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University of Missouri School of Law

Journal

2005

Judicial decisions

Articles 1 - 3 of 3

Full-Text Articles in Law

Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells Nov 2005

Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells

Missouri Law Review

Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.


Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle Nov 2005

Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle

Missouri Law Review

The [Blackmun] Papers have extensive correspondence, diaries, and other documents illuminating the relationship between Blackmun and Burger. The general thesis presented by Woodward & Amrstrong, Lewis, Greenhouse, Totenberg, and Munford is accurate. This article examines the Papers in detail, against the backdrop of the literature on collegiality. We find a very complex relationship: in the 1950s and 1960s, Burger provided a vital Washington connection for, and political clout to, Blackmun. During those two decades, Blackmun was a key link back to Minnesota, and a solic supporter for Burger. When the two became colleagues on the Supreme Court in 1970, their …


Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson Nov 2005

Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson

Missouri Law Review

Justice Blackmun's legacy is strongly linked to two issues - abortion and capital punishment. Blackmun's opinions in these controversial areas account for much of the notion that his ideology changed while on the Court. Participants in this Symposium have reflected on these and other areas where Justice Blackmun left his mark on American law. Professor Deason explores the arbitrability cases and shows that the Court struggled - and Justices changed their minds - even in connection with relatively technical legal issues arising in non-controversial commercial contexts. One reason the Court struggles with some issues is that legal standards are (or …