Law Commons^™

Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.

The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …

Racial Revisionism, Shaun Ossei-Owusu

Michigan Law Review

A Review of The Enigma of Clarence Thomas. by Corey Robin.

The Passion Of John Paul Stevens, Linda Greenhouse

Michigan Law Review

Review of John Paul Stevens' The Making of a Justice: Reflections on My First 94 Years.

The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens

Faculty Scholarship

This article examines a January 1888 letter to U.S. Supreme Court Chief Justice Morrison Waite from Associate Justice Stanley Matthews. Justice Matthews requested time away from the notoriously overworked Court’s session in order to attend the funeral of Dr. Peter Parker, renowned medical missionary and diplomat. The piece presents biographical sketches of Justice Matthews and Dr. Parker, and considers the historical context of the potential absence on the late nineteenth-century Court’s operations.

Empty Chairs, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Book Review Of Clement Haynsworth, The Senate, And The Supreme Court, Davison M. Douglas

Davison M. Douglas

No abstract provided.

Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman

Articles

President Trump announced his nomination of Neil Gorsuch — the sixth most senior judge on a federal appellate court in the hinterland—for a seat on the Supreme Court in a formal, nationally televised ceremony. Judge Gorsuch squeezed the shoulder of his wife, a gesture that signaled not only his thrill at the nomination but his joy at being able to share it with her. There followed a bitterly partisan process, featuring hearings at which the nominee testified and deflected questions about his substantive views. A change in the Senate rules, ending the possibility of a filibuster, was necessary to bring …

Bob Nagel And The Emptiness Of The Supreme Court Standards Of Review, Larry Alexander

University of Colorado Law Review Forum

In this piece, written to honor Robert Nagel on his retirement, I focus on the arguments he made in a student note on the Supreme Court's rational basis standard of review.

Some Kind Of Judge: Henry Friendly And The Law Of Federal Courts, Aaron P. Brecher

Michigan Law Review

Uberfans of the federal judiciary owe a lot to David Dorsen. His illuminating biography of Judge Henry Friendly is a fitting tribute to the contributions of a jurist that many consider to be among the finest judges never to sit on the U.S. Supreme Court. Judicial biography is a difficult genre to do well, and most authors choose to focus on Supreme Court justices. But Henry Friendly, Greatest Judge of His Era is an excellent source of information on Friendly’s life and, far more important, his views on the law and his relationships with some of the most fascinating figures …

Justice Brennan: Legacy Of A Champion, Dawn Johnsen

Michigan Law Review

During the 1980s, when the Court's approval rating was relatively high, commentators from both ends of the ideological spectrum remarked on the importance of Justices' values and views, and bemoaned the public's utter lack of attention to the Court and judicial appointments. President Ronald Reagan's Department of Justice prefaced an extensive analysis of the momentous issues at stake for the Court and the Constitution with a call for attention to the "critical" yet "often overlooked" "values and philosophies" of federal judges. Professor Laurence Tribe similarly introduced a historical analysis of the Court's vital role by describing Justices' "powerful, if often …

Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge

Pepperdine Law Review

No abstract provided.

From Space-Off To Represented Space, Lolita Buckner Inniss

Publications

In Reimagining Equality: Stories of Gender, Race, and Finding Home, author Anita Hill explores some of the literal and figurative meanings of "home," focusing specifically on African-American women in their quest for home. Hill layers discussions of law, literature, and culture with stories of individual women, both historic and contemporary. In Reimagining Equality, Hill takes on a topic clearly distinct from the Clarence Thomas Senate confirmation hearings, the episode for which she is best known. Her work here is, nonetheless, evocative of her struggle in those hearings, because the book addresses the interrelation between gender, race, place, space, …

The Second Annual William French Smith Memorial Lecture: A Conversation With Justice Clarence Thomas, Clarence Thomas, Kenneth W. Starr, Shelley Saxer, Douglas W. Kmiec, Charles R. Eskridge

Pepperdine Law Review

No abstract provided.

Owen J. Roberts, Richard D. Friedman

Book Chapters

Roberts, Owen Josephus (1875-1955). Lawyer and U.S. Supreme Court justice. Roberts was born in Philadelphia and graduated from the University of Pennsylvania in 1895 and from its law school in 1898. He taught there part-time beginning almost immediately until 1919, reaching the rank of full professor in 1907. While operating a profitable dairy farm, Roberts practiced law privately, punctuated by a three-year stint beginning in 1901 as first assistant district attorney of Philadelphia County. Tall and robust, he made a striking figure in both classroom and courtroom.

Charles Evans Hughes, Richard D. Friedman

Book Chapters

Hughes, Charles Evans (1862-1948). Lawyer, politician, diplomat, and chief justice of the United States. Hughes was born in Glens Falls, N.Y., the son of a Baptist preacher from the English- Welsh border country who changed congregations from time to time. Young Hughes spent his earliest years in several locations in New York and New Jersey before the family settled in Brooklyn. A precocious child, he was educated both at home and in public school. At age 14, he began college at Madison (now Colgate) University, a Baptist institution. After his sophomore year, he transferred to Brown, which also had a …

Yale Kamisar: A Principled Man For All Seasons, Douglas A. Kahn

Articles

Yale Kamisar began his distinguished career as a law professor in 1957 at the University of Minnesota Law School. For three years prior to joining the Minnesota faculty, Yale had been an associate with the Washington, D.C. law firm of Covington & Burling specializing in antitrust law. Understandably, Yale and Minnesota assumed that he would devote the major part of his research and teaching to antitrust. At that time, the study of criminal law was near the bottom of the hierarchy of law school topics, and so young faculty often were assigned the task of teaching criminal law as the …

Inspiring Generations, Nancy J. King

Michigan Law Review

It is difficult to imagine Michigan Law School without Yale Kamisar. He seems as much a part of the place as the Reading Room, the heavy oak doors, and the sounds of the marching band practicing, the steam heaters knocking, and the footsteps on the stone floors. That Michigan students will no longer experience his inspiration and guidance in person is sad, but inevitable. Fortunately, law students everywhere, and the law that they have learned to love, will never escape his influence. The editors of this issue have encouraged us to relate our own experiences with Yale. Mine started long …

Yale, Marc Spindelman

Michigan Law Review

Yale does have, as Nancy King has said, a story for every occasion. Many of my favorites - and I definitely have my share - reflect Yale's gaudium certaminis: his "joy of battle" in Gerald Gunther's helpful translation. Some of Yale's battles I have only heard or read about. A few of the more memorable ones from over the years include Yale's confrontations with Glanville Williams, Fred Inbau, Joe Grano, John Kaplan, James Vorenberg, Robert Bork, Malcolm Wilkey, Edward Barrett, and Yale's former teacher Herbert Wechsler. And let's not forget the numerous law-enforcement officials Yale caught in his sights at …

Yale Kamisar: Warrior Scholar, Francis A. Allen

Michigan Law Review

My association with Yale Kamisar dates back to the 1950s. At that time I became aware of the interesting publications of a young faculty member at the University of Minnesota. The articles were well done, most of them dealing with the Supreme Court's notable expansion of constitutional doctrine relating to criminal procedure, then at full tide, a field in which I also was writing. In addition, Yale had published a remarkable article on the subject of euthanasia, impressive for the thoroughness of its research and the clarity and force of its argument. Fortunately, I decided to write to Yale and …

Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel

Publications

No abstract provided.

Justice White And Judicial Review, Philip J. Weiser

Publications

No abstract provided.

David E. Feller: The Happy Warrior, Theodore J. St. Antoine

Articles

Dave Feller and I first became acquainted when we were both union lawyers in Washington, D.C. Dave was the ultimate happy warrior. He went joyous into combat, and years later he could recount, joyously, objectively, and without rancor toward old foes, the exact details of the many triumphs and the few defeats. A favorite story came from his Supreme Court clerkship. Dave was already seven years out of Harvard Law School, with experience in university teaching, Army intelligence, and the Justice Department, and he didn't hesitate to tell Chief Justice Vinson he should vote for certiorari in a case close …

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …

Cardozo The [Small R] Realist, Richard D. Friedman

Reviews

In Part I of this Review, I will discuss aspects of Cardozo's life and character. In Part II, I will discuss Cardozo's jurisprudential theory as revealed in his lectures and essays. In Part IlI, I will suggest how we gain a better perspective on his judicial opinions by understanding not only that theory but also the man and his life.

In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman

Articles

At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …

Civility A Speech Delivered By Associate Justice Clarence Thomas To Students At Washington And Lee University School Of Law Lexington, Virginia Tuesday, March 10, 1998, Clarence Thomas

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Reluctant Justice: Lewis F. Powell Jr. Personifies The 'Quality Of Attentiveness', Christina B. Whitman

Articles

Lewis F. Powell Jr. came to the U.S. Supreme Court in 1972 reluctantly and at an age when many professionals are anticipating retirement rather than a career change. But the Court suited him. He grew to love the work, although he often found it agonizing, and he thrived on the role he played in the history of the Constitution.

The Jurisprudence Of Yogi Berra, Edward H. Cooper, Grace C. Tonner

Articles

Lawrence Peter "Yogi" Berra was born on May 12, 1925, in St. Louis, Missouri, and grew up to become one of baseball's all-time greats. Yogi played nineteen years in the Major Leagues, eighteen with the New York Yankees and one with the New York Mets He has been called the greatest Yankee catcher ever. During his career, Yogi played in a record fourteen World Series and was elected the American League's Most Valuable Player three times. Following his playing career, Yogi managed both the Yankees and the New York Mets, and coached the Yankees, Mets, and Houston Astros. He received …

Justice Lewis F. Powell And The Jurisprudence Of Centrism, Mark Tushnet

Michigan Law Review

A Review of Justice Lewis F. Powell, Jr by John C. Jeffries, Jr.

Hugo Black Among Friends, Dennis J. Hutchinson

Michigan Law Review

A Review of Hugo Black: A Biography by Roger K. Newman