Law review article, Speech

The Essentials and Expendables of the Missouri Plan

Law review article, Speech / By

Missouri Law Review Volume 74 Issue 3 Summer 2009 Article 3 Summer 2009 Essentials and Expendables of the Missouri Plan, The Sandra Day O’Connor Follow this and additional works at: http://scholarship.law.missouri.edu/mlr Part of the Law Commons This Conference is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Missouri Law Review by an authorized administrator of University of Missouri School of Law Scholarship Repository. Recommended Citation Sandra Day O’Connor, Essentials and Expendables of the Missouri Plan, The, 74 Mo. L. Rev. (2009) Available at: http://scholarship.law.missouri.edu/mlr/vol74/iss3/3

The Essentials and Expendables of the Missouri Plan The 2009 Earl F. Nelson Lecture Sandra Day O’Connor

This speech was presented by Sandra Day O’Connor at the University of Missouri School of Law on February 27, 2009. It is the 2009 Earl F. Nelson Lecture and was part of the symposium titled “Mulling over the Missouri Plan: A Review of State Judicial Selection and Retention Systems.” The author has modified the speech and added citations for publication purposes.

It is an honor to have been asked to give this year’s Earl F. Nelson Lecture, and I want to thank the University of Missouri School of Law, the Missouri Law Review, and Dean Lawrence Dessem for the invitation. I am conscious of the history of this lecture series, which started in 1955 and can claim

Law review article

The Intersection of the Takings Clause and Rising Sea Levels: Justice O’Connor’s Concurrence in Palazzo Could Prevent Climate Change Chaos

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THE INTERSECTION OF THE TAKINGS CLAUSE AND RISING SEA LEVELS: JUSTICE O’CONNOR’S CONCURRENCE IN PALAZZOLO COULD PREVENT CLIMATE CHANGE CHAOS

DEVON APPLEGATE*

Abstract: Takings Clause jurisprudence is in a state of disarray. The Supreme Court of the United States has not eased the difficult task of determining what constitutes an unconstitutional regulatory taking. Although the Supreme Court provided some guidance by articulating a three-prong test for determining what constitutes such a taking, it failed to define each prong. In a concurring opinion in Palazzolo v. Rhode Island, Justice Sandra Day O’Connor defined the character of the governmental act prong by emphasizing the importance of the purposes served by a governmental act. Justice O’Connor’s approach is well suited to handle future environmental regulations aimed at protecting coastal regions from rising sea levels. By embracing this approach, the Court can reduce the confusion surrounding takings jurisprudence, provide uni formity at a critical time, swiftly handle the excess of takings claims that will inevitably materialize, and give deferential treatment to important regulations that possess strong public purposes.

INTRODUCTION

Over the next decade and beyond, global warming and climate change will undoubtedly bring important environmental issues before local, state, federal, and foreign governments. 1 Sea level rise, a well-known effect of global warming, has been described as one of the greatest challenges

Magazine article

O’Connor’s Law

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See the world and you’ll be a better judge of everything. That’s what retired Supreme Court Justice Sandra Day O’Connor taught the women and men who worked for her.

When Sandra Day O’Connor graduated near the top of her class from Stanford Law School in 1952, she called at least 40 law firms looking for a job. Only one would even give her an interview. The partner asked, “How well do you type?” She said she didn’t want to be a legal secretary.

O’Connor went on to have astonishing success in the law and became the first ever woman on the U.S. Supreme Court (appointed by President Reagan in 1981). Today, at a time when half of all law students are women, her achievement is perhaps easy to take for granted.

Justice O’Connor, who is 89 years old and suffering from dementia, is not as well-known as Ruth Bader Ginsburg, who joined the Court in 1993, 12 years after O’Connor, but she was a trailblazer in her own way. O’Connor did not use the word “feminist,” and she was not an activist for women’s rights, yet she played a huge role advancing them. She knew what it was to be a role model for women and would say, “It’s good to be first, but you don’t want to be the last.” In public, O’Connor came across as a combination of tough cowgirl and country-club Republican—smart and stylish when she was a younger woman, and then a little matronly, but always with flashing, almost piercing eyes. She could be at once intimidating and warm.

During her 25 years on the Supreme Court, and for many

Law review article

Introduction: The Women at the United States Supreme Court

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INTRODUCTION: THE WOMEN AT THE UNITED STATES SUPREME COURT

I am Bryant Garth, the Dean of Southwestern Law School during the Women at the United States Supreme Court program hosted at the school on February 24, 2012. One of the privileges of being Dean is that I was able to welcome our community to this splendid event, which kicked off a remarkable day at this law school. We were celebrating our centennial, and we have come a very long way from the period when Southwestern was established. But this school has also stayed true to its roots. It is now my privilege to introduce the published version of this event.

The first classes at Southwestern contained disadvantaged minorities, immigrants, and others who would not have had the possibility of getting a legal education if Southwestern had not been established. And in particular, we celebrate the fact that our very first graduate was a woman. And not only was she a woman, but she made waves in the legal profession. Betty Trier Berry, the first graduate in 1915, went on to be the first woman to serve as a public defender in the United States.1

This centennial occasion reminded us of our early mission and our continuing commitment to challenge discrimination and unequal access to the legal profession. We began the day with this extraordinary panel moderated by Mary Alice Williams2 on Women at the United States Supreme Court. The panel, organized by Southwestern’s wonderful Professor Judy Sloan, comprised Sandra Day O’Connor,

Law review article, Speech

Keynote Address: The Women at the United States Supreme Court

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KEYNOTE ADDRESS: THE WOMEN AT THE UNITED STATES SUPREME COURT

Judge Judith Chirlin: I don’t want to interrupt the networking that’s going on, and the fact that you are enjoying each other’s company, but we do have, as you know, a very special treat for our luncheon speaker, so I would like to introduce her. She is a woman who, probably a year and two months ago, most of us in the room had never heard of. Sorry. And as trial judges, we just read the opinions and sometimes don’t even pay attention to who wrote them. It’s just what we had to do.

But a little over a year and a half ago, Tani Cantil-Sakauye was appointed by Governor Schwarzenegger to be the Chief Justice of California. As you know, she is the second woman to have that position but the first Asian American. She has her bachelor’s and her J.D. from the U.C. system, from U.C. Davis. She is from the Sacramento area. She has something in common with Justice O’Connor, and that is when she got out oflaw school, she couldn’t get a legal job.

Now, she took a little bit of a different route than we heard from Justice O’Connor, because our Chief Justice became a dealer in the casinos in Reno, which, when I realized that, I thought, now I know why she’s able, so capably, to deal with all of the different personalities within the California judicial system.

For those of you who were at the National Association of Women Lawyers’ meeting yesterday, and heard the speaker from Warner Brothers talking about work-life balance, I

Magazine article

“O’Connor House Architect DK Taylor – Scottsdale’s Mysterious Modern Master”

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There’s a masterpiece quietly nestled behind the lush desert foliage of Clearwater Hills, hidden from sight were it not for a pointed roof peeking out from the canopy of trees. Chances are, few people have ever seen this little gem, designed by architect DK (Donald Keith) Taylor in 1960 for himself and his wife Nellie. Not unlike this house, Modem Phoenix has had only glimpses into the life and works of this obscure but important architect. Other than his home in Clearwater Hills, we know of only one other Taylor-designed house in the Valley, O’Connor House — and it’s not just good, it’s remarkable!
To understand Taylor’s two known works, it’s important to discuss the major influences on the architecture of Scottsdale after World War II. As early as during the Great Depression, wealthy visitors would come to Scottsdale viewing it as a charming western getaway. In an effort to cash in on this allure, the Chamber of Commerce proclaimed Scottsdale as “the West’s most Western town” in 1947. Unfortunately, this western identity was often expressed literally and led to a downtown that looked like a Hollywood frontier movie set. Another factor that shaped the post-WWII architecture of Scottsdale was the town’s reputation as an artists’ haven. As early as 1929, artists and architects began to flock to this southwestern destination. The most important, of course, was Frank Lloyd Wright who purchased land in Scottsdale in 193 7 for what would eventually become his winter home, Taliesen

Law review article

Introduction: Justice Sandra Day O’Connor (Ret.) Symposium

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INTRODUCTION: Justice Sandra Day O’Connor (Ret.) Symposium

Scott Bales*

This symposium edition of the Arizona State Law Journal reflects that February 2010 was the occasion for an Arizona reunion of the nearly one hundred former law clerks of U.S. Supreme Court Justice Sandra Day O’Connor (Ret.). The reunion allowed the former clerks to hold an early birthday celebration for the Justice, who turned 80 in March 2010, and who herself had been an enthusiastic organizer of in-chambers birthday celebrations for her law clerks and staff.

In planning the reunion, the former clerks quickly concluded that it would be desirable to involve the Sandra Day O’Connor College of Law at Arizona State University. The law school had been named after Justice O’Connor in 2006 in honor of her lifelong dedication to public service, her intellectual vigor, and her fair-mindedness. A law clerk reunion offered an ideal opportunity for former clerks to visit the law school bearing her name. Dean Paul Berman promptly embraced this idea, suggesting that the law school could help host a symposium and related events. When this idea was raised with Justice O’Connor, she responded that a symposium would be just fine, but it would be much better if instead of looking back at her work on the Court, it highlighted the on-going scholarship of some of her former law clerks who are now law professors. The symposium also provided an opportunity to discuss the Justice’s efforts to promote civic education, a project

Law review article

Justice Sandra Day O’Connor: A Selected Annotated Bibliography

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JUSTICE SANDRA DAY O’CONNOR: A SELECTED ANNOTATED BIBLIOGRAPHY

Julie Graves Krishnaswam/

WORKS AUTHORED BY JUSTICE O’CONNOR 1102

The Judiciary, Judicial Philosophy, Federalism and

International Law 1102

Equality and Feminism 1112

The Legal Profession and Professionalism 11 l 5

Tributes 1118

Autobiographical Works 1121

WORKS ABOUT JUSTICE O’CONNOR 112 l

Substantive Law Review Articles Written About

Justice O’Connor 112 l

Scholarly Monographs and Book Chapters About

Justice O’Connor 1143

Biographical Works 1146

Tributes to Justice O ‘Connor 1147

By Supreme Court Justices 1147

By Members of the Legal Profession 1149

As the first woman appointed to the Supreme Court, Justice Sandra Day O’Connor is a profound and fascinating figure in American jurisprudence. During Ronald Reagan’s presidential campaign, he promised to appoint a woman to the Supreme Court, and he appointed Sandra Day O’ Connor. 1 She was confirmed in 1981 and spent the next twenty-four years on the Supreme Court bench, retiring in 2005. Before her time on the Court, Justice O’Connor

+ Reference/Faculty Research Librarian and Associate Law Library Professor, City University of New York (CUNY) School of Law. B.A., 1999 Reed College, J.D., 2004, CUNY School ofLaw, M.L.I.S., 2008, Pratt Institute. The author wishes to thank Julie Lim, Director, CUNY School of Law Library, and colleagues Raquel Gabriel and Sarah Valentine for encouragement and assistance. The author also acknowledges the support of a research