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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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