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“Destructive To Judicial Dignity”: The Poetry Of Melville Weston Fuller, Todd C. Peppers, Mary Crockett Hill

Scholarly Articles

Although there have been many debates over the relevant qualifications for a Supreme Court nominee, Fuller’s nomination was the first—and last—time in history where the quality of a nominee’s verse was debated in national and regional newspapers. In this essay, we weigh the merits of two claims leveled against Fuller: (1) he was a mediocre poet, and (2) his penchant for verse colored and polluted his judicial opinions. As judge and jury, we conclude that neither charge is supported by a preponderance of the evidence.

Correspondence With The Chief Justice Of The Supreme Court Of The United States, William H. Rehnquist, Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.

Correspondence With The Chief Justice Of The Supreme Court Of The United States, Warren E. Burger, Lewis F. Powell, Jr.

Powell Correspondence

No abstract provided.

Immigration Law Under The Mclachlin Court, Catherine Dauvergne

All Faculty Publications

No abstract provided.

Introduction: Canada's Chief Justice: Beverley Mclachlin's Legacy Of Law And Leadership, Marcus Moore

All Faculty Publications

Summarizes the legacy of law and leadership of Beverley McLachlin, the longest-serving Chief Justice of the Supreme Court of Canada (2000-2017), and first female Chief Justice.

Une Juge En Chef Pour Le Canada: Beverley Mclachlin Et La Justice En Tête, Marcus Moore

All Faculty Publications

Rédiger l’introduction d’un ouvrage sur une personne dont la présentation n’est plus à faire pose un certain dilemme. Dans l’univers du droit, Beverley McLachlin est considérée comme une légende vivante. Au sein des milieux juridiques particuliers du monde entier, la juge en chef du Canada, qui a récemment pris sa retraite, jouit d’une réputation inégalée. L’estime qu’elle y a gagnée vaut sa renommée. À plusieurs égards, sa carrière judiciaire n’a pas d’équivalent dans l’histoire du Canada. Ce ne serait pas lui rendre justice que de tenter, dans une brève introduction, d’en faire la synthèse ou, à plus forte raison, d’en …

The Anti-Plaintiff Pending Amendments To The Federal Rules Of Civil Procedure And The Pro-Defendant Composition Of The Federal Rulemaking Committees, Patricia W. Moore

Faculty Articles

For decades, the Civil Rules Advisory Committee (Advisory Committee) has garnered passage of amendments to the Federal Rules of Civil Procedure (FRCP) that have incrementally narrowed discovery in the service of the Advisory Committee's stated effort to combat the alleged "cost and delay" of civil litigation. More of the same are on their way to Congress now. In the classical David-and-Goliath lawsuit brought by an individual person against an institutional defendant, these pending amendments hurt David and help Goliath more than any previous round of amendments to the FRCP. The individual versus institution case, not coincidentally, is the most common …

(Mis)Trusting States To Run Election, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article critically examines recent Supreme Court election law jurisprudence, with a particular eye toward cases involving state election administration—a hotbed of litigation at the Court in recent years. Election administration entails the rules of operating an election and encompasses laws such as voter identification requirements, regulation of primaries, and other "nuts-and-bolts" aspects of the voting process. The Article focuses primarily on the last decade, mainly because that is when states have increasingly enacted stricter election regulations, supposedly in the name of "election integrity," but more likely to gain partisan advantage for the ruling party. In addition, during the first …

The Fourth Era Of American Civil Procedure, Thomas O. Main, Stephen N. Subrin

Scholarly Works

Every contemporary American lawyer who has engaged in litigation is familiar with the now fifty-four-volume treatise, Federal Practice and Procedure. Both of that treatise’s named authors, Charles Alan Wright and Arthur Miller, have mourned the death of a Federal Rules regime that they spent much of their professional lives explaining and often celebrating. Wright shared a sense of gloom about federal procedure that he compared to the setting before World War I. Miller has also published a series of articles that chronicled his grief.

We agree that something has fundamentally changed. In fact, we believe that we are in …

Tribute To Randall Shepard, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Chief Or The Court: Article Ii And The Appointment Of Inferior Judicial Officers, James E. Pfander

Faculty Working Papers

Each year, the Chief Justice of the United States makes a number of appointments to offices within the Article III judicial establishment. On its face, such a Chief-based appointment practice seems hard to square with the text of Article II, which provides for the appointment of inferior officers by the "courts of law." Scholars have noted the switch from a court-based to a Chief-based appointment system, but generally regard the Chief's authority as constitutionally benign. This Essay explores the origins of the Constitution's choice of the "courts" as the repository of appointment power. The decision was made against the backdrop …

Leading The Court: Studies In Influence As Chief Justice, Joel K. Goldstein

All Faculty Scholarship

Chief Justice Roberts has now completed five years of what is likely to be a lengthy tenure in the Court’s center seat. The quality of his institutional leadership, like that of his predecessors, resists confident contemporary assessment to a unique degree among principal offices of American government inasmuch as much of what a Chief Justice does is invisible to all but a relatively few observers, most or all of whom generally remain discreetly silent about such matters. Nonetheless, history counsels that the professional and interpersonal skill which a Chief Justice displays may substantially affect the Supreme Court and the quality …

Supreme Court Report 2006-2007: Closing Of The Courthouse Doors?, Julie M. Cheslik, Andrea Mcmurty, Kristin Underwood

Faculty Works

This article reviews the decisions of the U.S. Supreme Court for the 2006-2007 term focusing on decisions of particular relevance to state and local government. In reviewing those decisions, we focus on the shifts in the Court over time on those issues.

The expectation that the Supreme Court would shift to the right came to fruition in the 2006-07 term by the sheer lack of clear decisions on the merits. Time and again, the Court decided cases on the standing issue, never reaching the merits and frustrating litigants and citizens attempts to define their rights. Yale law professor Judith Resnick …

The Supreme Court Report 2005-06, Julie M. Cheslik, Jamie Landes, Leah Pollema, Michael Shelton

Faculty Works

This article reviews the decisions of the U.S. Supreme Court for the 2005-2006 term focusing on decisions of particular relevance to state and local government. The Court's 2005-06 Term began with much speculation as one, then a second new Justice joined the Court. After the close of the 2004-05 Term, the Court suffered the loss of Chief Justice William Rehnquist, who succumbed to the thyroid cancer that had plagued him during that Term. President Bush ultimately replaced him with Judge John G. Roberts, who began the new Term and authored his fi rst opinion, the traditional 9-0 opinion of a …

Hail To The Chief: Former Law Clerks For William Rehnquist Recall What They Learned And How He Touched Their Lives, Craig M. Bradley, Laura E. Little, John C. Englander, Celestine Richards Mcconville

Articles by Maurer Faculty

Chief Justice William H. Rehnquist, who died Sept. 3, is remembered for his disarming warmth and humor, breadth of knowledge about the law, and insistence that there is life outside the office. Few knew him better than the legions of clerks who tolled with and learned from him. Indeed, the sheer number who attended his funeral testifies to how highly he was regarded. Here, four former clerks from the decades of the 1970s, '80s and '90s write about their own particular memories of the late chief justice.

A Tribute To Peter S. Popovich, James F. Hogg

Faculty Scholarship

A tribute to Peter S. Popovich, Chief Justice of the Minnesota Supreme Court 1989-1990 and William Mitchell College of Law alumni.