Luke Milligan wins another Cardinal Lawyer contest

Professor Luke Milligan has been making a habit of winning Cardinal Lawyer contests. In response to a call for submissions to the University of Louisville's constitutional photo gallery, Professor Milligan submitted the following item on The new Second Amendment:

The story of Wickard v. Filburn: Agriculture, aggregation, and commerce

Roscoe Filburn

The Story of Wickard v. Filburn: Agriculture, Aggregation, and Commerce, in Constitutional Law Stories (Michael C. Dorf, ed., 2d ed., Foundation Press, forthcoming 2009). Abstracted in the University of Louisville School of Law Legal Studies Research Paper Series, No. 2008-40:

Abstract: This article tells the story of Wickard v. Filburn, 317 U.S. 111 (1942). After providing a survey of American agriculture and its regulation between the World Wars, this article describes the constitutional landmark that began as a controversy over Roscoe Filburn's 1941 wheat crop. Wickard v. Filburn represents a pivotal moment in the Supreme Court's effort to define Congress's power "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Greater turmoil over commerce clause jurisprudence has breathed new life into Wickard v. Filburn.

The story of Roscoe Filburn is prominently featured in the University of Louisville's constitutional photo gallery.

Editor's note: Cross-posted at Jurisdynamics.

Looking back at the Kentucky Supreme Court's visit

Constitution Day 2008

Happy Constitution Day!

Celebrate by watching these videos discussing recent decisions by the Supreme Court of the United States:

D.C. v. Heller: The New Second Amendment

Luke Milligan and Jim Chen

The Supreme Court Decision in Medellin: When Doctrinal Heads Explode

Samuel A. Marcosson

These videos, incidentally, represent two of the earliest dividends paid by the Law School's new multimedia page. More details will be forthcoming in a future post here at The Cardinal Lawyer.

Constitutional curiosities: A 21-question scavenger hunt

King vulture

Happy Constitution Day!

The Law School and the University of Louisville invite you to celebrate by taking part in this scavenger hunt. You can answer all 21 questions in the hunt simply by reading the United States Constitution:

  1. Of which state are you a citizen?

  2. Are you eligible for the House of Representatives? The Senate? The Presidency? If not, why not?

  3. Bill Dodge, the son of two United States citizens, was born in Niger during his parents’ African travels. Ousseini Abdoulaye was born in Niger on the very same day; Ousseini’s parents, however, were citizens of Niger. Ousseini later moves to the United States and becomes a United States citizen. Assume that both Bill and Ousseini are 40 years old and have lived in the United States for at least 20 years. Is either Bill or Ousseini eligible to serve as President?

  4. The original Constitution contemplated the continuation of slavery in those states that permitted slavery as of 1787. Find the first instance of the word "slave" or "slavery" in the Constitution. If you don’t find either of these words in the original Constitution, what are the hints that the original Constitution contemplated and tolerated slavery?

Thomas FitzGerald wins the Heinz Award in the Environment

Thomas FitzGerald

Thomas J. FitzGerald, an adjunct member of the Law School faculty, has won the 2008 Heinz Award in the Environment. The Heinz Award committee describes FitzGerald, founder and director of the Kentucky Resources Council, as "a thoughtful and courageous advocate on behalf of those whose environmental health is most at risk." As "an influential voice in improving the environmental landscape within his home state and across the nation," FitzGerald has made his nickname, Fitz, "synonymous with environmental protection in Kentucky."

According to the Louisville Courier-Journal, FitzGerald came to Kentucky after reading Harry M. Caudill's Night Comes to the Cumberlands (1963), which "described corporate plunder of mineral wealth in Eastern Kentucky." FitzGerald said that "he was inspired by people 'who had the courage to stand up against the ravages of strip mining.'" Over the course of his career, he has in turn inspired — and protected — many others. In the opinion of Kentucky's former secretary for the environment, LaJuana S. Wilcher, Tom FitzGerald has "probably done more to protect the environment of Kentucky than any other individual."

Tom FitzGerald embodies the values of dedicated advocacy and public service that the Law School strives to instill in all of its students. We're proud to be associated with him, and we congratulate him on his prestigious and richly deserved award.

Justice past and Justice present

Justice past and Justice present

In connection with the Kentucky Supreme Court's visit to the Law School, the Louisville Bar Association held a reception on September 10 for the Justices. This photo of retired Justice Martin Johnstone and sitting Chief Justice John Minton appears in a comprehensive photo set by Donald H. Vish.

The Law School takes this opportunity to thank the Justices of our Supreme Court for spending two days on campus, hearing arguments in six cases, and fielding questions from students and members of the broader community. We are grateful for the Justices' company, wisdom, and dedication to the Commonwealth.

Martin Johnstone and John Minton

Constitution Day at the University of Louisville ... and a Cardinal Lawyer contest

Barry Faulkner, The Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

United States Constitution, preamble


The United States Constitution has inspired politicians, philosophers, and ordinary people around the world. Constitutional law forms an important part of the Law School's curriculum and research agenda. University of Louisville faculty members have devoted considerable attention to the Constitution, its interpretation, and its social meaning. Lawyers with diverse practices and specializations share a background in constitutional law, which in turn unites the practicing bar in a common civil culture based on the Constitution and its role in American history and politics. Constitutional law, for all practical purposes, is a core component of the so-called "civic religion" of the United States.

The Law School therefore takes great pride in contributing to the University of Louisville's annual commemoration of Constitution Day. This year's program will consist of two videos presenting the views of Law School faculty on recent Supreme Court decisions. (One of those videos will feature Luke Milligan's thoughts on the Second Amendment and District of Columbia v. Heller, with color commentary by another member of the Law School faculty.) Those videos will be posted on the Law School's Constitution Day website on or before September 17, 2008. They will also play on monitors at the Law School on September 17. We invite other institutions, throughout the Commonwealth of Kentucky and elsewhere, to link to this page and to use its resources in their own celebrations of Constitution Day.

In the meanwhile, the Law School's Constitution Day website is already open for business. Readers of The Cardinal Lawyer can help build a key part of this site. Please continue reading to learn about a Cardinal Lawyer contest open to all readers . . . .

Social networking for lawyers and legal academics

Jim Chen's Facebook Profile
Jim Chen's social networks
Jim Chen's Cardinal Circle profile
J.C. Redbird on Twitter
Jim Chen's LinkedIn profile
Jim Chen's Plaxo profile
Jim Chen's bookmarks

Lawyers and legal academics are among the slowest to adopt new forms of information technology. Then there are those among us who have not only dipped into Law 2.0, but affirmatively dived into blogging and social networking. These days, decent website templates and CSS stylesheets should enable most law firms and law schools to integrate at least one blog feed into each individual lawyer's or faculty member's home page. So it is, I am proud to say, at our Law School. Yes, extensible markup language is our friend, because it enables us to blend feeds from our faculty blog, our SSRN research paper series, and our BEPress Selected Works showcase into individual faculty pages and throughout the Law School's website as a whole.

Social networking badges, on the other hand, have struck me as extremely scarce throughout the legal profession and legal academia. There is no good technological reason for this. Facebook provides all sorts of ready-made Javascript that allows anyone who can edit HTML to embed her or his own badge. Other social networking applications haven't quite caught up, but it's a straightforward coding exercise to craft a badge with the appropriate URLs and a few HTML tags. I've pasted an entire table of social networking badges from my personal home page. If I do say so myself, these badges have been very effective and popular, especially with recent graduates and current students.

I'd be happy to share my coding tricks. Indeed, I already have. All you need is a little skill with the right-click function on your mouse. If you insist, I'll send you the code . . . as long as you write me through one of the social networks I've linked through my badges.

Editor's note: Cross-posted on Law School Innovation and MoneyLaw.

The University of Louisville welcomes the Supreme Court of Kentucky

The Law School is exceptionally pleased to host the Supreme Court of Kentucky on Wednesday and Thursday, September 10-11, 2008. The Court will hear oral arguments in six cases, three each day, in the Allen Courtroom, beginning at 9 a.m. on each day. Justice Daniel J. Venters, sworn in earlier this week, will accompany his colleagues for the first time.

The oral argument sessions are open to the public. After the final argument each day, the Justices will address questions from the audience. Members of the audience should take care not to ask questions relating to the cases heard this week or to other cases pending before the Court. After Wednesday's session, law students are invited to lunch and conversation with the Justices in Cox Lounge.

With the assistance of the Louisville Bar Association, the Law School is pleased to offer live streaming video of the Supreme Court's sessions at the University of Louisville. In addition, on both days of the Court's visit, the Louisville Bar Association's Appellate Law Section will host a group viewing of the arguments in the Attorneys’ Room on the second floor of the Judicial Center.

For additional information, please consult the Law School's news announcement describing the Supreme Court's visit.