See pictures of Elena Kagan. Ann Althouse, another conservative blogger, wasn't so sure.
Even at the age of 23, Elena Kagan may have managed to disarm her future critics by qualifying her statements carefully. However, even at the age of 23, Kagan may have managed to disarm her future critics by qualifying her statements carefully — with a call for rigorous legal reasoning that is likely to undercut efforts to paint her as a judicial activist-in-waiting.
Perhaps most important, judges will have goals. And because this is so, judges will often try to mold and steer the law in order to promote certain ethical values and achieve certain social ends.
But Kagan went on to say that judges looking to use ethical precepts in guiding the outcome of cases must be careful to buttress their opinions with cogent arguments and persuasive legal rationales. Decision should be based upon legal principle and reason; they should appeal no less to our intellectual than to our ethical sense.
If a court cannot justify a ruling in terms of legal principle, then that court should stay its hand: No judge should hand down a decision that cannot plausibly be grounded in principles referable to an accepted source of law.
She argued that by citing at least four different rationales for creating or expanding the rule, the justices weakened it in such a way that allowed later courts to undermine it with a series of exceptions.Kagan’s decision to work with him—a very bright and up-and-coming but very young and virtually unknown scholar—may tell us as much about her as the thesis itself.
Senator Grassley about a thesis she wrote as a student at Oxford University, Kagan was candidly ironic: “Senator Grassley,” she replied, “all I can say about that paper is that it’s –it’s dangerous to write papers about the law before you’ve spent a day.
The University of Oxford (formally The Chancellor Masters and Scholars of the University of Oxford) is a collegiate research university located in Oxford, webkandii.com has no known date of foundation, but there is evidence of teaching as far back as , making it the oldest university in the English-speaking world and the world's second .
Elena Kagan was born on April 28, in New York City. 2. She attended Princeton University and graduated summa cum laude in with a bachelor's degree in history. In , she received a. In , Kagan received Princeton's Daniel M. Sachs Class of Graduating Scholarship, one of the highest general awards conferred by the university, which enabled her to study at Worcester College, webkandii.com part of her graduation requirement, Kagan wrote a thesis on "The Development and Erosion of the American Exclusionary Rule: .
In a far-from-conclusive effort to pinpoint Elena Kagan’s place on the ideological spectrum, the media have parsed her Princeton senior thesis, Oxford master’s thesis, law-clerk memos to Justice Thurgood Marshall, subsequent disagreements with him, Clinton White House memos, academic writings, speeches, legal briefs, and more.