Law Commons^™

Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman

Alfred Aman Jr. (1991-2002)

After nearly 50 years of practicing, teaching, and administration, Alfred C. (Fred) Aman, Jr., took emeritus status at the end of the 2019–2020 academic year. Earlier this fall, he visited with ergo editor Ken Turchi to reflect on his distinguished career.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.

Seattle University Law Review

This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.

Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie

Seattle University Law Review

President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …

Bicentennial Alumni Research Project, Indiana University Maurer School Of Law

Historic Documents

In summer 2020, eighteen incoming law students (0Ls) were chosen as IU Maurer School of Law Bicentennial Research Scholars to work with Dean Austen Parrish and Libby Steinbach (Executive Assistant in the Dean's Office) over a two-month period in June and July 2020. The scholars were asked to interview a range of alumni who volunteered to be interviewed and who have played an important role in the life of law school. Scholars were tasked with writing an alumni profile for each alumnus interviewed. This report is the result of those efforts and a compilation of the alumni profiles.

Tribute To Professor Samuel W. Calhoun, Doug Ammar, David Carson, Kelly Faglioni, John Fishwick, Mark Grunewald, Stephen Halpin, Brandon Hasbrouck, Brant Hellwig, Lyman Johnson, Bill Johnston, Rick Kirgis, Brian Murchison, Joan Shaughnessy, Howard Wall

Washington and Lee Law Review

A tribute to Professor Samuel W. Calhoun, who served on the faculty of the Washington and Lee University School of Law from 1978 to 2020. Calhoun became Professor of Law, Emeritus in 2020.

Nicholas C. Howson's Tribute To Professor William P. Alford, Nicholas C. Howson

Articles

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle

Articles

Through the eyes of Charles Pendleton’s memoirs, this article walks through a rural community with a county attorney to consider how race, religion, gender, and sexuality influenced rural prosecutorial discretion in the early twentieth century. Rural communities like those in Buena Vista County, Iowa, where the article is centered, experienced “the law” through distinctly isolated geographies and social networks that lacked anonymity and thus shaped available methods of conflict resolution. But anonymity did not mean homogeneity. Ethnic, racial, and religious diversity created divisions within a community where social distance between individuals was small. Both onymity and diversity shaped who should …

Racism Is A Life Issue Panel Discussion, Marcus Cole, Katrina Jackson, Ernest Morrell, Gloria Purvis, Jacqueline Rivers, Benjamin Watson, Carter Snead

2019–Present: G. Marcus Cole

Jul 28, 2020

A moderated discussion on racism and the culture of life with distinguished panelists G. Marcus Cole (Dean, Notre Dame Law School), Sen. Katrina Jackson (Louisiana State Senate), Ernest Morrell (University of Notre Dame), Gloria Purvis (EWTN Global Catholic Radio), Jacqueline Rivers (Harvard University), and Benjamin Watson (NFL Legend).

Tribute To Professor Mary Z. Natkin, David Carson, Christine Greene, Mark Grunewald, Howard Highland, Brianne Kleinert, Brian C. Murchison, Debbie Price, Sheryl Salm, Joan Shaughnessy

Washington and Lee Law Review

A tribute to Professor Mary Z. Natkin, who served on the faculty of the Washington and Lee University School of Law from 1987 to 2020. Professor Natkin is also an alumna of W&L Law, having graduated with the Class of 1985.

Breaking Down Systemic Barriers Around African American Entrepreneurship, Marcus Cole, Bryan Ritchie, Philip Gaskin, Andrew Welters

2019–Present: G. Marcus Cole

Jul 1, 2020

The benefits of entrepreneurship are well documented. Startups are responsible for nearly all job growth in the United States, experience growth rates substantially higher than other businesses, can help eliminate poverty and have an outsized impact on overall economic productivity and GDP. Despite this, entrepreneurship and venture capital have been largely closed to minorities, with African Americans being impacted particularly hard.

African Americans make up approximately 13 percent of the U.S. population yet only 2.2 percent of small businesses are owned by them. By comparison, whites make up approximately 60 percent of the population but own 82.5 …

Live Chat With Marcus Cole, Marcus Cole, Lou Nanni

2019–Present: G. Marcus Cole

Jun 17, 2020

Join G. Marcus Cole, the Joseph A. Matson Dean of Notre Dame Law School, for a live chat about current events and his vision for new initiatives at the Law School.

Dean G. Marcus Cole: 'I Am George Floyd. Except, I Can Breathe. And I Can Do Something.', Marcus Cole

2019–Present: G. Marcus Cole

Dean Marcus Cole makes a passionate statement regarding racial violence. He recounts his childhood memories and outlines the three steps he is taking to restore the vision of Father Hesburgh's original vision for Notre Dame Law School.

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Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe.

In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal sentencing and his strong disagreement with the U.S. Sentencing Guidelines by telling the stories of some of the 400 men and women he sentenced during his twenty-five years as a federal judge.

Pillars Of Justice: Lawyers And The Liberal Tradition, By Owen Fiss, Saba Samanian

Osgoode Hall Law Journal

AT TIMES, IT IS POSSIBLE TO UNDERESTIMATE, or perhaps momentarily forget, the individuals who have been instrumental in shaping the evolution of the justice system. Thankfully, Pillars of Justice by Owen Fiss serves as a reminder of the resilience and the triumph of such individuals. Each chapter of the book is dedicated to someone who he considers to have made a significant contribution to justice, and, as such, has become a personal hero.

The Passion Of John Paul Stevens, Linda Greenhouse

Michigan Law Review

Review of John Paul Stevens' The Making of a Justice: Reflections on My First 94 Years.

Dean's Desk: Amid Covid-19 Shutdown, Iu Maurer Displays Resilience, Austen L. Parrish

Austen Parrish (2014-2022)

The spring semester is coming to a close in Bloomington, but in ways none of us expected. The COVID-19 pandemic required us to shift to teaching remotely in a matter of days, and all on-campus events — including commencement — have been canceled or postponed. Fortunately, when classes resumed remotely March 30, our students, faculty and staff more than rose to the occasion and pulled together, and the transition has been smoother than expected.

Our community’s resilience and positive attitude through the pandemic have led me to reflect more broadly on the wonderful support — financial and otherwise — we …

#Nlawproud: G. Marcus Cole (Jd ’93), Marcus Cole

2019–Present: G. Marcus Cole

Apr 23, 2020

G. Marcus Cole (JD ’93) grew up in the Terrace Village housing projects in Pittsburgh, Pennsylvania. And even though he’d never met any lawyers, his parents and teachers were certain that’s what he was destined to be. Cole is now in his dream job, guiding the next generation of lawyers as the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going …

Justice Stevens And The Project Of Perfecting The Constitution, Katherine Shaw

Northwestern University Law Review

No abstract provided.

Sixty-Five Oral Arguments Were Not Enough: A Tribute To Justice Stevens From Across The Bench, Carter G. Phillips

Northwestern University Law Review

No abstract provided.

Judging And Baseball, Merritt E. Mcalister

Northwestern University Law Review

No abstract provided.

"The Function Of The Independent Lawyer As A Guardian Of Our Freedom": The Great Stevens Dissent In Walters, Andrew Koppelman

Northwestern University Law Review

No abstract provided.

In Memoriam, Hannah Mullen

Northwestern University Law Review

No abstract provided.

A Photo Tribute

Northwestern University Law Review

No abstract provided.

Price-Fixing In The Motion Picture Industry, John Paul Stevens

Northwestern University Law Review

No abstract provided.

Is Justice Irrelevant?, John Paul Stevens

Northwestern University Law Review

No abstract provided.

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick

Northwestern University Law Review

No abstract provided.