Works by Prof. Cited By Supreme Court in Landmark Gun Case and His Analysis Sought By National Blogs

Late last week the United States Supreme Court handed down its long-anticipated gun control decision in District of Columbia v. Heller. In the Court’s opinion, a book edited by Prof. Bogus is cited on pages 6, 16, and 20 of Justice Scalia’s majority opinion, while an amicus brief on behalf of a panel of distinguished historians for which he was Counsel is cited in on page 30 of Justice Stevens’ dissent. To read this opinion please click here.
National blogs from across the political spectrum also sought out Prof. Bogus for analysis of the Court’s decision.

Libertarian Dr. Roger Pilon Visits and Says Supreme Court Has It Way Wrong

In conjunction with a series of visits to leading law schools in New England, the RWU Law Federalist Society sponsored a lunch and talk by Dr. Roger Pilon, Vice President for Legal Affairs at the Cato Institute (a libertarian think tank) and publisher of the CATO Supreme Court Review. I last saw Roger in the mid-1990s, at a retreat sponsored by the Institute for Justice, on the subject of “Overturning Slaughterhouse” (the bête noir of economic libertarians, that eviscerated the Privileges and Immunities Clause), and I can report that on balance he still thinks the Supreme Court is botching constitutional interpretation despite a significant change in personnel in the intervening years.
In his talk, Dr. Pilon traced libertarian thought from the ancient Greeks, through the constitutional and founding era, and bemoaned the changes wrought by the Progressive Era both legislatively, and then by the New Deal Era Supreme Court. Things have not gotten much better since then in his view, with Justice Kennedy and, perhaps surprisingly, Justice Scalia, coming in for special criticism. He also identified US v. Lopez (1995) (which for a brief time suggested a willingness to curtail sweeping federal legislative power) and last term’s DC v. Heller gun control decision, as rare bright spots. In sum, he is dismayed that there has been so little traction for his preferred approach to deciding cases—a return to a limited government/”enumerated powers” jurisprudence.
Dr. Pilon fielded questions on Run Paul’s run for the Republican presidential nomination, whether a libertarian philosophy was up to the challenge and complexities of the modern world, and whether he thought Chief Justice Roberts “had an agenda.” In order: Paul was too weak on executive power; the verities of limited government never grow old; and yes, Roberts wants to improve the ability of the Court to speak with a unified voice. (Interestingly, this was very similar to the answer given by the Chief Justice when he was asked that exact question during a Q&A with RWU Law students last semester.

Four Judicial Clerks in America’s Paradise

With good reason, the U.S. Virgin Islands are called “America’s Paradise.” Beautiful tropical beaches and a laid-back atmosphere are a great backdrop for beginning a law career, as four recent RWU Law grads are learning. Nagesh Tammara ‘04 paved the way for Melissa Malloy ‘07, Meetu Dhar ‘07 and Mary Kibble ‘08 to reap the benefits of working in the hands-on environment of the Virgin Island court system.
Nagesh found his way to the Virgin Islands through a friend’s recommendation and his experience was rewarding. “I witnessed several high-profile trials and have gained invaluable knowledge and skills as I move forward in my career as a litigator.” He also made it a personal goal to inform other Roger Williams students of the diverse and invaluable opportunities that the Virgin Islands offer.
Melissa discovered the opportunities in the Virgin Islands through Nagesh’s postings on the RWU Law Career Services website. “I knew that I wanted to clerk because it would enable me to sharpen my analytic, research, and writing skills before beginning my career as a litigator and/or appellate attorney.” Part of what drew her to the Virgin Islands was that the fact that the court is very young providing the opportunity to research how a particular issue is dealt with across all U.S. jurisdictions. Furthermore, Melissa has the chance to help make new case law with each new opinion she drafts.
Meetu has been clerking in the Superior Court for a year now. She has received excellent mentorship from her Judge. “I knew he had a lot to offer me for my continued professional growth. He has provided me with the guidance and knowledge needed to transition from law school to a working environment.”
Mary Kibble begins her clerkship at the Supreme Court in St. Croix in September. Best of luck to our law graduates in paradise!