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Full-Text Articles in Law
One Of The Good Guys: The Making Of A Justice – Reflections On My First 94 Years, Jamal Greene
One Of The Good Guys: The Making Of A Justice – Reflections On My First 94 Years, Jamal Greene
Faculty Scholarship
John Paul Stevens’s first published judicial opinion was a Dissent. He joined the Seventh Circuit a few days after the court issued its opinion in Groppi v. Leslie, and dissented soon afterward when the court upheld that decision on rehearing. Wilbur Pell, who until Stevens joined was the only Republican among the Seventh Circuit’s seven active judges, wrote both Groppi opinions. Yet Stevens, brand new to the court, dissented from Pell’s opinion on rehearing.
There was no reason to think Father Groppi, who was arrested for leading a demonstration that interrupted the Wisconsin Assembly’s work, was innocent of legislative …
Chief Justice Rehnquist, Pluralist Theory, And The Interpretation Of Statutes, Thomas W. Merrill
Chief Justice Rehnquist, Pluralist Theory, And The Interpretation Of Statutes, Thomas W. Merrill
Faculty Scholarship
Chief Justice William H. Rehnquist is often viewed as the ultimate "political" judge. According to Mark Tushnet, for example, "[o]ne could account for perhaps ninety percent of Chief Justice Rehnquist' s bottom-line results by looking, not at anything in the United States Reports, but rather at the platforms of the Republican Party." Nowhere is this attitude more prevalent than with respect to issues of statutory interpretation. When I informed colleagues I was working on an article about Chief Justice Rehnquist's theory of statutory interpretation, the almost universal response was: "What theory?"
Contrary to the common view that Chief Justice Rehnquist …
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Faculty Scholarship
Bruce Ackerman and Charles Fried's rich essays address the subject of Justice Harlan as a conservative. One who comes to this topic has in mind questions like: Was Justice Harlan a conservative? If so, what kind of a conservative was he? How did his judicial actions exemplify a conservative approach? Most importantly, is his conservatism an appealing model for modern judicial practice?
Professors Ackerman and Fried's slices on this topic reflect their own casts of mind and philosophies of judging. Fried looks at a broad range of Justice Harlan's opinions and sets them against particular conservative qualities that Fried commends. …