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Legal Biography

2016

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Articles 1 - 30 of 37

Full-Text Articles in Law

Clark Memorandum: Fall 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Nov 2016

Clark Memorandum: Fall 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan Oct 2016

Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan

William & Mary Bill of Rights Journal

Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia’s opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia’s judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court ...


2016 Distinguished Service Award Program Sep 2016

2016 Distinguished Service Award Program

Distinguished Service Awards

No abstract provided.


From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos Sep 2016

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

Articles

If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that ...


For Judith S. Kaye, Susan Herman Jul 2016

For Judith S. Kaye, Susan Herman

Faculty Scholarship

No abstract provided.


Doug Kahn: The Pied Piper Of Tax Law, Barrie Lawson Loeks, Burt P. Rosen Jun 2016

Doug Kahn: The Pied Piper Of Tax Law, Barrie Lawson Loeks, Burt P. Rosen

Michigan Business & Entrepreneurial Law Review

Doug Kahn’s love of tax law appears to be contagious. His wife was a tax lawyer, his son is now a tax law professor, and even his daughter in law is a tax lawyer. Doug may have caught the “tax disease” from his elder brother, who was also a leading tax lawyer. In politics, we have the Kennedys, the Bushes, and the Clintons; in the world of tax law, we have the Kahn family dynasty. One can only assume that the discussions around the family Thanksgiving table sliced and diced tax regulations and policies right along with the turkey ...


Doug Kahn: Class Master, Dennis E. Ross Jun 2016

Doug Kahn: Class Master, Dennis E. Ross

Michigan Business & Entrepreneurial Law Review

Doug has always been a bit of a departure from the professorial norm. Teaching for Doug was no accommodation to the job, no activity collateral to his true ambition, but rather an openly genuine attempt to engage his students and pull them into a subject that he obviously loved. His evident joy when in front of a class closed any distance with his students, no small feat considering the subject matter. Tax is forbidding territory for many, and Doug was justifiably known for his refusal to dumb the material down. Thus, much of his class may have been there reluctantly ...


Hanging Together: A Multilateral Approach To Taxing Multinationals, Reuven S. Avi-Yonah Jun 2016

Hanging Together: A Multilateral Approach To Taxing Multinationals, Reuven S. Avi-Yonah

Michigan Business & Entrepreneurial Law Review

The recent revelation that many multinational enterprises (MNEs) pay very little tax to the countries they operate in has led to various proposals to change the ways they are taxed. Most of these proposals, however, do not address the fundamental flaws in the international tax regime that allow companies like Apple or Starbucks to legally avoid taxation. In particular, the Organization for Economic Co-operation and Development (OECD) has been working on a Base Erosion and Profit Shifting (BEPS) project and is supposed to make recommendations to the G20, but it is not clear yet whether this will result in a ...


A Grateful Testimonial To Doug Kahn, Terrence G. Perris Jun 2016

A Grateful Testimonial To Doug Kahn, Terrence G. Perris

Michigan Business & Entrepreneurial Law Review

It is difficult for me to accept the reality that Doug Kahn is about to retire after a triumphant fifty-two year tenure as a professor at the University of Michigan Law School. For much of the nearly forty-seven years of my association with the Law School, first as a student and then as an alumnus, Doug has practically symbolized the Law School for me, as he went from being a revered teacher, to a valued mentor, to a dear friend, to a colleague and co-author, and, dare I say, to virtually a member of the family. But I am only ...


Where Does One Begin To Describe A Professor Who Literally Changed Your Life?, Kelli Turner Jun 2016

Where Does One Begin To Describe A Professor Who Literally Changed Your Life?, Kelli Turner

Michigan Business & Entrepreneurial Law Review

A bit of background to set the stage, if you’ll indulge me. Growing up in West Bloomfield, Michigan, I was never overly ambitious, nor did I have any lofty academic goals. In particular, I never had any desire to go to law school or, for that matter, to become a lawyer. I come from a family of trial attorneys and it never interested me much. I was a numbers person and didn’t enjoy a lot of deep reading and essay writing (somewhat ironic as I’m writing this for a law journal). But when I started in public ...


Doug Kahn - A Personal Appreciation, Patricia D. White Jun 2016

Doug Kahn - A Personal Appreciation, Patricia D. White

Michigan Business & Entrepreneurial Law Review

Doug Kahn has a booming laugh and an infectious enthusiasm for his subject. I am one of the legions of students who were infected by the tax bug—thanks to Doug. It is appropriate that, on the occasion of his retirement, some of us who were most infected reflect on Doug’s influence in our lives. In my case this is easy. I owe the basic contours of my career to Doug. I graduated from Michigan Law in 1974. Times were different then. I graduated never having had a female instructor. There were no women on the faculty. Only thirteen ...


The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn Jun 2016

The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn

Michigan Business & Entrepreneurial Law Review

In the fall semester of 1964, a young Douglas Kahn joined the faculty of the University of Michigan Law School. During the spring semester of 2016, he will teach his final course as a full-time faculty member. For the interim fifty two years, he has been a fixture of the Michigan law school community. As a tax professor, former student, and his son, I am pleased and honored to write this introduction for an edition of the Michigan Business & Entrepreneurial Law Review honoring Professor Kahn’s tenure at the University of Michigan.


A Note, Robert T. Pelinka Jr. Jun 2016

A Note, Robert T. Pelinka Jr.

Michigan Business & Entrepreneurial Law Review

I find it quite meaningful that heartwarming reflections about Douglas Kahn come very naturally to me. Perhaps that, in and of itself, says something about this incredible man. For context, my time in physical proximity to Professor Kahn came during my years as a student-athlete at the University of Michigan, where I graduated from the Ross School of Business, and the Law School. I was also a member of The Michigan Wolverines Basketball Team, where I participated in three NCAA Final Fours, and earned an NCAA Championship Title. I mention these things, not to tout my own accomplishments, but rather ...


Glimpses Of Marshall In The Military, Kevin C. Walsh May 2016

Glimpses Of Marshall In The Military, Kevin C. Walsh

Law Faculty Publications

Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State. He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall has been serving his state and his country for a quarter century before he took judicial office. Marshall is an exemplar of professional excellence for all lawyers and judges ...


Funeral Notice Apr 2016

Funeral Notice

David McDonald (1842-1853)

Funeral notice for David McDonald's wife, Mary R. McDonald.


2016 Academy Of Law Alumni Fellows Dinner & Induction Ceremony Program Apr 2016

2016 Academy Of Law Alumni Fellows Dinner & Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.


The Uneasy Case For The Retirement Of Professor Douglas A. Kahn, Jeffrey H. Kahn Apr 2016

The Uneasy Case For The Retirement Of Professor Douglas A. Kahn, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.


What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison Mar 2016

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.


Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress Feb 2016

Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress

Cynthia Burress

For a variety of reasons, Muslims in America are in the public spotlight. As a result, the demand for information and analysis on Muslims and Islam in the United States has risen. In an effort to provide a resource for academics, advocates, journalists, and others, we created this bibliography composed of over 230 books published between 1970 and 2015 focused on Muslims and Islam in the United States. We did not include books that focus primarily on Islam and/or Muslims outside of the United States. The bibliography is categorized by subject matter and chronologically with the most recent publications ...


To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller Jan 2016

To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller

Scholarly Articles

Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book ...


Justice Stevens And Securities Law, Lyman P.Q. Johnson, Jason A. Cantone Jan 2016

Justice Stevens And Securities Law, Lyman P.Q. Johnson, Jason A. Cantone

Scholarly Articles

In this Article, we tell the overlooked story of Justice Stevens's important role in Supreme Court securities law decisions. In Part I, where we briefly highlight Stevens's career before his 1975 appointment to the Supreme Court, we observe that we can identify no evident interest in or connection to federal securities law or the securities industry, making his contributions all the more remarkable. The only foreshadowing of his prolific opinion-writing on the subject of securities law was his voluminous writing of opinions, in general, while serving on the Seventh Circuit Court of Appeals. This commitment to authoring opinions ...


On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins Jan 2016

On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins

Articles

The life of Judge Harry T. Edwards is one very much steeped in writing. His passion dates back at least to his years at Uniondale High School when he was the editor of the school newspaper. In the legal realm, that passion traces back to 1964 and his days on the Michigan Law Review when he published two student Notes. In the half-century since then, Judge Edwards has authored six books and more than 90 scholarly articles or essays. As a lawyer, educator, administrator, arbitrator, and now jurist, Harry Edwards has put his ideas into print concerning an array of ...


Donald Weidner And The Modern Law Of Partnerships, Robert W. Hillman Jan 2016

Donald Weidner And The Modern Law Of Partnerships, Robert W. Hillman

Florida State University Law Review

No abstract provided.


In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law, Michael S. Ariens Jan 2016

In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law, Michael S. Ariens

St. Mary's Law Journal

Tribute to Joe E. Anderson (1928–2016), Professor of Law, St. Mary's University School of Law.


Harry Pratter’S Wisdom, Jonathan Pratter Jan 2016

Harry Pratter’S Wisdom, Jonathan Pratter

Indiana Law Journal

From 1950 to 1994 Harry Pratter taught law at Indiana University- Bloomington. One of his favorite sayings (he had many of these) was Maitland’s “[T]aught law is tough law,” a phrase that a forty-four year teaching career entitles you to utter with some frequency. In response to Sartre’s notorious challenge, “Do you have anything to say?” Pratter could certainly answer yes. He took Sartre literally. Pratter preferred to speak—that is to teach, and not to write. The source of Pratter’s strong preference for speech over writing must remain a mystery. The consequence is that a ...


In Memory Of Thomas Bowman Black (1928–2016), Professor Of Law, St. Mary's University School Of Law (1974–1988), David Dittfurth Jan 2016

In Memory Of Thomas Bowman Black (1928–2016), Professor Of Law, St. Mary's University School Of Law (1974–1988), David Dittfurth

St. Mary's Law Journal

Tribute to Thomas Bowman Black (1928–2016), Professor of Law, St. Mary's University School of Law (1974–1988).


Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser Jan 2016

Closing Fireside Chat With The Assistant Attorney General For The U.S. Department Of Justice Antitrust Division, William Baer, Philip J. Weiser

Articles

This Closing Fireside Chat was the final session of the 16th annual Silicon Flatirons Center conference, The Digital Broadband Migration: The Evolving Industry Structure of the Digital Broadband Landscape, held on Feb. 1, 2016 in the Wittemyer Courtroom of the University of Colorado Law School.

"At the time this conference was held, William J. Baer was Assistant Attorney General for Antitrust in the United States Department of Justice. On April 17, 2016, President Obama asked Mr. Baer to become Acting Associate Attorney General of the United States. Video of this interview with Assistant Attorney General Baer is available at https ...


Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen Jan 2016

Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen

Articles & Chapters

No abstract provided.


Memorial: John J. Mcneill (1949-2016), Marie Stefanini Newman, Vicky Gannon Jan 2016

Memorial: John J. Mcneill (1949-2016), Marie Stefanini Newman, Vicky Gannon

Pace Law Faculty Publications

John McNeill, better known as Jack, died on January 18, 2016, after a lengthy battle with prostate cancer. Jack began working at Pace Law School (now known as Elisabeth Haub School of Law) in September 2000, where he initially served as head of reference services. Two years later, he was promoted to associate director, the position from which he retired in December 2015. He is survived by his sister and brother, two nephews, a niece, and five great-nieces and -nephews.


William Marshal, Great Knight And Protector Of Magna Carta: The Unknown Founder Of The Right Of Englishmen And Americans!, 50 J. Marshall L. Rev. 1 (2016), Allen Shoenberger Jan 2016

William Marshal, Great Knight And Protector Of Magna Carta: The Unknown Founder Of The Right Of Englishmen And Americans!, 50 J. Marshall L. Rev. 1 (2016), Allen Shoenberger

UIC John Marshall Law Review

No abstract provided.