Law review article

Broadening Our Horizons: Why American Lawyers Must Learn About Foreign Law

Feature

Worldwide Common Law Judiciary Conference

BROADENING OUR HORIZONS: WHY AMERICAN LAWYERS MUST LEARN ABOUT FOREIGN LAW

A Commentary

We live in a world that is constantly shrinking. Cellular phones, fax machines, beepers, e-mail … all of these new forms of communication have made it much easier for us to talk to each other, no matter where we are in the world. We need, however, more than technology to communicate with people from other nations. We need language skills; we need deeper understanding of foreign cultures; we need to know how to survive in an increasingly multinational environment. Many of our schools recognize this need, and many parents are taking great interest in language training. High schools now offer more than French and Spanish. They are adding Japanese and Russian, as well. American businesses have been in the forefront of this move towards what newspapers constantly herald as the “globalization” of trade. There are McDonald’s restaurants in Moscow, and Kentucky Fried Chicken franchises in Beijing.

American judges and lawyers, however, sometimes seem a bit more insular. We tend to forget that there are other legal systems in the world, many of which are just as developed as our own. This short-sightedness begins early in our careers. We learn in law school to look first at the decisions of our own state courts. If we appear in federal court, unless the Supreme Court has spoken to an issue, we look to the law of our local circuit and, perhaps, district.

Law review article

Bridge to Public Service. It’s Up to Civil Servants to Tell Young People About the Great Opportunity to Change Lives and the Nation

Advice+Dissent

VIEWPOINT

Bridge to Public Service

It’s up to civil servants to tell young people about the great opportunity to change lives and the nation.

The following are excerpts from a speech by U.S. Supreme Court Justice Sandra Day O’Connor in her acceptance of the Elliot Richardson Prize from the Council for Excellence in Government in March.

Elliot Richardson, former U.S. attorney general, knew that ours is a nation built on pride in sacrifice and commitment to shared values-on a willingness of its cit izens to give of their time and energy for the good of the whole. He knew that there is no greater contribution than a life of dedication to public service. We are the nation that we are today because those bridge builders of the past gave of themselves in a way that really mattered.

To be sure, the work of bridge building can be as taxing as it is rewarding. These efforts can call for sacrifice-sometimes emotional, sometimes finan cial, sometimes personal. Those who choose the life of public service open themselves to public review.

Sometimes, I’m sorry to report, the nation that we aim to serve is not content with our efforts. But the ever-present understanding that you are a part of something bigger than yourself, and that your efforts are paving the way for those who will follow, makes a life of public service worth the bumps along the way. We cannot expect that a single gen eration of public servants will be able to bridge the gaps of inequality and injustice.

Law review article, Speech

Balancing Security, Democracy, and Human Rights in an Age of Terrorism

Balancing Security, Democracy, and Human Rights in an Age of Terrorism

SANDRA DAY O’CONNOR*

This speech was presented by Sandra Day O’Connor upon receiving the Fall 2007 Wolfgang Friedmann Award for Outstanding Contributions to the Field of International Law in conjunction with the Harold Leventhal Memorial Lecture Series on November 12, 2007.

I would like to open my remarks tonight by describing a conflict between the executive and judicial branches of the United States government. Not long after the outbreak of war, the President of the United States altered the traditional understanding of civil liberties by finding that standard jury trials were incapable of meeting the necessities of wartime. In an effort to remedy this situation, the executive determined that some defendants should be tried by special military courts rather than traditional juries. The United States Supreme Court rejected that claim and found that the military courts lacked jurisdiction over those defendants who were U.S. citizens.

Now, this conflict sounds like it came directly from the New York Times or the Washington Post.But instead of describing President George W. Bush and the War on Terror of today, I am describing President Abraham Lincoln and our Civil War of the 1860s. President Lincoln decided that wartime needs required him to suspend our constitutional right to a writ of habeas corpus. In Ex parte Milligan,our Supreme Court held that military tribunals did not have jurisdiction over civilians

Law review article

A Tribute: Dean Ronald F. Phillips, Twenty-Seven Years of Leadership, Wisdom, and Devotion

As you step down after twenty-seven years as Dean of the Pepperdine School of Law, one can only think of your years there with awe. You have given the Law School its rightful place in the Sun. The quality of life for the law students is superb-a fine faculty, a supportive and caring administration, and a magnificent setting. You have brought many intelligent and interesting people there to speak to and interact with the students. You and your beloved wife were a “dream team.”

Few people survive and thrive in the difficult position of Dean of a law school for more than a few years. Your long service is evidence of your own personal qualities of cheerful disposition, optimism, caring, and energy. You leave big shoes to fill.

May your future years bring you a chance to share what you have learned with others so they may follow your splendid example.

Sandra Day O’Connor Associate Justice United States Supreme Court

TV appearance

Appearance on CNN to discuss the decline in knowledge of civics

Sandra Day O’Connor I’m Sandra Day O’Connor. In my former life, I served as a justice on the United States Supreme Court. I retired from that position after 25 years, about six years ago. And in that the intervening time, I’ve been trying to accomplish a few of the things that I was not able to do. While I was active as a justice on the Supreme Court, one of the things that I’ve been able to do since I retired, is start a website called I civics, you know, we have I everything iPads and iPods, and I miss that the other so we have now I civics, and we have a great program. And the reason it’s so effective, is because it consists of games that we’ve put on the internet, anybody without any charge is free, can dial up the website and place series of games, we have 16 online already. And they teach in the process, how some aspect of government works. They’re terrific, they’re marvelous. And I really aim them at middle school level, but they’re good for high school, they’re good for even earlier than Middle School. They work very effectively. And now it’s my effort to try to expand the number of people who know about it, and who use it. We have Chairman in all 50 states now, whose job it is to acquaint the schools and every state with the availability of this program, I civics. And I’m in San Diego today, to meet with the Boys and Girls Clubs organization. They’re having a national meeting of the people who work by with Boys and Girls Clubs, and they reach about 6 million children

Speech

Acceptance speech for Janet Reno Torchbearer Award

Ruth Bader Ginsburg thank you so much because of the good job, I now hold, invitations come in abundance. To preserve energy and time for the courts heavy work, I must ordinarily just say no. For tonight’s celebration, however, I did not just say yes, I asked the women’s bar if I might have the honor of presenting the torchbearer award to Justice Sandra Day O’Connor. For all who know her agree: She fits the description to a tee. She is indeed a trailblazer. A grind human, whose mind carrying an incredible energy have encouraged women everywhere, to be brave. To appreciate their own worth, to aspire and to achieve. Sandra has been celebrated in many ceremonies. She has been praised for her independence, self reliance, practicality, and self possession. Of all the accolades one strikes me as describing Sandra best. Growing up on the lazy b ranch in Arizona. Sandra could ride a horse brand cattle driver tractor and fire a rifle with accuracy before she reached her teens, one of the hands on the ranch recalled his clear memory of Sandra Day. She was in the rough and rugged type. But she worked well with us in the canyons. She held her own. Sandra did just that at every stage of her professional and family life. The first woman on the Supreme Court brought to the conference table experiences others did not possess the experience of growing up female in the 1930s 40s and 50s. raising a family of doing all manner of legal work, government service, private practice successes successful

Speech

Acceptance speech for Ellen Browning Scripps medal for women’s archievement

Sandra Day O’Connor Well, I’m all weighted down now with this fantastic medal. And my husband and I are so happy to be at this beautiful campus today and what a day you will produce for us. It’s incredible. We don’t have days like this in Washington DC. We can even see the snow capped mountain Mount Baldy. MM, this gorgeous campus. And we’re thrilled to be here and I’m so honored by the presentation to me today of the LM browning scripts award. You know Ellen browning scripts was a very special moment. When we look back and try to identify those women who’ve made a significant difference for the lives of all women who follow. We would include Ellen scripts on our short list. She lived a simple, brutal life, obtained an education largely by our own efforts eventually helped her brothers found a newspaper Empire and Layton life founded this very college Scripps College for Women. She had no money to go to college, and worked for two years to pay the cost of going to Knox College back in 1856. She graduated and became a teacher. She saved money has a teacher and moved to Detroit and help her brothers establish a newspaper. She even wrote a newspaper column as you’ve already heard. For many years, it was called Miss Ellen’s miscellany. She moved to California in 1890, where she remained until her death at age 96. All of her resources, which were considerable and time, she gave to charitable causes which interested her. She’s been described as a person who was a principal architect

Speech

Acceptance speech for award from Congressional Families Action for Cancer

Host Herself a cancer survivor, Mrs. O’Connor has made advocating unified team treatments for cancer patients for special cause. From her vantage point on the world’s most noticed, and most influential judicial panel, she can not only see what the public’s needs are, but with one word can greatly influence outcomes. Her advocacy of early detection and treatment weighs greatly with the American public. And we salute her efforts with this award today, for she i think is probably the best example in the world, that having breast cancer is not a death sentence, but that you can go on and be anything you want to be if you just address the problem. We honor you today. And please join me ask everyone here to join me in giving her our award today. Thank Sandra Day O’Connor Thank you. Thank you. I must say, Debbie, it was lovely to hear those words. But when I hear about the others you’ve honored today and hear the work that Dr. Klausner and people like Dr. Klausner are doing, I feel that my contribution to this discussion has been very small indeed. What this organization is about is building bridges, building bridges, from your communities and the wide sphere of brands and influence that each of you have to the centers of knowledge and skill and understanding about cancer and prostate cancer and what can be done to alleviate them? So your bridge builders and the other honorees or bridge builders, my bridge is very small. But my honor is very great. And being here today and being with

Speech

Acceptance speech for American Bar Association medal

Sandra Day O’Connor Attorney General Reno, President Cooper, and distinguished guests and members of the American Bar Association. My feelings at this moment are of gratitude for this signal honor you’ve bestowed on me. And of amazement over the unlikelihood of at all, that a cowgirl from Arizona would have found her way not only through law school, but through 45 years of experience in the legal profession all the way to our nation’s highest court and to This wonderful honor tonight in the city of San Francisco. It was here in this city in 1952, that I was sworn in to the State Bar of California. And that lovely courthouse now restored for the Court of Appeals. It was just south of here in Redwood City that I persuaded the county attorney to give me my first job as a lawyer. Follow the road to this podium has in fact been a long one. It seems very short to me. It feels like only a few years ago, that law school opened my eyes to the world of the rule of law, to the intrigue of legal analysis, and the satisfaction of solving people’s disputes through negotiation. And when all else fails, litigation, the American Bar Association was in existence long before I entered the legal profession. It’s been working throughout my years as a lawyer to study and analyze different subject areas of the law and to propose and help achieve improvements. It has been a strong supporter of a qualified, competent and independent judiciary. It has worked hard to support adequate compensation for