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Articles 1 - 30 of 30
Full-Text Articles in Law
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers
Scholarly Articles
Lyria was one of a small handful of women who graduated from a Louisiana law school in the 1930’s. Despite the employment barriers facing female attorneys, she went on to become one of the first female law clerks in both the federal and state judiciary. To date, Lyria’s story has not been told. I have recently discovered, however, that Lyria’s children and grandchildren preserved her letters to her family. They are a treasure trove of information about a woman whose career took her from rural Louisiana to Louisiana’s highest court as well as the post-war ruins of Nazi Germany. The …
Arthur A. Thomas: A Hero Of A Valet, Todd C. Peppers
Arthur A. Thomas: A Hero Of A Valet, Todd C. Peppers
Scholarly Articles
During his time on the Supreme Court, Justice Oliver Wendell Holmes Jr. was the beneficiary of adulation from his legal secretaries (today we refer to them as law clerks) and young legal scholars, like Felix Frankfurter and Harold Laski. While the Justice basked in the warm glow of their hero worship, he was quick to point out to them that “no man is a hero to his valet.” The phrase was not original to Holmes, although the expression sounds like it sprang from his clever mind. The underlying meaning is simple—the servant tending daily to his employer sees flaws and …
The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education, Todd C. Peppers
The Chief Justice And The Page: Earl Warren, Charles Bush, And The Promise Of Brown V. Board Of Education, Todd C. Peppers
Scholarly Articles
In October Term 1954, the Supreme Court heard oral arguments regarding the implementation of the Brown decision. The resulting opinion is commonly referred to as “Brown II.” In his unanimous opinion, Chief Justice Earl Warren ordered local school districts to desegregate their schools “with all deliberate speed.” Supporters of immediate integration were dismayed by the vague language, which ultimately allowed southern states to use a variety of tactics to deliberately evade and resist the Court’s mandate that public schools be desegregated.
What has been forgotten in the discussion of Brown II and the “all deliberate speed” standard is that …
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 …
Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers
Cancelling Justice? The Case Of James Clark Mcreynolds, Todd C. Peppers
Scholarly Articles
Over the last several years, there has been a vigorous debate as to whether monuments and memorials of Confederate leaders and controversial historical figures should be purged from the public square. These conversations have included former Supreme Court justices and have led to the removal of multiple statues of former Chief Justice Roger Taney, author of the infamous “Dred Scott” decision. Drawing on the arguments mounted for and against the removal of statues, this article explores the decision of a small liberal arts college to strip the name of former Supreme Court Justice James Clark McReynolds from a campus building. …
Where's Rudy?, James E. Moliterno
Where's Rudy?, James E. Moliterno
Scholarly Articles
Choice of law in lawyer discipline matters, and the language among the popular choice of law rules in use matters. The core goals of choice of law principles should not limit the choices to the states in which a lawyer has a full, formal license. Doing so undermines the modern choice of law interests analysis by eliminating jurisdictions that may have the greatest interest in the conduct.
Lawyers cross borders physically and electronically on a daily basis. Accordingly, choice of law rules are critical, especially when a lawyer engages in missions that are targeted at particular jurisdictions, as Rudy Giuliani …
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 …
Deborah Gelin: Supreme Court Pioneer, Todd C. Peppers
Deborah Gelin: Supreme Court Pioneer, Todd C. Peppers
Scholarly Articles
Monday, October 2, 1972 was a momentous day at the United States Supreme Court. At approximately 10:00 a.m., the Justices processed into the com1room to start October Term 1972. For the first time in the Court's history, a young woman took a seat on the raised rostrum. She was not Sandra Day O'Connor, who would become the first female Justice approximately nine years later. Her name was Deborah Gelin, and she was a fourteen-year-old high school student from Rockville, Maryland. Hired by the Court in September of 1972, Gelin was the first young woman to serve as a Supreme Court …
Mourning The Magnificent Yankee: The Funeral Of Oliver Wendell Holmes, Jr., Todd C. Peppers
Mourning The Magnificent Yankee: The Funeral Of Oliver Wendell Holmes, Jr., Todd C. Peppers
Scholarly Articles
Funerals of Supreme Court Justices are now complicated and highly choreographed affairs. Lying in repose in the Great Hall at the Supreme Court. Funeral services in the grand Washington National Cathedral. Eulogies from fellow Justices, former law clerks, and prominent legal figures. Live coverage by national television networks. But for one of the greatest jurists to sit on the Supreme Court, a simple Unitarian service and the rites accorded an old soldier sufficed.
A Tribute To Professor Jonathan Rohr, Melanie D. Wilson
A Tribute To Professor Jonathan Rohr, Melanie D. Wilson
Scholarly Articles
A Tribute to Professor Jonathan Rohr.
On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller
On Hostility And Hospitality: Othering Pierre Legrand, Russell A. Miller
Scholarly Articles
Pierre Legrand's return to the pages of the American Journal of Comparative Law after nearly twenty years is cause for reflection on the reasons for this prolific comparatist's absence from one of the discipline's leading scholarly fora. One reason is the widespread disdain aimed at Legrand as a result of his persistent, sharply critical, and often pointedly personal crusade against the discipline's accepted approaches and their most prominent practitioners. This is partly the nature of the article he publishes in this collection, which features a no-holds-bared, uncomplimentary assessment of the work of James Gordley. In this Article I argue that …
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
Scholarly Articles
Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …
Justice Stevens And Securities Law, Lyman P.Q. Johnson, Jason A. Cantone
Justice Stevens And Securities Law, Lyman P.Q. Johnson, Jason A. Cantone
Scholarly Articles
In this Article, we tell the overlooked story of Justice Stevens's important role in Supreme Court securities law decisions. In Part I, where we briefly highlight Stevens's career before his 1975 appointment to the Supreme Court, we observe that we can identify no evident interest in or connection to federal securities law or the securities industry, making his contributions all the more remarkable. The only foreshadowing of his prolific opinion-writing on the subject of securities law was his voluminous writing of opinions, in general, while serving on the Seventh Circuit Court of Appeals. This commitment to authoring opinions stemmed, in …
Justice Scalia's Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. Macdonnell
Justice Scalia's Fourth Amendment: Text, Context, Clarity, And Occasional Faint-Hearted Originalism, Timothy C. Macdonnell
Scholarly Articles
Since joining the United States Supreme Court in 1986, Justice Scalia has been a prominent voice on the Fourth Amendment, having written twenty majority opinions, twelve concurrences, and six dissents on the topic. Under his pen, the Court has altered its test for determining when the Fourth Amendment should apply; provided a vision to address technology's encroachment on privacy; and articulated the standard for determining whether government officials are entitled to qualified immunity in civil suits involving alleged Fourth Amendment violations. In most of Justice Scalia's opinions, he has championed an originalist/textualist theory of constitutional interpretation. Based on that theory, …
Justice Hugo Black And His Law Clerks: Match-Making And Match Point, Todd C. Peppers
Justice Hugo Black And His Law Clerks: Match-Making And Match Point, Todd C. Peppers
Scholarly Articles
Like other Justices on the Supreme Court, Justice Black hired law clerks to assist with the work of the Court. Each year, his law clerks would assist in reviewing cert. petitions, doing legal research, and editing opinion drafts. These job duties, however, were only one dimension of the Black clerkship. As the Justice himself once remarked to a law-clerk applicant, “I don’t pick my law clerks for what they can do for me, I pick my law clerks for what I can do for them.”
Isaiah And His Young Disciples: Justice Brandeis And His Law Clerks, Todd C. Peppers
Isaiah And His Young Disciples: Justice Brandeis And His Law Clerks, Todd C. Peppers
Scholarly Articles
It cannot be said that Louis Dembitz Brandeis has suffered from a lack of scholarly attention. Brandeis is considered to be one of the most influential Justices in the history of the U.S. Supreme Court, and scores of books and law-review articles have been written about Brandeis the lawyer, the political insider, the Zionist, and the Justice. A case can be made, however, that history has not fully recognized the important and lasting contribution that Brandeis made to the development of the institutional rules and norms surrounding the Supreme Court law clerk, an oversight that this essay seeks to rectify.
Roger Groot, Legal Historian, David K. Millon
Roger Groot, Legal Historian, David K. Millon
Scholarly Articles
A tribute to Professor Roger Groot.
Roger, Lyman P.Q. Johnson
Roger, Lyman P.Q. Johnson
Scholarly Articles
A tribute to Professor Roger Douglas Groot.
Roger Douglas Groot: A Personal Memoir, Ann Maclean Massie
Roger Douglas Groot: A Personal Memoir, Ann Maclean Massie
Scholarly Articles
A tribute to Professor Roger Douglas Groot.
A Man Standing High, November 15, 2005, Andrew W. Mcthenia
A Man Standing High, November 15, 2005, Andrew W. Mcthenia
Scholarly Articles
A tribute to Professor Roger Douglas Groot.
A Tribute To Lewis H. Larue, Andrew W. Mcthenia
A Tribute To Lewis H. Larue, Andrew W. Mcthenia
Scholarly Articles
A tribute to Professor Lewis H. LaRue.
A Tribute To Frederic L. Kirgis, David K. Millon
A Tribute To Frederic L. Kirgis, David K. Millon
Scholarly Articles
A tribute to Professor Frederic L. Kirgis.
A Tribute To Frederic L. Kirgis, Mark A. Drumbl
A Tribute To Frederic L. Kirgis, Mark A. Drumbl
Scholarly Articles
A tribute to Professor Frederic L. Kirgis.
A Tribute To Frederic L. Kirgis, Samuel W. Calhoun
A Tribute To Frederic L. Kirgis, Samuel W. Calhoun
Scholarly Articles
A tribute to Professor Frederic L. Kirgis.
A Tribute To Edward O. Henneman, Robert T. Danforth
A Tribute To Edward O. Henneman, Robert T. Danforth
Scholarly Articles
A tribute to Professor Edward O. Henneman.
A Tribute To Frederic L. Kirgis, Joan M. Shaughnessy
A Tribute To Frederic L. Kirgis, Joan M. Shaughnessy
Scholarly Articles
A tribute to Professor Frederic L. Kirgis.
A Tribute To Andrew W. Mcthenia, Jr., Samuel W. Calhoun
A Tribute To Andrew W. Mcthenia, Jr., Samuel W. Calhoun
Scholarly Articles
A tribute to Professor Andrew W. McThenia, Jr.
A Tribute To Barry Sullivan, Joan M. Shaughnessy
A Tribute To Barry Sullivan, Joan M. Shaughnessy
Scholarly Articles
A tribute to Professor Barry Sullivan.
A Tribute To Barry Sullivan, Andrew W. Mcthenia
A Tribute To Barry Sullivan, Andrew W. Mcthenia
Scholarly Articles
A tribute to Professor Barry Sullivan.
A Tribute To J. Timothy Philipps, Andrew W. Mcthenia
A Tribute To J. Timothy Philipps, Andrew W. Mcthenia
Scholarly Articles
A tribute to Professor J. Timothy Philipps.