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Full-Text Articles in Law

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick Jan 2020

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

Scholarly Works

In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.

Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding ...


Arthur C. Y. Yao (1906-2004): A Pioneer Chinese Professor At St. Mary's University School Of Law, Robert H. Hu Jan 2020

Arthur C. Y. Yao (1906-2004): A Pioneer Chinese Professor At St. Mary's University School Of Law, Robert H. Hu

Faculty Articles

No abstract provided.


Equality Is A Brokered Idea, Robert Tsai Jan 2020

Equality Is A Brokered Idea, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie ...


The Myth Of The Country Lawyer, Judy Cornett Jan 2019

The Myth Of The Country Lawyer, Judy Cornett

UTK Law Faculty Publications

No abstract provided.


Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan Jan 2016

Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia's opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia's judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court ...


Camden Bibliography A Biography Of A Country Town, Ian C. Willis Jan 2015

Camden Bibliography A Biography Of A Country Town, Ian C. Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Camden Bibliography is an attempt to highlight some of the research that addresses the notion of Camden as a country town and the subsequent urbanisation of the Local Government Area. The sources listed in the bibliography cover the geographic area of the Camden district as defined by this author in his thesis, War and Community: The Red Cross in Camden, 1939-1945 (pp. 22-24) and the current Camden LGA. This area includes a number of villages to the west of Camden and the Burragorang Valley, which are all integral to the town's history and any interpretations drawn from it.


Governmental Power Versus Individual Liberty, Vincent R. Johnson Jan 2015

Governmental Power Versus Individual Liberty, Vincent R. Johnson

Faculty Articles

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty.

The public careers of Tom and Ramsey Clark were largely sequential, but ...


Memoirs, Thomas L. Shaffer Jan 2014

Memoirs, Thomas L. Shaffer

1971–1975: Thomas L. Shaffer

Table of Contents

Chapter 1 My Grandparents 1

Chapter 2 On the Goat Farm 32

Chapter 3 A Little Boy's War 41

Chapter 4 Back to the Mountains 49

Chapter 5 Shelledy School 61

Chapter 6 The Shop 66

Chapter 7 Printer's Devil 77

Chapter 8 Fruita Union High School 86

Chapter 9 My Year with the Monks 95

Chapter 10 U.S.A.F. 113

Chapter 11 Newfoundland 122

Chapter 12 The College 136

Chapter 13 Coming to Notre Dame 144

Chapter 14 Law School 158

Chapter 15 On the Track 165

Chapter 16 The Firm 173 ...


Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri Jan 2014

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

Faculty Scholarship at Penn Law

No abstract provided.


Reflections On The Life And Times Of Alan Watson, Camilla E. Watson Jan 2013

Reflections On The Life And Times Of Alan Watson, Camilla E. Watson

Scholarly Works

The author summarizes the career of Alan Watson, J.D. and University of Georgia Law School faculty member.


They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal Jan 2013

They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal

Faculty Scholarship at Penn Law

No abstract provided.


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Legal Education And Civility, Mark Niles Jan 2011

Legal Education And Civility, Mark Niles

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Remembering Ed Baker, Tobias Barrington Wolff Apr 2010

Remembering Ed Baker, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

This is a short biographical piece honoring and describing deceased colleague C. Edwin Baker.


Geoffrey C. Hazard, Jr., And The Lessons Of History, Tobias Barrington Wolff Apr 2010

Geoffrey C. Hazard, Jr., And The Lessons Of History, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

This is a biographical piece honoring Professor Geoffrey Hazard and his historical approach to the study of civil practice and procedure.


Remembering Ed Baker, Seth F. Kreimer Feb 2010

Remembering Ed Baker, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


A Dean's Perspective On Ed Baker, Michael A. Fitts Jan 2010

A Dean's Perspective On Ed Baker, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


A Time-Honored Model For The Profession And The Academy, Michael A. Fitts Jan 2010

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


A Wise Man Of The Law, Anthony J. Scirica Jan 2010

A Wise Man Of The Law, Anthony J. Scirica

Faculty Scholarship at Penn Law

No abstract provided.


Meese, Edwin Iii (1931 - ), Gary L. Mcdowell Jan 2009

Meese, Edwin Iii (1931 - ), Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

U.S. attorney general. Born in Oakland, Calif., Meese received a B.A. from Yale (1953) and an LL.B. from the University of California, Berkeley (1956). After working at the Piedmont, Calif., Recreation Department, he became deputy district attorney in Alameda county, Calif., in 1959. In 1967, he joined the staff of Governor Ronald Reagan as legal affairs secretary, holding this post until 1969, when he became Reagan's executive assistant and chief of staff. He also served as the chairman of the Governor's Emergency Operations council during the urban and campus disorders of the 1960s and early ...


Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke Jan 2009

Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke

Law Faculty Scholarly Articles

Abraham Lincoln is an icon of American history. He is prominently named in various opinion polls as among the best Presidents in the history of the United States. His stature as a great President is perhaps best reflected currently in the stream of events constituting a national two-year celebration of his 1809 birth. Even before that, however, scholarly and popular interest and Lincoln’s life and Presidency continued unabated, as indicated by the steady publication and success of books about him. Notable among these works is David Herbert Donald’s best-selling biography of our sixteenth President titled Lincoln.

Although Mr ...


"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Jan 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

Faculty Publications

No abstract provided.


Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr. Sep 2007

Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.

Scholarly Works

This article examines the professional life of former United States Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. I do so through the vehicle of perhaps his most perplexing client choice - deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances?

These are the specific questions that this Article ...


Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck Jan 2007

Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck

Articles in Law Reviews & Other Academic Journals

William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.

In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the ...


On The Passing Of My Friend, Dick Wellman, Paul M. Kurtz Jul 2006

On The Passing Of My Friend, Dick Wellman, Paul M. Kurtz

Scholarly Works

Writing the introduction to a symposium in memory of a friend is a great honor, of course, and one that I seized immediately, for fear that the Editor in Chief might change his mind.


Leon Wallace Profile Jul 2005

Leon Wallace Profile

Leon Wallace (1951-1952 Acting; 1952-1966)

No abstract provided.


From Pin Point To The Legal Pinnacle, Tory L. Lucas Feb 2005

From Pin Point To The Legal Pinnacle, Tory L. Lucas

Faculty Publications and Presentations

In Judging Thomas: The Life and Times of Clarence Thomas, author Ken Foskett argues that “the key to unlocking Justice Thomas’s decision making is not dissecting the opinions but understanding the man who wrote them.” Capturing the essence of Judging Thomas, this quote forms the premise for this book review. A person cannot always be understood by his accomplishments. Instead, we sometimes must look beyond the person himself, and look into that person’s family history. That is precisely what this Thomas biography attempts to do.

This book review, entitled From Pin Point to the Legal Pinnacle, briefly outlines ...


A Dream Deferred, Ruth-Arlene W Howe Jan 2005

A Dream Deferred, Ruth-Arlene W Howe

Boston College Law School Lectures and Presentations

Presentation at the MLK Annual Unity Breakfast, Boston College, January 19, 2005.


Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman Jan 2005

Law And Letters: A Detailed Examination Of David Hoffman's Life And Career, Bill Sleeman

Faculty Scholarship

David Hoffman (1784-1854) has been cast as America's first legal ethicist and as the founder of one of the nation’s first original methods of legal instruction. While these interpretations of his life are certainly true, Hoffman’s life and career encompassed so much more than that. With few exceptions researchers have focused on Hoffman’s legal career and have left historians to wonder about his other pursuits. This article will review, in individual sections, the many facets of Hoffman's life and career in an effort to provide a more complete picture than has previously existed.


Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney Dec 2004

Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney

The Ohio State University Moritz College of Law Working Paper Series

This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers ...