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Articles 1 - 30 of 134
Full-Text Articles in Law
Felix Frankfurter, Collector Of People, John Q. Barrett
Felix Frankfurter, Collector Of People, John Q. Barrett
Touro Law Review
Felix Frankfurter engaged, intensely, with people—they were the treasures that he hunted down, evaluated, and collected. This essay, written on the great occasion of Brad Snyder’s Frankfurter biography, considers some of Frankfurter’s most treasured people. One group is people who made Frankfurter, including Frankfurter himself, Henry L. Stimson, and Franklin D. Roosevelt. Another group is Justice Frankfurter’s three great U.S. Supreme Court colleagues: Justices Hugo L. Black, Robert H. Jackson, and William O. Douglas. A third group is biographers who Frankfurter admired and pushed: Harlan Buddington Phillips, Mark DeWolfe Howe, Jr., McGeorge Bundy, Alexander Bickel, Andrew L. Kaufman, and Philip …
One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene
One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene
The Journal of Appellate Practice and Process
No abstract provided.
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Thomas L. Shaffer: A Remembrance, Noel Augustyn
Thomas L. Shaffer: A Remembrance, Noel Augustyn
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Tom and Nancy Shaffer
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick
The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick
Scholarly Works
In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.
Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding leadership. …
Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney
Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney
Dissertations, Theses, and Capstone Projects
This thesis is a screenplay for an imagined "biopic" of Mary Wollstonecraft. Wollstonecraft has already been the subject of many biographies, each presenting their authors' own understanding of her life. Here, I present my view, guided -- to varying and sometimes conflicting degrees -- by my understanding of her own fictionalized autobiographical efforts; by my understanding of Godwin's attempted work in his Memoir of the Author of the Vindication of the Rights of Woman; by the idea that her beliefs about virtue and freedom drove her forward through her own life; by the needs of narrative structure and the challenges …
Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray
Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray
Dissertations, Theses, and Capstone Projects
Sophie Lyons was a nineteenth-century American pickpocket, blackmailer, con-woman, and bank robber. She was raised in New York City's underworld, by Jewish immigrant parents who were criminals that trained their children to pick pockets and shoplift. "Pretty Sophie" possessed a rare combination of skill at thievery, intellect, guts and beauty and became the woman Herbert Ashbury described in Gangs of New York as, "the most notorious confidence woman America has ever produced." Newspapers around the world chronicled Sophie's exploits for more than sixty years, because her life read like a novel. Her mentor was another forgotten woman who held a …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Memoirs, Thomas L. Shaffer
Memoirs, Thomas L. Shaffer
1971–1975: Thomas L. Shaffer
Table of Contents
Chapter 1 My Grandparents 1
Chapter 2 On the Goat Farm 32
Chapter 3 A Little Boy's War 41
Chapter 4 Back to the Mountains 49
Chapter 5 Shelledy School 61
Chapter 6 The Shop 66
Chapter 7 Printer's Devil 77
Chapter 8 Fruita Union High School 86
Chapter 9 My Year with the Monks 95
Chapter 10 U.S.A.F. 113
Chapter 11 Newfoundland 122
Chapter 12 The College 136
Chapter 13 Coming to Notre Dame 144
Chapter 14 Law School 158
Chapter 15 On the Track 165
Chapter 16 The Firm 173
Chapter 17 Indianapolis 184
Chapter …
Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer
Articles
Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …
The Battle For The Soul Of International Shoe, Eric H. Schepard
The Battle For The Soul Of International Shoe, Eric H. Schepard
Eric H Schepard
In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Now over 36 years old, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond. Over the past thirty-six years NACD has grown from a mere realization of the importance of corporate governance to become the only national membership …
Judge Lawrence R. Lapolla, David J. Agatstein
Judge Lawrence R. Lapolla, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
In Memoriam: Katherine Vaughns
Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo
Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo
Faculty Books
Indice:
Capítulo 1. El estudio histórico-social de los juristas académicos: producción intelectual y papel político.
Capítulo 2. La independencia y la construcción inicial del estado (1800-1847).
Capítulo 3. Tiempos de disgregación y autoritarismo (1848-1958).
Capítulo 4. Institucionalización de la investigación y sus límites (1959-2012).
Capítulo 5. Conocimiento, política y revolución. - Apéndice: Mini biografías de los juristas académicos analizados.
Referencias.
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
All Faculty Scholarship
No abstract provided.
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Remembering Ed Baker, Tobias Barrington Wolff
Remembering Ed Baker, Tobias Barrington Wolff
All Faculty Scholarship
This is a short biographical piece honoring and describing deceased colleague C. Edwin Baker.
A Dean's Perspective On Ed Baker, Michael A. Fitts
A Dean's Perspective On Ed Baker, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Wise Man Of The Law, Anthony J. Scirica
A Wise Man Of The Law, Anthony J. Scirica
All Faculty Scholarship
No abstract provided.
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva
Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva
John D. Castiglione
State courts of last resort are, in many ways, the primary expositors of law in the United States. Criminal law, contracts, family law, wills, trusts, and estates -- just to name a few -- fall within their purview. And yet, we know surprisingly little about just who sits on these courts -- state supreme court judges have been described as “perhaps the most important and least written about group within the judicial system” of the United States. Indeed, the last study on the characteristics and experiences of the state supreme court justices is almost fifteen years old. This Article presents …
Meese, Edwin Iii (1931 - ), Gary L. Mcdowell
Meese, Edwin Iii (1931 - ), Gary L. Mcdowell
Jepson School of Leadership Studies articles, book chapters and other publications
U.S. attorney general. Born in Oakland, Calif., Meese received a B.A. from Yale (1953) and an LL.B. from the University of California, Berkeley (1956). After working at the Piedmont, Calif., Recreation Department, he became deputy district attorney in Alameda county, Calif., in 1959. In 1967, he joined the staff of Governor Ronald Reagan as legal affairs secretary, holding this post until 1969, when he became Reagan's executive assistant and chief of staff. He also served as the chairman of the Governor's Emergency Operations council during the urban and campus disorders of the 1960s and early 1970s.
Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke
Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke
Law Faculty Scholarly Articles
Abraham Lincoln is an icon of American history. He is prominently named in various opinion polls as among the best Presidents in the history of the United States. His stature as a great President is perhaps best reflected currently in the stream of events constituting a national two-year celebration of his 1809 birth. Even before that, however, scholarly and popular interest and Lincoln’s life and Presidency continued unabated, as indicated by the steady publication and success of books about him. Notable among these works is David Herbert Donald’s best-selling biography of our sixteenth President titled Lincoln.
Although Mr. Donald’s …
Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.
Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.
Scholarly Works
This article examines the professional life of former United States Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. I do so through the vehicle of perhaps his most perplexing client choice - deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances?
These are the specific questions that this …
Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm
Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm
ExpressO
Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court’s crucial voice in environmental and natural resources law cases. Kennedy’s central role was never more evident than in the two most celebrated environmental and natural resources law cases of 2006: Kelo v. New London and Rapanos v. U.S., since he supplied the critical vote in both: upholding local use of the condemnation power for economic development under certain circumstances, and affirming federal regulatory authority over wetlands which have a significant nexus to navigable waters. In each case Kennedy’s sole concurrence was outcome determinative.
Justice Kennedy has …
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Articles in Law Reviews & Other Academic Journals
William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.
In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …