Digital Commons Network^™

Interview With David Emery By Mike Hastings, David F. Emery

George J. Mitchell Oral History Project

Biographical Note
David Farnham Emery was born on September 1, 1948, in Rockland, Maine. His father was a bookkeeper, accountant, and golfer (he also played baseball for the University of Pennsylvania), and his mother was a nurse. Both parents served in the military during World War II, his father as a staff sergeant and his mother as an officer. He grew up in a Republican family and attended Worcester Polytechnic Institute in Worcester, Massachusetts from 1967-1970. He was elected to the Maine legislature immediately after graduation, during the Vietnam War. In 1974, he was elected as a U.S. congressman during …

The New Adventures Of The Common Law, Damien P. Horigan

Pace International Law Review Online Companion

One of the arguably unexpected legal developments during the first decade of this century has been the emergence of new common law jurisdictions in a region with a very different legal heritage – the Arabian Peninsula. These young jurisdictions have been created specifically to foster the growth of new hubs for banking and finance. This article will examine these new adventures of the common law.

Interview With Martha Pope And David Pozorski By Brien Williams, Martha Pope, David R. Pozorski

George J. Mitchell Oral History Project

Biographical Note
Martha Pope was born in Newcastle, Pennsylvania, and grew up in Connecticut. She attended the University of Connecticut, majoring in sociology with minors in psychology and statistics and in art. She earned a master’s degree in art education at Southern Connecticut University. She taught art for five years in elementary and junior high school, and then she moved to Washington, D.C. and started work on Capitol Hill. She worked for Senator John Culver, and when Culver lost his bid for reelection, Senator Mitchell kept her on as Environment and Public Works Committee staff focusing on fish and wildlife …

Interview With Alan Simpson By Brien Williams, Alan K. Simpson

George J. Mitchell Oral History Project

Biographical Note
Alan K. Simpson was born September 2, 1931. He attended Cody, Wyoming, public schools and the University of Wyoming, taking a B.S. degree in 1954 and a law degree in 1958. In 1954, he married Susan Ann Schroll, who was a fellow student at the University of Wyoming. He practiced law in Cody, held positions as assistant attorney general and city attorney, and was a United States Commissioner from 1959-1969. He was elected to the Wyoming House of Representatives from 1964-1977. Subsequently, he served in the U.S. Senate as a Republican representing Wyoming from 1979-1997, first by briefly …

Interview With Pat Sarcone By Brien Williams, Patricia 'Pat' A. Sarcone

George J. Mitchell Oral History Project

Biographical Note
Patricia Ann Sarcone was born in Newport, Rhode Island. She grew up in Des Moines, Iowa, and was graduated from St. Mary College in Leavenworth, Kansas, with a degree in business administration. In 1969 she joined Iowa Senator Harold Hughes’s staff in Washington, DC, where she remained until 1975. She then worked on Iowa Senator John Culver’s staff until 1980, when she joined Walter Mondale’s presidential campaign. She worked for Occidental International before joining Senator George Mitchell’s staff in 1988, working as Mitchell’s executive assistant until he retired in 1994, when she transitioned to work for Senator Tom …

Interview With Barbara Keefe By Andrea L’Hommedieu, Barbara Keefe

George J. Mitchell Oral History Project

Biographical Note
Barbara Keefe was born in Jersey City, New Jersey, in 1940, and grew up in Trenton, New Jersey. She was graduated from Seton Hall University. She received a fellowship to study deaf education and worked at the Governor Baxter School for the Deaf, Mackworth Island, Maine. She joined the League of Women Voters and became involved in the National Women’s Political Caucus. She was treasurer for Senator Mitchell’s reelection campaigns in 1982 and 1988, and she has served on the Mitchell Institute Board since 1994.

Summary
Interview includes discussion of: Keefe’s introduction to politics through her father’s involvement; …

Interview With Gordon Weil By Andrea L’Hommedieu, Gordon L. Weil

George J. Mitchell Oral History Project

Biographical Note
Gordon Lee Weil was born March 12, 1937, in Mineola, New York, and grew up on Long Island. Sadye, his mother, worked for the Red Cross and was chairman of nursing services in Nassau County and of the USO during World War II, and she served as state president of the National Council of Jewish Women. Gordon attended Hempstead High School and Bowdoin College, where he majored in history with a concentration in government. He was on the Agriculture Committee of the 1956 Democratic Party pre-convention platform committee in Maine and served as a page at the 1956 …

Interview With Tim O’Neil By Mike Hastings, H. 'Tim' Timothy O'Neil

George J. Mitchell Oral History Project

Biographical Note
Hugh Timothy “Tim” O’Neil was born in Geneva, New York, on June 13, 1935, to Mary Ann (Perrella) and Hugh Joseph O’Neil. He grew up in Binghamton, New York, and attended Colgate University. He married while he was a student there and graduated with a major in sociology. He spent nine years working in sales for Goodyear, then moved to Maine where he worked for Noyes Tire for nineteen years. He later worked for Portland Glass, becoming the company’s president. He first met George Mitchell as a litigator on the other side of a case involving Portland Glass, …

Interview With Harris Wofford By Brien Williams, Harris L. Wofford

George J. Mitchell Oral History Project

Biographical Note
Harris Llewellyn Wofford was born April 9, 1926, in New York City. He attended the University of Chicago and both Yale and Howard University Law Schools. During World War II he served in the Air Force. From 1954 to 1958 he served as an attorney for the Commission on Civil Rights, then in 1959 began teaching law at Notre Dame. He was an unofficial advisor to Martin Luther King, Jr. and an advisor to John F. Kennedy’s 1960 presidential campaign. He became Kennedy’s special assistant on civil rights and helped form the Peace Corps, serving as the Peace …

Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Harlan Reynolds

Scholarly Works

This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …

Interview With Tom Daschle By Brien Williams, Thomas 'Tom' A. Daschle

George J. Mitchell Oral History Project

Biographical Note
Thomas Andrew Daschle was born on December 9, 1947, in Aberdeen, South Dakota, to Elizabeth B. Meier and Sebastian C. Daschle. He attended South Dakota State University, being graduated with a degree in political science in 1969. After college he served as an intelligence officer in the U.S. Air Force. He started in politics as a staff member to South Dakota Senator James Abourezk. In 1978, Daschle was elected to the U.S. House of Representatives and served for four terms there. In 1986, he ran for the U.S. Senate and won, serving until he lost the seat in …

Interview With Hoddy Hildreth By Mike Hastings, Horace 'Hoddy' A. Hildreth, Jr.

George J. Mitchell Oral History Project

Biographical Note
Horace “Hoddy” Hildreth was born on December 17, 1931, in Cambridge, Massachusetts, to Katherine Cable Wing and Horace A. Hildreth, Sr. His father attended Bowdoin College and Harvard Law School, was Maine state senator, and later served as Maine’s governor from 1942 to 1946. His mother, Katherine Hildreth, was from the Midwest and attended Vassar College. Hoddy was graduated from Bowdoin College with a major in English and was a classmate of George Mitchell. He earned his law degree at Columbia and then returned to Maine to practice law at Pierce Atwood, where he did lobbying for paper …

Harassment Handbook, Jovon Bell, Kevin Blanch, Vashon Broadnax, Dallas Cline, Candi Lee

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Harassment presents itself as a challenging annoyance, which most everyone will have to confront over a period of time. As defined by the Equal Employment Opportunity Commission, harassment is commonly transferred via some type of unwelcome communicated behavior, which includes discrimination (2007). There are several motives for which harassment can occur, including race, gender, religion, sexual orientation, and disability. Titles VI and VII of the Civil Rights Act of 1964, and Title IX of the Educational Amendments of 1972 are two federal discrimination laws that help protect residents of the United States from occurrences including both discrimination and harassment, that …

Interview With Chris Mann By Mike Hastings, Christopher 'Chris' Mann

George J. Mitchell Oral History Project

Biographical Note
Christopher Mann was born December 19, 1962, in Augusta, Maine. His parents were Alden and Deana Mann. His father was a Maine native who worked for the State Bureau of Banks and Banking as the director of Securities. Chris grew up in Augusta, attended Cony High School and was graduated with a degree in political science from the University of Southern Maine. He worked on Joe Brennan’s 1988 congressional campaign. After that, Mary McAleney offered him a position doing research for the state legislature. He later moved to Washington, D.C., to work in the mailroom for Senator Mitchell’s …

Interview With Berl Bernhard By Brien Williams, Berl Bernhard

George J. Mitchell Oral History Project

Biographical Note
Berl Bernhard was born in New York City on September 7, 1929, to Morris and Celia (Nadele) Bernhard. He grew up in New Jersey, then attended Dartmouth College, graduating in 1951, and took his law degree at Yale Law School in 1954. His law career began in Washington as a law clerk to Luther Youngdahl. In the late 1950s he took a position on the Civil Rights Commission, and he was appointed staff director by John Kennedy in 1961. In 1963 he returned to private practice and in 1965 became counsel to the Democratic Senate Campaign Committee. He …

"Good Politics Is Good Government": The Troubling History Of Mayoral Control Of The Public Schools In Twentieth-Century Chicago, James (Jim) C. Carl

Educational Studies, Research, and Technology Department Faculty Publications

This article looks at urban education through the vantage point of Chicago's mayors. It begins with Carter H. Harrison II (who served from 1897 to 1905 and again from 1911 to 1915) and ends with Richard M. Daley (1989 to the present), with most of the focus on four long-serving mayors: William Hale Thompson (1915--23 and 1927--31), Edward Kelly (1933--47), Richard J. Daley (1955--76), and Harold Washington (1983--87). Mayors exercised significant leverage in the Chicago Public Schools throughout the twentieth century, making the history of Chicago mayors' educational politics relevant to the contemporary trend in urban education to give more …

Interview With Sharon Sudbay By Mike Hastings, Sharon A. Sudbay

George J. Mitchell Oral History Project

Biographical Note
Sharon Sudbay was born on October 10, 1958, in Portland, Maine, to Rita Madonna Joyce and Charles Clifford Sudbay, Jr. She grew up on Munjoy Hill in Portland and graduated from Portland High School. She attended the University of New Hampshire and worked as a telephone operator throughout her college years; she was graduated with a degree in political science in 1980. She volunteered on Harold Pachios’s 1980 congressional campaign and learned FEC reporting. She worked on Joe Brennan’s 1982 gubernatorial campaign and organized fund raisers. She was hired to work for Mitchell’s 1982 campaign and stayed on …

Policing, Place, And Race, Bennett Capers

Faculty Scholarship

No abstract provided.

When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo

Faculty Publications

No abstract provided.

In Re Tenancy By The Entirety-Married Couples, Common Law Marriages, And Same-Sex Partners: Orth V. Orth, John V. Orth

Faculty Publications

No abstract provided.

So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland

Articles

No abstract provided.

The Eu's Protectionism Problem, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

Constitutions For The 21st Century: Emerging Patterns-The Eu, Iraq, Afghanistan…, Chibli Mallat

Faculty Scholarship

Professor Mallat delivered the Third Annual Herbert L. Bernstein Memorial Lecture in Comparative Law in 2004 and this article is based on his remarks. The article is included in the inaugural volume of CICLOPs that collects the first six Bernstein lectures. Strong moments in constitution-making often result from traumas; the breakthroughs by the European Union and constitutional achievements by both Iraq and Afghanistan stand as modern examples. The traumas of Europe, Afghanistan, and Iraq have been typified by violent conflict over the past century, including two World Wars, the Cold War, and the ‘war on terrorism’. Efforts and successes at …

Emotional Common Sense As Constitutional Law, Terry A. Maroney

Vanderbilt Law School Faculty Publications

In Gonzales v. Carhart the Supreme Court invoked post-abortion regret to justify a ban on a particular abortion procedure. The Court was proudly folk-psychological, representing its observations about women's emotional experiences as "self-evident." That such observations could drive critical legal determinations was, apparently, even more self-evident, as it received no mention at all. Far from being sui generis, Carhart reflects a previously unidentified norm permeating constitutional jurisprudence: reliance on what this Article coins "emotional common sense." Emotional common sense is what one unreflectively thinks she knows about the emotions. A species of common sense, it seems obvious and universal to …

In The Sweat Box: A Historical Perspective On The Detention Of Material Witnesses, Carolyn B. Ramsey

Publications

After the September 11 terrorist attacks, the Justice Department detained scores of allegedly suspicious persons under a federal material witness statute--a tactic that provoked a great deal of controversy. Most critics assume that the abuse of material witness laws is a new development. Yet, rather than being transformed by the War on Terror, the detention of material witnesses is a coercive strategy that police officers across the nation have used since the nineteenth century to build cases against suspects. Fears of extraordinary violence or social breakdown played at most an indirect role in its advent and growth. Rather, it has …

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Articles

No abstract provided.

Extraterritorial Electioneering And The Globalization Of American Elections, Zephyr Teachout

Faculty Scholarship

This Essay explores a fascinating new truth: because of the Internet, governments, corporations, and citizens of other countries can now meaningfully participate in United States elections. They can phone bank, editorialize, and organize in ways that impact a candidate's image, the narrative structure of a campaign, and the mobilization of base support. Foreign governments can bankroll newspapers that will be read by millions of voters. Foreign companies can enlist employees in massive cross-continental email campaigns. Foreign activists can set up offline meetings and organize door-to-door campaigns in central Ohio. They can, in short, influence who wins and who loses. Depending …

Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson

Articles & Book Chapters

Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …

"Who's The Man?": Masculinities Studies, Terry Stops, And Police Training, Frank Rudy Cooper

Scholarly Works

In this article, Professor Frank Rudy Cooper examines how masculinity contests specifically, and masculinities studies generally, affect policing. He reviews the hegemonic masculinities school of thought and identifies the following background principles of the hegemonic pattern of masculinities in the United States: (1) men's concern with the opinions of other men; (2) anxiety over whether one has proved one's manhood; (3) a competitiveness reflected in a need to dominate other men and a general aggressiveness; and (4) a denigration of contrast figures reflected in a repudiation of femininity and homosexuality as well as subordination of racial minorities. Then he identifies …

The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams

Faculty Scholarship

No abstract provided.