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My Life As a Law Clerk: Justice O'connor's First Term

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Volume 31, Number 1 Volume “FIRST” A Publication of Ninth Judicial Circuit Historical Society Historical Circuit Judicial Ninth of A Publication Western Legal History Western Volume 31, Number 1, pages 1 to 90 Western Legal History WESTERN LEGAL HISTORY Non-Profit Org. The Journal of the U.S. POSTAGE Ninth Judicial Circuit Historical Society PAID 125 S. Grand Avenue PASADENA, CA Pasadena, California 91105 Permit No. 244 wlh31-1_cv_wlh31-1_cv 5/18/2020 3:29 PM Page 2 WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY FIRST VOLUME 31, NUMBER 1 2020 A Publication of Ninth Judicial Circuit Historical Society Western Legal History is published semiannually by the Ninth Judicial Circuit Historical Society, 95 7th Street, San Francisco, Ca 94013. (415) 757-0286. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts, particularly the federal courts, in Alaska, Arizona, California, Hawai’i, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the NJCHS as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100- $249; Advocate, $50-$99; Subscribing (nonmembers of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49. Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please see our website, www.NJCHS.org or contact us via email at [email protected]. Western Legal History disclaims responsibility for statements made by authors and for accuracy of endnotes. Copyright ©2020, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts should be sent to [email protected], with a copy to ExecutiveDirector@ NJCHS.org. For more information see: https://www.njchs.org/western-legal- history-submissions. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation about punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article’s acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; Historical Abstracts; the Index to Legal Periodicals; and the Legal Resources Index, and are available to the public off the NJCHS website and through HeinOnline. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publications of such is not to be construed as representing the attitudes of either the authors or Western Legal History. A Publication of Ninth Judicial Circuit Historical Society BOARD OF DIRECTORS RITA M. HAEUSLER, ESQ. Hon. Sidney R. Thomas Chair Gail Migdal Title, Esq. DEBORA KRISTENSEN GRASHAM, ESQ. Dean A. Ziehl, Esq. Vice Chair SONIA R. MARTIN, ESQ. ADVISORY COUNCIL Treasurer J. Bruce Alverson, Esq. JEFF PORTNOY, ESQ. Cathy Catterson, Esq. Secretary A. Marisa Chun, Esq. GARETH T. EVANS, ESQ. Hon. Steve Cochran Immediate Past Chair Ben Feur, Esq. Peter F. Habein, Esq. Seth Aronson, Esq. Ernest A. Hoidal, Esq. Hon. Stanley Bastian Hon. H. Russel Holland Hon. Marsha S. Berzon Robert James, Esq. Ryan W. Bounds, Esq. Hon. Robert J. Johnston Jerome L. Braun, Esq. Cynthia Jones, Esq. George Brewster, Esq. Professor Colin Jones John Carson, Esq. Hon. Robert Lasnik Hon. David O. Carter Robert D. Lowry, Esq. David S. Casey, Jr., Esq. Sean McAvoy Hon. Richard R. Clifton Tracy Morris, Esq. Dale A. Danneman, Esq. Hon. Kimberly Mueller Robert H. Fairbank, Esq. Hon. Randall J. Newsome Jeffrey M. Fisher, Esq. Robert Pfister, Esq. Margaret G. Foley, Esq. Nora M. Puckett, Esq. Donald L. Gaffney, Esq. Kelli Sager, Esq. Gersham Goldstein, Esq. Hon. Richard G. Seeborg Kiry K. Gray Joy Shoemaker, M.L.S., J.D. Hon. Michael Daly Hawkins David S. Steuer, Esq. Kenneth N. Klee, Esq. Lilian Tsai, Esq. Rachel Lee, Esq. Corey Weber, Esq. Hon. M. Margaret McKeown Claire Wong Black, Esq. Ron Maroko, Esq. Douglas R.Young, Esq. Hon. Mary H. Murguia Meryl L. Young, Esq. Hon. William H. Orrick, III Kelly A. Zusman, Esq. Kathleen M. O’Sullivan, Esq. Hon. Virginia A. Phillips BOARD EMERITUS Heather L. Richardson, Esq. Hon. Christine W. Byrd Hon. Mary M. Schroeder Thomas J. McDermott, Jr., Esq. Marc M. Seltzer, Esq. Hon. Diarmuid F. O’Scannlain Hon. Milan D. Smith, Jr. Hon. Paul G. Rosenblatt Hon. Christina A. Snyder Robert S. Warren, Esq. A Publication of Ninth Judicial Circuit Historical Society VOLUME 31 Editor-in-Chief Hon. Michael Daly Hawkins Ninth Circuit Court of Appeals Administrative Assistant Laura Ferguson Copy Editor Ninth Circuit Archivist Pamela Marshall Rollins Emerson Editorial Board ARIELA GROSS JONATHAN ROSE USC Gould School of Law Arizona State University Sandra Day O’Connor ARTHUR D. HELLMAN College of the Law University of Pittsburgh School of Law HARRY N. SCHEIBER S. DEBORAH KANG Berkeley Law California State University, San Marcos REUEL E. SCHILLER University of California SARA MAYEUX Hastings College of the Law Vanderbilt Law School HON. G. MURRAY SNOW PETER L. REICH United States District Court for the UCLA School of Law District of Arizona Book Review Editor CHARLES MCCLAIN, JR. University of California Berkeley Law Production Editor ROBYN LIPSKY A Publication of Ninth Judicial Circuit Historical Society VOLUME 31 CONTENTS DEDICATION TO THE HON. PAUL G. ROSENBLATT INTRODUCTION Michael Daly Hawkins ........................................ 1 MY LIFE AS A LAW CLERK: JUSTICE O’CONNOR’S FIRST TERM Ruth McGregor .............................................. 5 ERNEST W. MCFARLAND AND THE G.I. BILL OF RIGHTS Gary L. Stuart .............................................. 11 THE SAN MATEO AND SANTA CLARA RAILROAD TAX CASES (1882–1886) FROM THE TRENCHES John D. Gordan, III .......................................... 23 REMEMBERING ANNETTE ABBOTT ADAMS Andrea Sheridan Ordin ....................................... 59 GO EAST, YOUNG WOMAN: BREAKING THE SUPREME COURT CLERK GENDER BARRIER Judge Robert S. Lasnik........................................ 71 BOOK REVIEWS ...................................................... 81 MEMBERSHIPS, CONTRIBUTIONS AND GRANTS This Issue is Dedicated to the Memory of the Hon. Paul G. Rosenblatt (1928-2019) A Devoted Student of History And a True Friend to all Including the Ninth Judicial Circuit Historical Society Michael Daly Hawkins Introduction This issue is simply labeled “First.” Each piece represents a first of its kind in its own way Former Arizona Supreme Court Chief Justice Ruth McGregor brings her reflections of her life-changing experience as one of the first law clerks for Sandra Day O’Connor, the first woman Supreme Court Justice. Linda Green- house, who for years reported on the high court for The New York Times, puts into perspective the impact of President Reagan’s historic appointment: “Decades before internet memes turned Ruth Bader Ginsberg into the Notorious RBG, O’Connor was the first Supreme Court justice as rock star. From the moment she took the bench, she was a figure of history—well captured first on the eve of her retirement by Joan Biskupic in her biography-- Sandra Day O’Connor: How the First Woman on the Supreme Court Be- came Its Most Influential Justice (2005).”1 Logically paired with Ruth McGregor’s piece is Professor Carlton Lar- son’s book review of the more recent biography First: Sandra Day O’Connor (2019). Before he went on to the academy, Carlton was one of my law clerks with a serious knack for detailed edits. As you will see, not even a biographer as skilled as Evan Thomas escapes Professor Larson’s red pen. Earlier in history but no less consequential is Gary Stuart’s piece on the efforts of Senator Ernest W. McFarland (D-Ariz.) to gain passage of the first comprehensive effort to secure meaningful benefits for returning war veterans. “Mac” as he was know to all, reflecting on his own experiences as a World War I veteran, knew that something more than a pat on the back and a few dollars was needed to smooth the transition of millions of service men and women back from Europe and Pacific theaters of war into civilian life. The resulting G.I Bill, which provided access to low interest home mortgag- es, educational funding and job training, turned out to be one of the most successful social experiments in American history, helping create a vibrant new middle class. To be sure, there were earlier attempts to deal with re- turning war veterans. Six years after the end of World War I, Congress ap- proved cash bonuses for returning veterans with most of the bonuses not to be paid until 1945. Angry at the delay and frustrated with the lack of jobs as 1. Linda Greenhouse, The First and Last of Her Kind The New York Review of Books (Nov. 7, 2019) at 18. 1 Western Legal History, Vol. 31, No. 1 the teeth of the Depression sank in, thousands of veterans, calling them- selves the Bonus Army, camped out in a field on the outskirts of Washington in 1932 and began protesting around the Capitol and the U.S. Arsenal. Even- tually, Army troops under the command of General Douglas MacArthur, led tanks and bayoneted soldiers to clear the streets of Washington of Bonus Army marchers and burn down their tents and shanty houses. The spectacle of U.S.
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