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Articles 361 - 390 of 451
Full-Text Articles in Legal Biography
Rediscovering Williston, Mark L. Movsesian
Rediscovering Williston, Mark L. Movsesian
Faculty Publications
This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the under-theorized quality of Williston's scholarship—to contemporary …
Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney
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 on the …
Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet
Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet
ExpressO
No abstract provided.
Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe
Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe
Michigan Journal of Race and Law
Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor landowners. …
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
The Creativity Of The Common-Law Judge: The Jurisprudence Of William Mitchell, Charles J. Reid Jr.
William Mitchell Law Review
Mitchell's presence graced the Minnesota Supreme Court for nearly nineteen years, from 1881 to 1900. His output was prodigious. He produced nearly 1600 judicial opinions. It has been estimated “that excluding Sundays, and allowing a month in each year for vacation, Judge Mitchell wrote one opinion in every three days for nineteen years.” Indeed, “[i]n point of numbers, his opinions exceed those of any other justice of the Supreme Court of his state, or the nation.” It is one aspect, perhaps the central aspect, the unifying theme of this prolific body of work, that is the focus of this essay: …
Who Was William Marbury?, David F. Forte
Who Was William Marbury?, David F. Forte
Law Faculty Articles and Essays
Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson
Publications
No abstract provided.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
Young Christopher Langdell, 1826-1854: The Formation Of An Educational Reformer, Bruce A. Kimball
Young Christopher Langdell, 1826-1854: The Formation Of An Educational Reformer, Bruce A. Kimball
Journal of Legal Education
No abstract provided.
Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine
Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine
Articles
Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review …
Getting Right With The Great Chief Justice, R. Kent Newmyer
Getting Right With The Great Chief Justice, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Chris Guthrie, Tracey E. George
Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Chris Guthrie, Tracey E. George
Vanderbilt Law School Faculty Publications
For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.
A Tribute To Professor Stephen H. Schulman, Alan Schenk
A Tribute To Professor Stephen H. Schulman, Alan Schenk
Law Faculty Research Publications
No abstract provided.
Book #23, Roger J. Miner '56
A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook
A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook
Law Faculty Research Publications
No abstract provided.
The Remarkable Career Of Joe Grano, Robert A. Sedler
The Remarkable Career Of Joe Grano, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
Chief Justice John Marshall And The Course Of American Constitutional History, 33 J. Marshall L. Rev. 743 (2000), Samuel R. Olken
UIC Law Review
No abstract provided.
Linking The Visions, Thomas A. Green
Linking The Visions, Thomas A. Green
Other Publications
Professor Thomas Green talks about his teaching and work.
John Marshall As An American Original: Some Thoughts On Personality And Judicial Statesmanship, R. Kent Newmyer
John Marshall As An American Original: Some Thoughts On Personality And Judicial Statesmanship, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster
Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster
University of Arkansas at Little Rock Law Review
No abstract provided.
Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer
Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
After missing an opportunity as a graduate student in the early 1970s to meet the aged Miriam Van Waters, whose distinguished career as a penal reformer spanned from the First World War to the launching of Sputnik, historian Estelle Freedman now attempts to capture her through biography. Freedman’s effort is a valiant one because Van Waters, a student of psychology, struggled with her own identity and sexuality, and repeatedly pushed away anyone who tried to get too close. One can only imagine how the intensely private Van Waters would have reacted to learning that her most personal conflicts would become …
State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett
State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett
Faculty Publications
This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
Indiana Law Journal
Symposium: Law and Civil Society
Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken
Chief Justice John Marshall In Historical Perspective, 31 J. Marshall L. Rev. 137 (1997), Samuel R. Olken
UIC Law Review
No abstract provided.
A Tribute To Professor Edward J. Littlejohn, John E. Mogk
A Tribute To Professor Edward J. Littlejohn, John E. Mogk
Law Faculty Research Publications
No abstract provided.
A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow
A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow
Faculty Scholarship
No abstract provided.
Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith
Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith
Seattle University Law Review
At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …
Marbury's Travail: Federalist Politics And William Marbury's Appointment As Justice Of The Peace, David F. Forte
Marbury's Travail: Federalist Politics And William Marbury's Appointment As Justice Of The Peace, David F. Forte
Law Faculty Articles and Essays
This Article describes how Marbury, the youngest son of an impoverished remnant of a well-known family, elbowed his way to wealth and influence among the Maryland gentry. Further, this Article illuminates Marbury's choice between the two wings of the Federalist party in Maryland - the Hamiltonian elite and the Adams' loyalists - and how Marbury's partisan service brought him to a position earning Thomas Jefferson's disdain and rebuff. In the end, Marbury's appointment and rejection derived from the very different characters of John Adams and Thomas Jefferson.
West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon
West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon
West Virginia Law Review
No abstract provided.