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

Legal History Commons

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

Articles 1 - 10 of 10

Full-Text Articles in Legal History

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee

The Journal of Appellate Practice and Process

Rex E. Lee had a gift for befriending everyone he met. This gift allowed him to treat oral arguments as a conversation with a friend. This approach led to a successful and influential career as an oral advocate.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen

The Journal of Appellate Practice and Process

Rex Lee had the daunting task of opening a new law school. He carried this burden with minimal experience in legal education. Lee used his gift for making everyone that he met feel like a close friend to recruit an exceptional faculty. An impressive student body followed. The Brigham Young Law School is now a greatly respected institution thanks to the path that Rex Lee paved.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh

The Journal of Appellate Practice and Process

Rex E. Lee lived a distinguished life as an advocate and educator. He clerked for Justice Byron White and then went on to private practice. He became founding dean of Brigham Young Law School and moved the program flawlessly through the accreditation process. Lee then moved on to become an Assistant Attorney General before Solicitor General of the United States. Lee's respect for the tradition of the independence of the office of Solicitor General ultimately cost him his position as Solicitor. Lee went on to live an active and successful life before succumbing to cancer.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks

The Journal of Appellate Practice and Process

Rex Lee was a talented pupil and obvious choice to be the first dean for the new Brigham Young Law School. Lee maintained a balanced life and devotion to his faith all through his life.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith

The Journal of Appellate Practice and Process

Rex Lee lived a life of faith. He had faith in the legal profession, faith in the United States Constitution, faith in education, faith in family, and faith in God.


In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman Oct 2001

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

The Journal of Appellate Practice and Process

The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.


The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton Oct 2001

The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton

The Journal of Appellate Practice and Process

A state solicitor gives an attorney general a specialist to turn to for appellate advice. The solicitor's ability to influence what position the state takes and what cases to pursue allows the solicitor to affect the development of law. The number of states with solicitors has grown from eight to twenty-four since 1987. Despite the similarities between state solicitors and the Solicitor General of the United States, there are many differences between the two roles.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85 Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85

The Journal of Appellate Practice and Process

A brief biography on the Solicitor General of the United States from 1981-85.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips

The Journal of Appellate Practice and Process

Appellate advocacy is rarely a solo practice. Trial lawyers' intimate knowledge of the record often makes them invaluable in preparing a case for appeal. Rex E. Lee's ability to work with other lawyers made him an exceptional appellate advocate. In addition, his appreciation for teamwork influenced how he ran the office of the Solicitor General. Lee required every legal assistant to advise lawyers about every edit or change to arguments and briefs that the assistants found necessary. Lee treated the offices under the Solicitor General as clients rather than subordinates.


Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown Apr 2001

Judging In The Days Of The Early Republic: A Critique Of Judge Richard Arnold's Use Of History In Anastasoff V. United States, R. Ben Brown

The Journal of Appellate Practice and Process

Judge Arnold writes in his opinion that courts have the power to interpret or find the law but not create it. He argues that this practice was well established during colonial times and that it was adopted at the nation’s creation. The source of law during the formation of the United States is not as clear as Judge Arnold claims. Courts applied their roles differently in each jurisdiction. The complex history of the appropriate role of the judiciary contradicts Judge Arnold’s claim.