Foreword: The Legacy of Justice John Paul Stevens

By Dunbar, Lindsay S.; Meixner, John B. | Northwestern University Law Review, April 1, 2012 | Go to article overview

Foreword: The Legacy of Justice John Paul Stevens


Dunbar, Lindsay S., Meixner, John B., Northwestern University Law Review


When Justice John Paul Stevens announced his retirement in April of 2010, the editors of the Northwestern University Law Review had already begun planning a long-overdue celebration of his life and work. Nearly sixty-five years after Justice Stevens's graduation from Northwestern University School of Law, on May 12, 2011, the Law Review and the Law School had the privilege of welcoming him back to his old classroom in Lincoln Hall for a day of reflection on his distinguished career.

Over the course of four academic panels and a luncheon tribute panel, a distinguished group of legal scholars, journalists, and Justice Stevens's former clerks explored the Justice's legacy not only on the Court, but also on the legal profession. Panelists commented on Justice Stevens's executive power jurisprudence, his interpretation of the Free Exercise and Establishment Clauses of the First Amendment,1 his trajectory on the Court, and finally his interpretive methods. This issue contains the scholarly work that resulted from this day of discussion and celebration. Additionally, the Justice gave the address at Northwestern University School of Law's 2011 graduation ceremony, and he has been kind enough to share those remarks with us in the issue. The variety of the issue's contents is a testament to the immense impact that Justice Stevens had on many areas of the law and, of course, on many lawyers, journalists, and scholars.

Some of Justice Stevens's former clerks recalled this incredible human touch. During their panel, they shared an inside look at their time in Justice Stevens's chambers. Though clerks from the early years of Justice Stevens's tenure shared the dais with clerks from his final years on the Court, they all remembered the time and attention the Justice provided to the young lawyers who worked for him. In their pieces, they pay tribute to Justice Stevens as a mentor.

The pieces arising from the panel regarding Justice Stevens's executive power jurisprudence cover a wide range of some of the Justice's most momentous opinions, most notably his landmark decision in Chevron U.S.A. Inc. v. NRDC.2 Professor Thomas Merrill frames the opinion in terms of Justice Stevens's orientation as a common law judge, arguing that the Justice did not intend to endorse the principle for which Chevron is now thought to stand. Professor Aziz Huq ties Chevron, among other opinions, to the "institution matching" canon, showing how institution matching persists in a variety of executive powers decisions. Professor Dawn Johnsen examines the Justice's role in executive detention cases following September 11, 2001, such as Hamdi v. Rumsfeld, in which Justice Stevens joined a dissent authored by Justice Antonin Scalia,3 as well as Rasul v. Bush,4 Hamdan v. Rumsfeld,5 and Boumediene v. Bush.6 Finally, Professor Steven G. Calabresi discusses Justice Stevens's role in separation of powers decisions, examining the doctrine through a historical lens.

The panel on Justice Stevens's role in religion cases yielded pieces focusing on the Justice's principled approach to the Establishment and Free Exercise Clauses. Professor Andrew Koppelman argues that although Justice Stevens is sometimes viewed as having been hostile toward religion, he actually enthusiastically supported religion through jurisprudence that encouraged religious neutrality. In a similar vein, Dean Erwin Chemerinsky's piece argues in support of the Justice's "strict separationist" approach to church-state issues. Finally, Professor Alan Brownstein reconciles Justice Stevens's differing views of the expansiveness of the Establishment and Free Exercise Clauses by framing both in terms of the Justice's concerns about religious equality.

A diverse collection of papers resulted from the panel that examined Justice Stevens's trajectory on the Court. Professor Stefanie A. Lindquist's empirical study of Justice Stevens's voting on the Seventh Circuit serves as a prequel to his tenure on the Supreme Court and asserts that then-Judge Stevens's frequent dissents and independent voting patterns formed the foundation of his later jurisprudence. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Foreword: The Legacy of Justice John Paul Stevens
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.