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74 Stan. L. Rev. Online 1 (2021)

handle is hein.journals/slro74 and id is 1 raw text is: 















ESSAY


                         She   Stood Up:
  The Life and Legacy of Deborah L. Rhode


                       Nora  Freeman  Engstrom*


    The  1978-1979 Term  was a busy one at the Supreme  Court. That's the
Term, civil procedure buffs might recall, where, in Parklane Hosiery Co. v. Shore,
the Court introduced offensive non-mutual collateral estoppel-an inelegantly
named  device that has eased the burden of many a plaintiff.1 It yielded Dunaway
v. New York, which helped to clarify what constitutes a seizure for purposes of
the Fourth Amendment.2  And, it brought us Orr v. Orr, a decision that struck
down  an Alabama  law that required only husbands to pay alimony because,
said the Court: No longer is the female destined solely for the home and the
rearing of the family, and only the male for the marketplace and the world of
ideas.3
    Something else stands out about the 1978-1979 Supreme Court Term: the
annual clerk photo. A tradition for Supreme Court law clerks, that portrait
displays an impressive number of esteemed individuals. Luminaries include
USC's Susan Estrich, the first female President of the Harvard Law Review and
the first female manager  of a major  presidential campaign (the ill-fated
Dukakis-Bentsen run of 1988); Robert Post, the 16th Dean of Yale Law School;
Stanford's own Hank Greely, a prolific and pioneering scholar of bioethics; and
Merrick  Garland, longtime  D.C. Circuit judge, onetime  Supreme  Court
nominee, and now United States Attorney General.4

* Ernest W. McFarland Professor of Law and Co-Director, Stanford Center on the Legal
  Profession, Stanford Law School. I am grateful to Ralph Cavanagh, John P. Freeman,
  Lawrence Friedman, David Freeman Engstrom, and Jason Solomon for helpful
  comments on prior drafts-and I am indebted to the indominable Eun Sze for surfacing
  this remarkable photo. All errors are mine alone.
  1. 439 U.S. 322 (1979).
  2. 442 U.S. 200 (1979).
  3. 440 U.S. 268, 280 (1979) (quotation marks omitted).
  4. For Estrich, who was, at the time, clerking for Justice Stevens, see Susan Estrich USC
    Gould School of Law Biography, https://perma.cc/4ER9-M92E. For Post and Garland,
    who were both clerking for Justice Brennan, see Marcia Coyle, Inside Merrick Garland's
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