Law Commons^™

Taking Corrigibility Seriously, Dora Klein

Faculty Articles

This article argues that the Supreme Court's creation of a category of "irreparably corrupt" juveniles is not only an epistemological mistake but also a tactical mistake which has undermined the Court's express desire that only in the "rarest" of cases will juveniles be sentenced to life in prison without the possibility of parole.

Sandra Day O’Connor’S "First" Principles: A Constructive Vision For An Angry Nation, Lisa Kern Griffin

Faculty Scholarship

During her 25-year tenure on the Supreme Court, Justice Sandra Day O’Connor cast the decisive votes to resolve the most emotional debates, yet she maintained collegiality among the Justices and retained the public’s high regard. A recent biography by historian and journalist Evan Thomas chronicles her extraordinary personal qualities, remarkable professional journey, and constructive brand of patriotism. This book review essay describes a legacy in three parts: a lived example of how to thrive in the face of challenges, a jurisprudence driven by the courage to make compromises, and a theory about the long game of American democracy. First reintroduces …

Correspondence With Fellow Associate Justices Of The Supreme Court Of The United States, Lewis F. Powell, Jr.

Powell Correspondence

No abstract provided.

The Picture, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

The Way Pavers: Eleven Supreme Court-Worthy Women, Meg Penrose

Meg Penrose

Four women have served as Associate Justices on the United States Supreme Court. Since the Court’s inception in 1789, 162 individuals have been nominated to serve as Supreme Court Justices. Five nominees, or roughly 3 percent, have been women. To help put this gender dearth in perspective, more men named “Samuel” have served as Supreme Court Justices than women. Thirteen U.S. Presidents have nominated more people to the Supreme Court than the total number of women that have served on the Court. Finally, there are currently more Catholics serving on the Supreme Court than the number of women appointed in …

The Way Pavers: Eleven Supreme Court-Worthy Women, Meg Penrose

Faculty Scholarship

Four women have served as Associate Justices on the United States Supreme Court. Since the Court’s inception in 1789, 162 individuals have been nominated to serve as Supreme Court Justices. Five nominees, or roughly 3 percent, have been women. To help put this gender dearth in perspective, more men named “Samuel” have served as Supreme Court Justices than women. Thirteen U.S. Presidents have nominated more people to the Supreme Court than the total number of women that have served on the Court. Finally, there are currently more Catholics serving on the Supreme Court than the number of women appointed in …

From The Dean, Joseph Harroz Jr.

Sooner Lawyer Archive

No abstract provided.

Sandra Day O'Connor Spends The Day At Ou, Jonella Frank

Sooner Lawyer Archive

No abstract provided.

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

Pepperdine Law Review

No abstract provided.

The Endorsement Test Is Alive And Well: A Cause For Celebration And Sorrow, Mark Strasser

Pepperdine Law Review

No abstract provided.

Swing Votes On The Current Supreme Court: The Joint Opinion In Casey And Its Progeny, R. Randall Kelso, Charles D. Kelso

Pepperdine Law Review

No abstract provided.

The Alito/O'Connor Switch, Joan Biskupic

Pepperdine Law Review

No abstract provided.

Under-The-Table Overruling, Christopher J. Peters

All Faculty Scholarship

In this contribution to a Wayne Law Review symposium on the first three years of the Roberts Court, the author normatively assesses the Court's practice of "under-the-table overruling," or "underruling," in high-profile constitutional cases involving abortion, campaign-finance reform, and affirmative action. The Court "underrules" when it renders a decision that undercuts a recent precedent without admitting that it is doing so. The author contends that underruling either is not supported by, or is directly incompatible with, three common rationales for constitutional stare decisis: the noninstrumental rationale, the predictability rationale, and the legitimacy rationale. In particular, while the latter rationale - …

Introduction To Sandra Day O'Connor, George A. Bermann

Faculty Scholarship

There are many, many reasons to honor Justice Sandra Day O'Connor-and during the course of her brief but rich stay with us here at Columbia Law School, we have touched on only some of those many reasons. There remains this afternoon one more occasion to honor Justice O'Connor-an honor that has a very special resonance at this law school. It is the conferral of the Wolfgang Friedmann Memorial Award by the Columbia Journal of Transnational Law, a recognition of contributions to international law that is deeply meaningful not only at Columbia Law School, but in international law circles generally.

Justice O'Connor And 'The Threat To Judicial Independence': The Cowgirl Who Cried Wolf?, Arthur D. Hellman

Articles

Sandra Day O'Connor retired from active service on the United States Supreme Court in early 2006. As her principal "retirement project," she has taken on the task of defending the independence of the judiciary. In speeches, op-ed articles, and public interviews, she has warned that "we must be ever vigilant against those who would strong-arm the judiciary into adopting their preferred policies." Justice O'Connor has done the nation a service by bringing the subject of judicial independence to center stage and by calling attention to the important values it serves. Unfortunately, however, in describing the threats to that independence, she …

Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen

William & Mary Bill of Rights Journal

No abstract provided.

Constitutional Jurisprudence Of Sandra Day O'Connor: A Refusal To "Foreclose The Unanticipated", Wilson R. Huhn

Akron Law Faculty Publications

Earlier this year, Justice Sandra Day O’Connor retired from the Supreme Court of the United States after 25 years of service. It would be difficult to overstate the impact that Justice O’Connor has had on the interpretation of the Constitution during her tenure on the Court. Her importance to the development of American constitutional law stems from her central position on the Supreme Court. Professor Erwin Chemerinsky has described her role in these terms:

O’Connor is in control. In virtually every area of constitutional law, her key fifth vote determines what will be the majority’s position and what will be …

Constitutional Jurisprudence Of Sandra Day O'Connor: A Refusal To "Foreclose The Unanticipated", Wilson R. Huhn

Wilson R. Huhn

Earlier this year, Justice Sandra Day O’Connor retired from the Supreme Court of the United States after 25 years of service. It would be difficult to overstate the impact that Justice O’Connor has had on the interpretation of the Constitution during her tenure on the Court. Her importance to the development of American constitutional law stems from her central position on the Supreme Court. Professor Erwin Chemerinsky has described her role in these terms:

O’Connor is in control. In virtually every area of constitutional law, her key fifth vote determines what will be the majority’s position and what will be …

In Praise Of Contextuality - Justice O'Connor And The Establishment Clause, Marie Failinger

Faculty Scholarship

Among Justice Sandra Day O’Connor’s lasting contributions to Supreme Court Jurisprudence has been her attempt to contextualize Religion Clause jurisprudence, to move the Court in the direction of considering the circumstances surrounding government in assessing its constitutionality. Typical of this contributor has been her two decades of work in Establishment Clause law, in particular, ended by Lynch v. Donnelly, in which she introduced the “non-endorsement” test and one of the Ten Commandment cases, McCreary County, Kentucky v. American Civil Liberties Union, in which it was most recently employed. The non-endorsement test has served as one of the two commonly competing …

The Sway Of The Swing Vote: Justice Sandra Day O'Connor And Her Influence On Issues Of Race, Religion, Gender And Class: Foreword, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Foreword, Paula A. Monopoli

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Justice Sandra Day O'Connor: The World's Most Powerful Jurist?, Diane Lowenthal, Barbara Palmer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Sandra Day O'Connor's Position On Discrimination, Stephen E. Gottlieb

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Reflections On Way Paving Jewish Justices And Jewish Women, Justice Ruth Bader Ginsburg

Touro Law Review

No abstract provided.

New York Law School Reporter, V. 10, No. 1, October 1992, New York Law School

Student Newspapers

No abstract provided.

Sandra Day O’Connor, Abortion, And Compromise For The Court, Susan M. Halatyn

Touro Law Review

No abstract provided.

Justice Sandra Day O'Connor: Trends Toward Judicial Restraint

Washington and Lee Law Review

No abstract provided.

Memorandum Regarding Selection Of Sandra Day O'Connor As Supreme Court Nominee, William French Smith

Historical and Topical Legal Documents

No abstract provided.