Yakima Herald-Republic articles from April 2006

Yakima Herald-Republic archives from April 2006

William Rehnquist and Sandra Day O'Connor: an expression of appreciation.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... Thank you for the invitation to be here to honor Sandra O'Connor and the memory of the late William Rehnquist. We meet at Stanford, the place that did so much to shape their lives and careers. The years at Stanford gave them their skills as...

Response.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... It is not fair to have to follow a speaker as eloquent as Justice Kennedy. And I am not going to try to bend your ears for long. I am very touched by his comments. It was wonderful that you had a chance to hear him talk about our former...

A tribute to Chief Justice William H. Rehnquist.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... Over the past 230 years, the United States has had forty-three Presidents but just seventeen Chief Justices. For thirty-three years, fourteen years as an Associate Justice and nineteen as Chief Justice, William Hubbs Rehnquist changed the...

For the chief.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... By the summer of 1992, I had interviewed with numerous prospective employers, including partners in law firms, career prosecutors, and federal appellate judges. Each interview generally included a moment when the interviewer would ask something...

The Chief as teacher.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... I interviewed for a clerkship with the Chief during the summer after I graduated from law school in 1992, and by that time I was pretty sure I wanted to become a law professor. I was still a bit shy about saying so, not because I thought it a...

Learning life's lessons.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connorp)(Testimonial)
April 1, 2006... Halfway through my clerkship with the Chief Justice, I committed a significant blunder. In an opinion for the Court authored by the Chief and for which I had prepared a draft of the section on procedural history, I had made an error. In...

Chief Justice William H. Rehnquist: prizing people, place, and history.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... Which two Civil War battles were fought west of the Mississippi River? Chief Justice William Rehnquist knew the answer, as he knew a myriad of often obscure (but never unimportant) historical and geographical facts, salting many of them into...

Justice Sandra Day O'Connor: no insurmountable hurdles.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... Sandra Day O'Connor has often said that, as "'a cowgirl from Eastern Arizona," she was as surprised as anyone when President Ronald Reagan nominated her in 1981 as the first woman to serve on the Supreme Court of the United States. (1) Her...

Speeding up to smell the roses.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... They say SO'C is retiring. I don't believe a word of it. Not deciding cases any more--I'll accept that. But not retiring. This is a woman who packs more activity into her life than anyone I have ever known. My strongest memories from...

A wise justice, and a great boss.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... "Thank you very much for coming," Justice O'Connor said as I entered her chambers to interview for a clerkship. "I'm so sorry to have asked you to make the trip all the way out here from Stanford." Apparently Justice O'Connor didn't...

In-version.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... It is 1985. Ronald Reagan is battling the Evil Empire. Joe Gibbs has just taken the Washington Redskins to two Super Bowls. Michael Jackson, resculpted but not yet freakish, leads a huge chorus in "We Are the World." Sandra Day O'Connor has...

Lessons from working for Sandra Day O'Connor.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)(Testimonial)
April 1, 2006... Justice O'Connor doesn't like footnotes in her opinions. That was a bracing lesson for a young lawyer fresh from a law review where a legion of footnotes, packed with authorities and afterthoughts, marched halfway up almost every page. Holding...

William Rehnquist, the separation of powers, and the riddle of the Sphinx.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. THE ROOTS OF REHNQUIST'S SEPARATION OF POWERS JURISPRUDENCE A. Rehnquist as a Law Clerk for Justice Robert Jackson B. Rehnquist in the Office of Legal Counsel 1. OLC's role as an institution ...

The assumptions of federalism.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. THE MODELS OF FEDERALISM II. THE REHNQUIST COURT AND FEDERALISM AS LIMITS A. Limiting the Scope of Congress's Powers B. The Expansion of Sovereign Immunity C. Revival of the Tenth Amendment III. THE...

The federalism decisions of Justices Rehnquist and O'Connor: is half a loaf enough?(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION: FROM THE OLD TO THE NEW SYNTHESIS I. THE BASIC SCOPE OF THE COMMERCE CLAUSE II. DUAL SOVEREIGNTY AND THE TENTH AMENDMENT III. STATE SOVEREIGN IMMUNITY A. Background B. The Eleventh Amendment C. The Bill of...

Young Mr. Rehnquist's theory of moral rights - mostly observed.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. REHNQUIST--THE YOUNG POLITICAL PHILOSOPHER A. Looking for the Moral Basis of Rights B. Pragmatism Is No Substitute C. The Majority Is Not Enough--or Is It? D. The Most Basic Moral Right--Freedom from...

You've come a long way, baby: Rehnquist's new approach to pregnancy discrimination in Hibbs.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. REHNQUIST, THE EQUAL RIGHTS AMENDMENT, THE NEW RIGHT, AND THE FAMILY II. REHNQUIST' S DECISION IN HIBBS III. THE REACH OF HIBBS: REMEDYING DISCRIMINATION AGAINST "MOTHERS AND MOTHERS-TO-BE". IV. HIBBS,...

Problems with minimalism.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. AFFIRMATIVE ACTION, RULES, AND TRANSPARENCY II. RULES, STANDARDS, AND MINIMALISM A. Minimalism and Its Discontents B. The Case for Rules? 1. In defense of rules 2. Meta-questions ...

Freedom of expressive association and government subsidies.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. THE NO DUTY TO SUBSIDIZE PRINCIPLE II. THE NO GOVERNMENTAL VIEWPOINT DISCRIMINATION / NO GOVERNMENTAL RELIGIOUS DISCRIMINATION PRINCIPLES A. Content Neutrality B. Disparate Impact C....

The Rehnquist Court at twilight: the lures and perils of split-the-difference jurisprudence.(Looking Backward, Looking Forward: The Legacy of Chief Justice Rehnquist and Justice O'Connor)
April 1, 2006... INTRODUCTION I. SPLITTING THE DIFFERENCE A. Splitting the Difference in Result B. Splitting the Difference in Reasoning C. Splitting the Difference in a National Debate D. Doctrinal Tools for Splitting the Difference II....

Contemporary theories of rights.
April 1, 2006... PREFACE CHAPTER I. THE GENERAL CONCEPT OF RIGHTS CHAPTER II. THE FUNCTIONAL BASIS OF RIGHTS CHAPTER III. INSTRUMENTALISM AND FUNCTIONALISM EXAMINED CHAPTER IV. THE MORAL BASIS OF INDIVIDUAL RIGHTS CHAPTER V. WHAT RIGHTS SHOULD THE STATE...