Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 27 of 27

Full-Text Articles in Judges

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman Jan 2024

The Pioneers, Waves, And Random Walks Of Securities Law In The Supreme Court, Elizabeth Pollman

Seattle University Law Review

After the pioneers, waves, and random walks that have animated the history of securities laws in the U.S. Supreme Court, we might now be on the precipice of a new chapter. Pritchard and Thompson’s superb book, A History of Securities Law in the Supreme Court, illuminates with rich archival detail how the Court’s view of the securities laws and the SEC have changed over time and how individuals have influenced this history. The book provides an invaluable resource for understanding nearly a century’s worth of Supreme Court jurisprudence in the area of securities law and much needed context for …


Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells Jan 2024

Three Stories: A Comment On Pritchard & Thompson’S A History Of Securities Laws In The Supreme Court, Harwell Wells

Seattle University Law Review

Adam Pritchard and Robert Thompson’s A History of Securities Laws in the Supreme Court should stand for decades as the definitive work on the Federal securities laws’ career in the Supreme Court across the twentieth century.1 Like all good histories, it both tells a story and makes an argument. The story recounts how the Court dealt with the major securities laws, as well the agency charged with enforcing them, the Securities and Exchange Commission (SEC), and the rules it promulgated, from the 1930s into the twenty-first century. But the book does not just string together a series of events, “one …


Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg Jan 2021

Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg

Faculty Publications

Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. …


Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson Jan 2021

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 …


Review Of Joel Richard Paul, Without Precedent: Chief Justice John Marshall And His Times, Pat Newcombe Jan 2019

Review Of Joel Richard Paul, Without Precedent: Chief Justice John Marshall And His Times, Pat Newcombe

Faculty Scholarship

This Article reviews Joel Richard Paul's book, Without Precedent: Chief Justice John Marshall and His Times. The Author found this scholarly work to be very readable. Paul relies on ample and deep primary sources, yet manages to present John Marshall in a very human and accessible way. This narrative would be an excellent selection for any academic or public library, especially those that collect in the American history area, and it is highly recommended.


Justice Blackmun And Individual Rights, Diane P. Wood Oct 2017

Justice Blackmun And Individual Rights, Diane P. Wood

Dickinson Law Review (2017-Present)

Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …


Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan Oct 2017

Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan

Dickinson Law Review (2017-Present)

No abstract provided.


Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore Oct 2017

Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore

Dickinson Law Review (2017-Present)

No abstract provided.


The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr. Jan 2017

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson Jul 2000

Statutory Interpretation And Mr. Justice Rutledge, Nathaniel L. Nathanson

Indiana Law Journal

No abstract provided.


Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith Jan 1996

Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith

Seattle University Law Review

At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …


Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr. Jan 1983

Book Review: Earl Warren: A Public Life, By G. Edward White, Edward A. Purcell Jr.

Other Publications

No abstract provided.


William 0. Douglas: An Appreciation, Abe Fortas Oct 1975

William 0. Douglas: An Appreciation, Abe Fortas

Indiana Law Journal

No abstract provided.


Mr. Justice Douglas, Robert A. Sprecher Oct 1975

Mr. Justice Douglas, Robert A. Sprecher

Indiana Law Journal

No abstract provided.


Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson Oct 1974

Justice Sherman Minton And The Balance Of Liberty, David N. Atkinson

Indiana Law Journal

No abstract provided.


Mr. Justice Rutledge, Fred M. Vinson Jul 1960

Mr. Justice Rutledge, Fred M. Vinson

Indiana Law Journal

No abstract provided.


The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis Oct 1953

The Appointment Of Mr. Justice Harlan, Ellwood W. Lewis

Indiana Law Journal

No abstract provided.


Samuel E. Perkins: A Judge In Politics, Hugh P. Husband Jr. Oct 1952

Samuel E. Perkins: A Judge In Politics, Hugh P. Husband Jr.

Indiana Law Journal

No abstract provided.


Mr. Justice Rutledge - The Man, Irving Brant Jul 1950

Mr. Justice Rutledge - The Man, Irving Brant

Indiana Law Journal

No abstract provided.


Rutledge And Civil Liberties, W. Howard Mann Jul 1950

Rutledge And Civil Liberties, W. Howard Mann

Indiana Law Journal

No abstract provided.


The Commerce Power: An Instrument Of Federalism, Albert S. Abel Jul 1950

The Commerce Power: An Instrument Of Federalism, Albert S. Abel

Indiana Law Journal

No abstract provided.


Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson Jul 1950

Mr. Justice Rutledge - Law Clerks' Reflections, Victor Brudney, Richard F. Wolfson

Indiana Law Journal

No abstract provided.


Teacher Of Men, W. Willard Wirtz Jul 1950

Teacher Of Men, W. Willard Wirtz

Indiana Law Journal

No abstract provided.


Mr. Justice Rutledge, Hugo L. Black Jul 1950

Mr. Justice Rutledge, Hugo L. Black

Indiana Law Journal

No abstract provided.


Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper Jul 1950

Mr. Justice Rutledge And Full Faith And Credit, Fowler Harper

Indiana Law Journal

No abstract provided.


Cardozo And The Supreme Court, Samuel Jackson Jun 1932

Cardozo And The Supreme Court, Samuel Jackson

Indiana Law Journal

No abstract provided.