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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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