Creative moments in law

June 2, 2008
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Valparaiso University School of Law professor Robert Blomquist has written a paper, “Thinking about Law and Creativity: On the 100 Most Creative Moments in American Law.” Blomquist sent a survey to a bunch of legal historians to find out what they felt were some of America’s most innovate legal moments. Of course, the U.S. Constitution and the ratification debates top the list, followed by other important U.S. documents – the Declaration of Independence, Bill of Rights, and Articles of Confederation.  

More modern moments include Brown v. Board of Education at No. 10; Roe v. Wade, at No. 21; the Civil Rights Act at No. 34; and Miranda v. Arizona at No. 82. Even former U.S. Vice President Al Gore made the list at No. 68 with his book, “Earth in the Balance,” and movie, “An Inconvenient Truth.” The case Goldberg v. Kelly, which dealt with due process and welfare recipients, came in at No. 100. A complete list of the rankings and professor Blomquist’s 98-page paper can be read here.



 What do you think about the list? Do all the documents that our Founding Fathers created belong at the top or should something else have been ranked higher? Anything on the list (or that didn’t make the list) surprise you?
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  • Curious the 14th amendment isn\'t ranked higher given its somewhat duplicitous nature. On its face, it grants rights to individual citizens but its lasting affect has been to take rights away from states. I don\'t argue with its wisdom necessarily, but such a stealthy maneuver on such a grand scale strikes me as pretty creative.

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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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