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Full-Text Articles in Law

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick Jan 2020

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick

Scholarly Works

In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.

Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding leadership. …


Memoirs, Thomas L. Shaffer Jan 2014

Memoirs, Thomas L. Shaffer

1971–1975: Thomas L. Shaffer

Table of Contents

Chapter 1 My Grandparents 1

Chapter 2 On the Goat Farm 32

Chapter 3 A Little Boy's War 41

Chapter 4 Back to the Mountains 49

Chapter 5 Shelledy School 61

Chapter 6 The Shop 66

Chapter 7 Printer's Devil 77

Chapter 8 Fruita Union High School 86

Chapter 9 My Year with the Monks 95

Chapter 10 U.S.A.F. 113

Chapter 11 Newfoundland 122

Chapter 12 The College 136

Chapter 13 Coming to Notre Dame 144

Chapter 14 Law School 158

Chapter 15 On the Track 165

Chapter 16 The Firm 173

Chapter 17 Indianapolis 184

Chapter …


Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer Jan 2014

Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer

Articles

Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …


They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal Jan 2013

They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal

All Faculty Scholarship

No abstract provided.


Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri Jan 2013

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

All Faculty Scholarship

No abstract provided.


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Remembering Ed Baker, Tobias Barrington Wolff Apr 2010

Remembering Ed Baker, Tobias Barrington Wolff

All Faculty Scholarship

This is a short biographical piece honoring and describing deceased colleague C. Edwin Baker.


A Time-Honored Model For The Profession And The Academy, Michael A. Fitts Jan 2010

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


A Wise Man Of The Law, Anthony J. Scirica Jan 2010

A Wise Man Of The Law, Anthony J. Scirica

All Faculty Scholarship

No abstract provided.


A Dean's Perspective On Ed Baker, Michael A. Fitts Jan 2010

A Dean's Perspective On Ed Baker, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke Jan 2009

Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke

Law Faculty Scholarly Articles

Abraham Lincoln is an icon of American history. He is prominently named in various opinion polls as among the best Presidents in the history of the United States. His stature as a great President is perhaps best reflected currently in the stream of events constituting a national two-year celebration of his 1809 birth. Even before that, however, scholarly and popular interest and Lincoln’s life and Presidency continued unabated, as indicated by the steady publication and success of books about him. Notable among these works is David Herbert Donald’s best-selling biography of our sixteenth President titled Lincoln.

Although Mr. Donald’s …


Meese, Edwin Iii (1931 - ), Gary L. Mcdowell Jan 2009

Meese, Edwin Iii (1931 - ), Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

U.S. attorney general. Born in Oakland, Calif., Meese received a B.A. from Yale (1953) and an LL.B. from the University of California, Berkeley (1956). After working at the Piedmont, Calif., Recreation Department, he became deputy district attorney in Alameda county, Calif., in 1959. In 1967, he joined the staff of Governor Ronald Reagan as legal affairs secretary, holding this post until 1969, when he became Reagan's executive assistant and chief of staff. He also served as the chairman of the Governor's Emergency Operations council during the urban and campus disorders of the 1960s and early 1970s.


Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr. Sep 2007

Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.

Scholarly Works

This article examines the professional life of former United States Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. I do so through the vehicle of perhaps his most perplexing client choice - deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances?

These are the specific questions that this …


Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck Jan 2007

Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck

Articles in Law Reviews & Other Academic Journals

William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.

In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …


On The Passing Of My Friend, Dick Wellman, Paul M. Kurtz Jul 2006

On The Passing Of My Friend, Dick Wellman, Paul M. Kurtz

Scholarly Works

Writing the introduction to a symposium in memory of a friend is a great honor, of course, and one that I seized immediately, for fear that the Editor in Chief might change his mind.


Leon Wallace Profile Jul 2005

Leon Wallace Profile

Leon Wallace (1951-1952 Acting; 1952-1966)

No abstract provided.


Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney Dec 2004

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …


Remembering Andrew I. Batavia, Michael Ashley Stein Apr 2003

Remembering Andrew I. Batavia, Michael Ashley Stein

Faculty Publications

No abstract provided.


Wrestling With Jefferson: The Struggles Of A Biographer, Richard B. Bernstein Jan 2002

Wrestling With Jefferson: The Struggles Of A Biographer, Richard B. Bernstein

Articles & Chapters

No abstract provided.


A Tribute To Professor Stephen H. Schulman, Alan Schenk Apr 2001

A Tribute To Professor Stephen H. Schulman, Alan Schenk

Law Faculty Research Publications

No abstract provided.


A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook Jan 2001

A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.


Making Progress The Old-Fashioned Way, Stephen B. Burbank Jan 2001

Making Progress The Old-Fashioned Way, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider Jan 2001

Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider

All Faculty Scholarship

No abstract provided.


The Remarkable Career Of Joe Grano, Robert A. Sedler Oct 2000

The Remarkable Career Of Joe Grano, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts Jan 2000

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Book Review, David S. Tanenhaus Jan 1999

Book Review, David S. Tanenhaus

Scholarly Works

After missing an opportunity as a graduate student in the early 1970s to meet the aged Miriam Van Waters, whose distinguished career as a penal reformer spanned from the First World War to the launching of Sputnik, historian Estelle Freedman now attempts to capture her through biography. Freedman’s effort is a valiant one because Van Waters, a student of psychology, struggled with her own identity and sexuality, and repeatedly pushed away anyone who tried to get too close. One can only imagine how the intensely private Van Waters would have reacted to learning that her most personal conflicts would become …


A Tribute To Professor Edward J. Littlejohn, John E. Mogk Oct 1996

A Tribute To Professor Edward J. Littlejohn, John E. Mogk

Law Faculty Research Publications

No abstract provided.


Some Reflections On An Acting Deanship, Robert K. Goldman Jan 1996

Some Reflections On An Acting Deanship, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Sovereign Prerogatives, Jayne W. Barnard Jan 1996

Sovereign Prerogatives, Jayne W. Barnard

Faculty Publications

No abstract provided.


Art Of Judicial Biography, Michael J. Gerhardt Jan 1995

Art Of Judicial Biography, Michael J. Gerhardt

Faculty Publications

No abstract provided.