.
Oxford University Press. Stephens, F. Concurring in denial of certiorari, Justice Stevens observed that the case involved "the first such appointment of an Article III judge in nearly a half century" U. RL Retrieved August 6, Resolved , That it is the sense of the Senate that the making of recess appointments to the Supreme Court of the United States may not be wholly consistent with the best interests of the Supreme Court, the nominee who may be involved, the litigants before the Court, nor indeed the people of the United States, and that such appointments, therefore, should not be made except under unusual circumstances and for the purpose of preventing or ending a demonstrable breakdown in the administration of the Court's business.
Noel Canning et al" PDF. The Court continued, "In our view, however, the pro forma sessions count as sessions, not as periods of recess. We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business.
The Senate met that standard here. But our deference to the Senate cannot be absolute. When the Senate is without the capacity to act, under its own rules, it is not in session even if it so declares. Retrieved January 25, Federal Judicial Center. Archived from the original on September 15, Retrieved March 18, Federal Judicial Center fjc.
August 22, Retrieved August 23, Retrieved October 21, The American Spectator. The Times. Trenton, New Jersey. Archived from the original on July 30, Retrieved June 15, Jewish Women's Archive. It is unclear if he considers himself a Catholic or a Protestant. Burke, Daniel March 22, It's complicated". Springer said she doesn't know whether Gorsuch considers himself a Catholic or an Episcopalian. He was raised in the Catholic Church and confirmed in the Catholic Church as an adolescent, but he has been attending Episcopal services for the past 15 or so years.
Retrieved August 8, May 1, Retrieved July 16, Retrieved July 9, Cambridge Univ. Retrieved May 3, He was the first Roman Catholic to serve on the Supreme Court. Supreme Court of the United States. Archived from the original on March 20, Smithsonian Institution. Retrieved September 9, Had [O'Connor] anticipated that the chief justice would not serve out the next Supreme Court term, she told me after his death, she would have delayed her own retirement for a year rather than burden the court with two simultaneous vacancies.
SUNY Press. One byproduct of the increased [retirement benefit] provisions [in ], however has been a dramatic rise in the number of justices engaging in succession politics by trying to time their departures to coincide with a compatible president. The most recent departures have been partisan, some more blatantly than others, and have bolstered arguments to reform the process.
A second byproduct has been an increase in justices staying on the Court past their ability to adequately contribute. Supreme Court Justices". If the incumbent president is of the same party as the president who nominated the justice to the Court, and if the incumbent president is in the first two years of a four-year presidential term, then the justice has odds of resignation that are about 2. Retrieved January 11, United States Courts.
Retrieved May 15, Fox News.
A Fox News analysis of that record — including some 3, rulings he has been involved with — reveals a solid, predictable conservative philosophy, something President Trump surely was attuned to when he nominated him to fill the open ninth seat. The record in many ways mirrors the late Justice Antonin Scalia's approach to constitutional and statutory interpretation.
Kavanaugh served a dozen years on the D. Circuit Court of Appeals, a court viewed as first among equals of the 12 federal appellate courts. Probing nearly of Kavanaugh's votes and over votes by his judicial colleagues, our analysis shows that his judicial record is significantly more conservative than that of almost every other judge on the D. That doesn't mean that he'd be the most conservative justice on the Supreme Court, but it strongly suggests that he is no judicial moderate. Trump may have been swayed in part because of Kavanaugh's record of being a reliable conservative on the court — and reining in dozens of administrative decisions of the Obama White House.
There are some question marks for conservatives, particularly an ObamaCare ruling years ago. Erwin Chemerinsky, a law professor at the University of California at Berkeley, told Bloomberg that Roberts' recent voting record may indicate that he is taking his role as the median justice "very seriously" and that the recent period was "perhaps the beginning of his being the swing justice. Based on what we know about measuring the ideology of justices and judges, the Supreme Court will soon take a hard and quick turn to the right.
It's a new path that is likely to last for years. Bush appointee, will almost certainly become the new median justice, defining the court's new ideological center. Retrieved July 7, United States , U. Magwood v. Patterson , U. Shady Grove Orthopedic Associates, P. Allstate Ins. Goldstein notes that in the term, the justice most consistently pro-government was Alito, and not the commonly perceived "arch-conservatives" Scalia and Thomas.
June 30, Retrieved July 2, June 27, Retrieved June 28, July 1, Retrieved June 29, June 29, Retrieved June 30, October 24, Retrieved October 24, March 18, Retrieved March 19, Archived from the original on August 21, The Supreme Court Historical Society. Retrieved January 31, Retrieved April 27, Shipp , U. ABA Journal. On May 28, [U. Attorney General William] Moody did something unprecedented, then and now.
He filed a petition charging Sheriff Shipp, six deputies and 19 leaders of the lynch mob with contempt of the Supreme Court. The justices unanimously approved the petition and agreed to retain original jurisdiction in the matter. May 24, , stands out in the annals of the U. Supreme Court. On that day, the court announced a verdict after holding the first and only criminal trial in its history. Shipp stands out in the history of the Supreme Court as an anomaly. It remains the only time the Court has conducted a criminal trial. Shipp U. Supreme Court, ". Famous Trials.
Stetson Law Review. XXXII : —, — Lane U. Cardozo Law Review. Retrieved September 24, Gradually, however, circuit riding lost support. The Court's increasing business in the nation's capital following the Civil War made the circuit riding seem anachronistic and impractical and a slow shift away from the practice began.
The Judiciary Act of established a separate circuit court judiciary. The justices retained nominal circuit riding duties until when the Circuit Court of Appeals Act was passed. With the Judicial Code of , Congress officially ended the practice. The struggle between the legislative and judicial branches over circuit riding was finally concluded.
The Green Bag. Retrieved February 5, Brailsford , 3 U. Archived from the original on June 30, Retrieved October 2, Legal Times. Pool ' ". Retrieved October 17, Retrieved May 2, Gore were 90 minutes long; oral arguments in United States v. Nixon lasted three hours; and the Pentagon papers case was given a two-hour argument.
Christy, Andrew November 15, Retrieved March 31, The longest modern-day oral arguments were in the case of California v. Arizona , in which oral arguments lasted over sixteen hours over four days in Bobic, Igor March 26, Talking Points Memo. Supreme Court". Florida Bar Journal. Retrieved February 3, Florida Today. Melbourne, Florida. Archived from the original on March 23, The Atlantic. Retrieved March 24, Independent Journal Review. Industrial Organization: Contemporary Theory and Practice. Cincinnati: South-Western College Publishing.
Retrieved January 9, United States Reports. Retrieved January 1, Georgetown Law Library. Retrieved August 22, Supreme Court Decisions". University of Maryland University Libraries. In Hall, Kermit L. Retrieved February 20, But there is no guarantee that when the decision comes, it will end the matter. It may just set the stage for the next legal wrangle over compliance with the Court's decision. Stanford University Press.
Supreme Court of Canada - Court Bibliography
NYU Press. Retrieved September 7, Nelson; Harvey Rishikof; I. Scott Messinger; Michael Jo November Vanderbilt Law Review. Archived from the original PDF on July 27, September 21, Retrieved October 23, Constitutional Law , p. Retrieved October 22, October 23, Bush vs. What are the worst Supreme Court decisions? Los Angeles Times. Archived from the original on October 23, September 19, The Brown decision of , desegregating the schools of 17 states and the District of Columbia, awakened the nation to the court's new claim to power.
March 26, University of Illinois Law Review. National Center. Archived from the original on October 9, At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
A People's History of the Supreme Court. London: Penguin, Every judge who's been appointed to the court since Lewis Powell July 13, February 17, September 5, Sutherland; Dave Meyer; William J. Sears; Ben DuPre; Rev. Rick Scarborough; David C. Staver; Don Feder; Herbert W. Titus Louis, Missouri: Amerisearch Inc.
Archived from the original on May 23, Retrieved June 13, Paul, MN: West, NY: Thornwillow Press, Rehnquist, William H. September 26, — September 3, NY: Morrow, Rehnquist, Daniel Webster and the Oratorical Tradition. Hanover, N. Wilson, James. Philadelphia: Hall and Sellers, Philadelphia: T. Dobson, Commentaries on the Constitution of the United States of America. London: J.
Debrett, Selected Political Essays of James Wilson. Edited by Randolph Adams. New York: Knopf, Works of James Wilson. Edited by Robert G. Cambridge: Harvard University Press, Indianapolis, IN: Liberty Fund, Edited and with an introduction by Kermit L. Iredell, James. Answers to Mr. Newbern, NC: Hodge and Wills, Raleigh: Turner and Hughes, The Papers of James Iredell.
Edited by Don Higgenbotham. William Paterson. Day, Washington, Bushrod. February 4, — November 26, Richmond: T. Nicholson, Richmond: John Warrock, Nicklin, Johnson, William. An Oration, Delivered in St. Charleston: W. Young, Charleston: A. Miller, Livingston, Henry Brockholst. January 20, — March 18, Livingston, Brockholst. Democracy, An Epic Poem. NY: Printed for the Author, Story, Joseph. Salem: Joshua Cushing, Salem: B. Macanulty, Boston: Ferrand, Mallory, Burditt, Boston: Hilliard, Gray, Little, and Wilkins, Boston: Wells and Lilly, Boston: Hilliard, Gray, Little, and Walkins, Boston: Carter and Hendee, Boston: Joseph T.
Cambridge, MA: Hilliard and Brown, Boston: Hilliard, Gray and Co. Boston: Hilliard, Gray, Munroe and Co. Edinburgh: T. Clark, Munroe and company, London: A. Maxwell, Boston: C. Little and J. Brown, Boston: Marsh, Capen, Lyon and Webb, Boston, C. Includes a previously unpublished autobiographical letter to his son.
Miscellaneous Writings of Joseph Story. Edited by William W. Boston: Little, Brown, Edited by Mortimer D. Schwartz and John C. New York: Oceana Publications, Clark, N. Introduction by Morris L. Cohen, edited by Valerie L. Thompson, Smith. September 1, — December 18, McLean, John. January 11, — April 4, Cincinnati: Looker and Reynolds, Cincinnati: E. Morgan, Edited by William Salter. Oberlin, OH: Bibliotheca Sacra, Baldwin, Henry. Philadelphia: J. Philadelphia: James Kay, Barbour, Philip Pendleton. May 12, — February 25, Catron, John. Woodbury, Levi. September 23, — September 4, Gideon, Eastburn, Boston: Little, Brown and Co.
Grier, Robert Cooper. August 10, — January 31, Curtis, Benjamin Robbins. October 10, — September 30, Boston: Little, Brown and Company, Boston: Little, Brown, and Company, Boston: Little Brown, Life and Writings of Benjamin R. Campbell, John Archibald. April 11, — April 30, Recollections of the Evacuation of Richmond, April 2d, Murphy, Swayne, Noah Haynes.
January 27, — January 24, Miller, Samuel Freeman. July 21, — October 13, Morrison, Washington, DC: W. Wallace, NY: D. NY: Banks and Brothers, Field, Stephen Johnson. May 20, — December 1, Washington, DC: Whitefish, MT: Kessinger Publishing, [? Strong, William. Farrand, Albany, NY: Joel Munsell, William L. Dayton: Late U. Minister to France. Newark, NJ: A. Miscellaneous Writings of the Late Hon. Joseph P. Bradley … and a Review of his Judicial Record.
Newark, N. Hardham, Harlan, John Marshall. December 10, — October 14, Woods, William Burnham. January 5, — May 14, Woods, William Burnham, reporter. Chicago: Callaghan, Matthews, Stanley. A Summary of the Law of Partnership. For Use of Business Men. Cincinnati: Robert Clarke, Cincinnati: R. Gray, Horace, et al. Boston: Crosby, Nichols and Co. Boston: G. Washington: Pearson Printing Office, Boston: Libbie, Blatchford, Samuel, reporter. Auburn, NY: Derby and Miller, NY: Jacob R. Halsted, Lamar, Lucius Quintus C. January 18, — January 23, Lamar, L.
John C. Brewer, David Josiah. January 6, — March 28, Brewer, David J. Protection to Private Property from Public Attack. Buffalo: Anti Imperialist League, Louis: F. Kaiser, Richmond, VA: Richmond Press, Kaiser Pub. Boston: The American Peace Society, Orators and Oratory of Texas. Edited by William Vincent Byars. Chicago: F. Brown, Henry Billings.
The Twentieth Century. Shiras, George, Jr. October 10, — February 23, Jackson, Howell Edmunds. March 4, — August 8, Peckham, Rufus Wheeler. January 6, — October 24, Holmes, Oliver Wendell. December 8, — January 12, Holmes, Oliver Wendell, et al. Commentaries on American Law. Boston: Little, Brown, [reprinted with minor corrections and an introduction by G. Edward White by Harvard University Press, ]. Boston: Little, Brown, and Co. NY: Central Book Company, n.
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The Family Letters of Louis D. Norman, OK: ]. Cochran, ed. Louis D. Durham, N. Sutherland, George. October 2, — January 17, Government Printing Office, Sanford, Edward Terry. February 19, — March 8, Knoxville: University of Tennessee, Roberts, Owen J. The Court and the Constitution.
Cardozo, Benjamin N. NY: Harcourt, Brace and Co. Beaudoin, G. Cowansville, P. Brodie, I. Albany, N. Brooks, K.
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Vancouver: UBC Press, Brossard, J. Bushnell, I. Cameron, J. Markham, Ont. Canadian Bar Association. Ottawa: The Association, Carson, B. Ottawa: Library of Parliament, Pearson Building, Ottawa. Ottawa: Supreme Court, Edmonton: Juriliber, Sossin eds. Toronto: Irwin Law, Entchev, I. Toronto, Ontario : LexisNexis, Finkelstein, N. Flemming, R. Greene, I. Toronto: J. Lorimer, Guillemard , S. Guth, D. Johnson, R. La Forest at the Supreme Court of Canada Kaplan, W.
Lang, O. MacDonald, V. Toronto: Butterworths, Vancouver : UBC Press, Macpherson, D. Scarborough, Ont. Don Mills, Ont. Rush, Judging Democracy. Peterborough, Ont. Mayeda, Graham and Peter Oliver, eds. McConnell, W. McIntyre: Paladin of the Common Law. The Evolution of the Supreme Court of Canada.
Morton, F. Knopff, eds. Peterborough, Ontario: Broadview Press, Ltd. Newman, D. Thorburn, eds. Markham : LexisNexis, Pound, R. Rochette, S. Blais , c Rodgers, S. Rosen, P. Ottawa: [Queen's Printer], Schafer, C. A Judge's Journey. Slayton, P. Toronto, Ont. Snell, J. Toronto: Dundurn Press, Reprint of volumes 79 1 and 80 2 Canadian Bar Review. Swinton, K.
The Supreme Court Opinions of Clarence Thomas, 1991-2011, 2d ed.
Vaughan, F. Verrelli, N. Walker, J. Weiler, P. Toronto: Carswell Methuen, Women's Legal Education and Action Fund. Toronto: Emond Montgomery, Wright, D. Toronto, Dundurn Group, , Logan, G. Trethewey, P. The Supreme Court Law Review, v1, - v11, ,- 2d ser. Aurora, Ont. Porter, L. Vancouver : Western Legal Publications, Statistics The Court releases annually a Statistics report, containing a general overview on the work of the Supreme Court.
Statistical Analysis". Brown and B. Bale, G.