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The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation? William E
The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation? William E. Nelson, Harvey Rishikof L Scott Messinger, Michael Jo 62 Vand. L. Rev. 1749 (2009) This Article presents the first comprehensive empirical study of the post-clerkship employment of law clerks at the Supreme Court from 1882 to the present, and it uses that data to flesh out a historical and institutional interpretation of the clerkship and the recent politicalpolarization of the Court more generally. The liberal tradition of the clerkship arose out of Louis Brandeis's vision of former law clerks serving a progressive legal agenda, a tradition that Felix Frankfurter helped institutionalize while striving to remove ideological bias. With the advent of a conservative bloc on the Court, this tradition has waned, due to the emergence of markedly partisanpatterns in the Justices' hiring of clerks and post- clerkship careers in academia, private practice, and government. After documenting these trends, the Article suggests institutional reforms both for those seeking to perpetuate this polarization and for those seeking to erase it. HeinOnline -- 62 Vand. L. Rev. 1747 2009 HeinOnline -- 62 Vand. L. Rev. 1748 2009 The Liberal Tradition of the Supreme Court Clerkship: Its Rise, Fall, and Reincarnation? William E. Nelson, Harvey Rishikof, I. Scott Messinger, and Michael Jo* INTRODU CTION ............................................................................. 1749 I. BRANDEIS'S N EW IDEA ...................................................... -
Defining Regulatory Crimes
CRIMINAL LAW AND THE ADMINISTRATIVE STATE DEFINING AND ENFORCING REGULATORY CRIMES May 13, 2014 Senate Hart Office Building, # SH-902 Agenda and Speaker Biographies 2:00 PM Introduction The Administrative Conference, together with the American Bar Association’s Criminal Justice and Administrative Law and Regulatory Practice Sections, the American Constitution Society, and The Federalist Society, is hosting a workshop to explore current topics at the intersection of criminal law and the administrative state.1 2:15 PM Panel One: Defining Regulatory Crimes Moderator: The Hon. Ronald Cass Ronald A. Cass, a well-known administrative law scholar, is President of Cass & Associates and a member of the Council of the Administrative Conference of the United States. He also is Dean Emeritus of Boston University School of Law, where he served as Dean from 1990 to 2004, a former law professor at the University of Virginia, Boston University, and visiting professor at institutions in Europe and Latin America, whose writings include an internationally recognized book on the rule of law and a leading textbook on administrative law, as well as works on criminal law issues. Dean Cass has served as Vice Chairman of the U.S. International Trade Commission (1988-1990) and U.S. Representative to the World Bank Panel of Conciliators (2009-Present), among other positions. He is a Life Member of the American Law Institute, past Chairman of the Federalist Society Practice Group on Administrative Law, Past Chair of the American Bar Association Administrative Law Section, and former President of the American Law Deans Association. Susan R. Klein, UT Austin School of Law Susan R. -
Justice Scalia and the Criminal Law
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Cincinnati, College of Law: Scholarship and Publications University of Cincinnati Law Review Volume 86 Issue 2 Article 7 December 2018 Justice Scalia and the Criminal Law David Stras Orin Kerr Rachel Barkow Stephanos Bibas Paul J. Larkin Jr. Follow this and additional works at: https://scholarship.law.uc.edu/uclr Recommended Citation David Stras, Orin Kerr, Rachel Barkow, Stephanos Bibas, and Paul J. Larkin Jr., Justice Scalia and the Criminal Law, 86 U. Cin. L. Rev. 743 (2018) Available at: https://scholarship.law.uc.edu/uclr/vol86/iss2/7 This Article is brought to you for free and open access by University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in University of Cincinnati Law Review by an authorized editor of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. Stras et al.: Justice Scalia and the Criminal Law JUSTICE SCALIA AND THE CRIMINAL LAW* Moderator: Justice David Stras** Panelists: Orin Kerr,‡ Rachel Barkow,‡‡ Stephanos Bibas,± Paul J. Larkin, Jr.±± JUSTICE DAVID STRAS (MODERATOR): Justice Scalia’s criminal law and procedure jurisprudence is fascinating. Justice Scalia didn’t always end up where I thought he would end up and, I think, where a lot of people thought he would end up in some of the cases he decided. But I think there is a consistent theme in his jurisprudence in a number of different areas in criminal law. -
Justice Antonin Scalia
VOLUME 130 NOVEMBER 2016 NUMBER 1 © 2016 by The Harvard Law Review Association IN MEMORIAM: JUSTICE ANTONIN SCALIA The editors of the Harvard Law Review respectfully dedicate this issue to Justice Antonin Scalia. Chief Justice John G. Roberts, Jr.∗ Five hundred years ago, Saint Thomas More published an account of an imaginary insular society that had achieved peace, tranquility, and prosperity. In More’s Utopia, individuals lived orderly, regiment- ed lives in mutual support of the public good, creating a common- wealth so advanced that it tolerated no lawyers. Antonin Scalia admired Thomas More, and they shared many at- tributes. Both were legal scholars of deep faith, incisive intelligence, and iron conviction. When the Justice sat for his portrait now on dis- play at the Supreme Court, he requested that the artist include More’s image within the frame. But Justice Scalia, perhaps like More himself, would have fled Utopia in a heartbeat. He would have balked at the Utopian demands for conformity, and he would have quickly reckoned that Utopia had little use for his foremost talents. The Antonin Scalia whom I knew — as an advocate trying to re- spond to his exacting questions and as a colleague by his side on the bench — was a man of lively passions, mirthful humor, abounding loyalty, and generosity of spirit. He thrived on the vibrant clash of ideas and took no offense from the din of divergent views. He was unpretentiously devoted to the joys of his large family and his many friends. He was equally at ease donning a judicial robe and engaging in vigorous colloquy or sporting hip waders and casting dry flies.