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Articles 1 - 30 of 270
Full-Text Articles in Judges
Major Questions About Presidentialism: Untangling The “Chain Of Dependence” Across Administrative Law, Jed Handelsman Shugerman, Jodi L. Short
Major Questions About Presidentialism: Untangling The “Chain Of Dependence” Across Administrative Law, Jed Handelsman Shugerman, Jodi L. Short
Faculty Scholarship
A contradiction about the role of the president has emerged between the Roberts Court’s Article II jurisprudence and its Major Questions Doctrine jurisprudence. In its appointment and removal decisions, the Roberts Court claims that the president is the “most democratic and politically accountable official in Government” because the president is “directly accountable to the people through regular elections,” an audacious new interpretation of Article II; and it argues that tight presidential control of agency officials lends democratic legitimacy to the administrative state. We identify these twin arguments about the “directly accountable president” and the “chain of dependence” as the foundation …
Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd
Remembering The Hon. Viola J. Taliaferro, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Judge Viola J. Taliaferro, a pathbreaking jurist in Monroe County and renowned advocate for its children, passed away Monday, June 12 in Bloomington.
A 1977 graduate of the Indiana University Maurer School of Law, Taliaferro entered the legal profession later in life, but wasted no time making an immediate—and lasting—impact on her local community.
Viola Taliaferro earned a Master of Liberal Arts degree from Johns Hopkins University in 1969. By then she and George had four children, and the family returned to Bloomington—where George had played for the Indiana University Hoosier football team—in 1972.
Three years later she enrolled at …
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa
Dean's Desk: Recognizing Iu Maurer Alumnae Who Have Made A Difference, Christiana Ochoa
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
A couple weeks ago, I had the opportunity to welcome future law students as part of our annual Admitted Student Day. From their seats in the Kathleen and Ann DeLaney Moot Court Room, they look to the front of the room where they see the portraits of four trailblazing alumnae who have made indelible marks on the judiciary. Juanita Kidd Stout ’48, Sue Shields ’61, Linda Chezem ’71 and Loretta Rush ’83 all face out into the sea of newly admitted students who one day hope to forge paths of their own.As we celebrate Women’s History Month, I wanted to …
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Supplementing The Record: The Life And Career Of Judge Edmund L. Palmieri, Todd C. Peppers, Bridget Tainer-Parkins
Supplementing The Record: The Life And Career Of Judge Edmund L. Palmieri, Todd C. Peppers, Bridget Tainer-Parkins
Research Papers
For approximately ninety years, lower federal court judges have hired law clerks to process the work of the courts. While the law clerks typically go onto successful careers as attorneys, law professors, government officials, and judges, it is rare that the former apprentices become so famous that their mentors are lost in their oversized shadows. This is the case, however, for former federal district court Judge Edmund L. Palmieri. A highly respected jurist who sat in the Southern District of New York for over three decades, Palmieri has seemingly become the answer to the following trivial pursuit question: "What federal …
Dean’S Desk: The Iu Maurer School Of Law And The Indiana Supreme Court, Christiana Ochoa
Dean’S Desk: The Iu Maurer School Of Law And The Indiana Supreme Court, Christiana Ochoa
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
On Nov. 1, my first day as the 17th dean of the Indiana University Maurer School of Law, I attended the robing ceremony for Derek Molter, Indiana’s 111th Supreme Court justice. This public ceremony was an opportunity for those in attendance to celebrate Justice Molter’s formal swearing in, which had occurred privately on Sept. 1. For the IU Maurer School of Law, it was also an opportunity to celebrate Justice Molter joining three other IU Maurer alumni on the five-person court.
Established in 1816, the court precedes our law school by about 30 years. Still, for most of Indiana’s history, …
Law Dean’S Letter Urges Confirmation Of Biden’S Historic Scotus Pick, Ketanji Brown Jackson, Angela Onwuachi-Willig
Law Dean’S Letter Urges Confirmation Of Biden’S Historic Scotus Pick, Ketanji Brown Jackson, Angela Onwuachi-Willig
Shorter Faculty Works
In a letter citing Black women’s underrepresentation on the federal bench, Angela Onwuachi-Willig, dean of the BU School of Law, and more than 200 other Black women law deans and professors urged the US Senate on Friday to confirm President Joe Biden’s nominee, Ketanji Brown Jackson, to the nation’s highest court “swiftly and with bipartisan support.”
Gertrude Jenkins, Unplugged, Todd C. Peppers
Gertrude Jenkins, Unplugged, Todd C. Peppers
Scholarly Articles
Gertrude Jenkins worked for U.S. Chief Justice Harlan Fiske Stone until his death in 1946. Adept at multi-tasking, she also ran a boarding house to make more money. A position as a floating secretary was created for Jenkins at the Court, and she worked in other chambers as well as the Court library until October 1949, when she accepted a position in Justice Frankfurter’s chambers. Jenkins retired in August 1953.
Gertrude Jenkins’s letters neither shed light on the grand constitutional issues of her day nor provide insights into the justices’ jurisprudential views. They will not cause historians to radically reevaluate …
Judge James A. Wynn, Originalism, And The Juridical/Judicial Role, Michael E. Tigar
Judge James A. Wynn, Originalism, And The Juridical/Judicial Role, Michael E. Tigar
Faculty Scholarship
No abstract provided.
An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law
An Uncomfortable Truth: Indigenous Communities And Law In New England: Roger Williams University Law Review Symposium 10/22/2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Law School News: Logan Article Central To Scotus Dissent, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Honors Theses
Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.
The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson
Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson
Faculty Scholarship
Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …
An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo
An Analysis Of The Competing Views On The Interpretation Of The U.S. Constitution, Joseph Longo
Senior Honors Theses
This thesis will examine the competing interpretations of the United States Constitution and the different effects these interpretations would have on the American government and legal systems. By examining legal precedents and different philosophical views, the varying interpretations will be examined and put through real-world scenarios. The founding of America was over 200 years ago, but philosophical views throughout history shall be used in the understanding of the different interpretations and real-world consequences. The thesis will not claim that one interpretation is proper and the perfect one for the United States, rather it will challenge each view in an attempt …
Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden
Law School News: Rwu Law Announces Rbg Contest For K-12 Students 12-2-2020, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law
Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski
Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski
Law Faculty Scholarship
No abstract provided.
History Of The First Women Project, Nicole P. Dyszlewski
History Of The First Women Project, Nicole P. Dyszlewski
Law Faculty Scholarship
No abstract provided.
Inside Baseball: Justice Blackmun And The Summer Of '72, Savanna L. Nolan
Inside Baseball: Justice Blackmun And The Summer Of '72, Savanna L. Nolan
Articles, Chapters and Online Publications
This article examines the historical context of Justice Blackmun's infamous opinion from Flood v. Kuhn, also known as the baseball case. Analysis includes discussion of recently re-discovered personal letters between Justices Powell and Blackmun.
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Against Executive-Controlled Administrative Law Judges, Stephanie N. Higginson
Harvey M. Applebaum ’59 Award
No abstract provided.
When Plea Bargaining Became Normal, William Ortman
When Plea Bargaining Became Normal, William Ortman
Law Faculty Research Publications
No abstract provided.
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
Publications
Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.
We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …
Memorializing Dissent: Justice Pal In Tokyo, Mark A. Drumbl
Memorializing Dissent: Justice Pal In Tokyo, Mark A. Drumbl
Scholarly Articles
Memorials and monuments are envisioned as positive ways to honor victims of atrocity. Such displays are taken as intrinsically benign, respectful, and in accord with the arc of justice. Is this correlation axiomatic, however? Art, after all, may be a vehicle for multiple normativities, contested experiences, and variable veracities. Hence, in order to really speak about the relationships between the aesthetic and international criminal law, one must consider the full range of initiatives—whether pop-up ventures, alleyway graffiti, impromptu ceremonies, street art, and grassroots public histories—prompted by international criminal trials. Courts may be able to stage their own outreach, to be …
Chief Justice Melville Weston Fuller And The Great Mustache Debate Of 1888, Todd C. Peppers
Chief Justice Melville Weston Fuller And The Great Mustache Debate Of 1888, Todd C. Peppers
Scholarly Articles
Over the long history of the Supreme Court, nominees to the highest court in the land have been opposed for a variety of reasons. Often opponents are concerned about the nominee’s political ideology or competency. Occasionally, allegations are raised about political cronyism. And candidates have come under fire for their religion. But nominee Melville Weston Fuller’s selection launched a national debate that went to the very heart of what makes one qualified to sit on the Supreme Court: whether a judge should have a mustache.
On March 23, 1888, Morrison R. Waite died of pneumonia after sitting for fourteen years …
A Secretary's Absence For A Law School Examination, Todd C. Peppers
A Secretary's Absence For A Law School Examination, Todd C. Peppers
Scholarly Articles
The May 5, 1893 letter from Justice Horace Gray to Chief Justice Melville Weston Fuller touches upon several different strands of Supreme Court history. To place the letter in context, we need to briefly discuss the creation of the law clerk position as well as the different functions of this first generation of law clerks. And we need to talk about the untimely death of a young Harvard Law School graduate named Moses Day Kimball.
National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, Joshua E. Kastenberg
National Security And Judicial Ethics: The Exception To The Rule Of Keeping Judicial Conduct Judicial And The Politicization Of The Judiciary, Joshua E. Kastenberg
Faculty Scholarship
This article is divided into three sections, and it incorporates original research from the personal correspondences of several judges and justices. This article includes unpublished correspondences from various judicial collections at the Library of Congress, the Bentley Historical Library at the University of Michigan, the Washington and Lee School of Law’s special collections, the Richard Nixon and Ronald Reagan Presidential Libraries, the National Library of Australia in Canberra, and Canada’s National Archives in Ottawa. The first section analyzes the current framework governing judicial disqualification based on the separation of powers doctrine as well as the right to an impartial judiciary, …
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux
Publications
This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.
The Supreme Court’S Two Constitutions: A First Look At The “Reverse Polarity” Cases, Arthur D. Hellman
The Supreme Court’S Two Constitutions: A First Look At The “Reverse Polarity” Cases, Arthur D. Hellman
Articles
In the traditional approach to ideological classification, “liberal” judicial decisions are those that support civil liberties claims; “conservative” decisions are those that reject them. That view – particularly associated with the Warren Court era – is reflected in numerous academic writings and even an article by a prominent liberal judge. Today, however, there is mounting evidence that the traditional assumptions about the liberal-conservative divide are incorrect or at best incomplete. In at least some areas of constitutional law, the traditional characterizations have been reversed. Across a wide variety of constitutional issues, support for claims under the Bill of Rights or …
The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens
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.