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2001

Legal History

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Full-Text Articles in Law

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark Dec 2001

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark

Publications

Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.


Interview With David L. Cohen, Miranda Solomon, David L. Cohen, Universsity Of Pennsylvania Law School Legal Oral History Project Dec 2001

Interview With David L. Cohen, Miranda Solomon, David L. Cohen, Universsity Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For a transcript of this interview, click on the Download button above.

David L. Cohen (L '81) is the senior executive vice president of Comcast Corporation and chair of the University of Pennsylvania board of trustees. From 1992 to 1997 he served as chief of staff to Philadelphia Mayor Ed Rendell, and from 1997 to 2002 he was chair of Ballard Spahr.


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Interview With Kenneth W. Hansen, Megan Becher, Kenneth W. Hansen, Legal Oral History Project, University Of Pennsylvania Law School Nov 2001

Interview With Kenneth W. Hansen, Megan Becher, Kenneth W. Hansen, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Kenneth W. Hansen (L '83) practices in the areas of international transactions and US Department of Energy project financings. Before going into private practice he served as counsel to the Overseas Private Investment Corporation and as general counsel to the Export-Import Bank of the United States. he has also taught economics and finance at a number of institutions.


“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson Nov 2001

“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines “sexual identity” as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual “equality” upon the silencing of gay, lesbian, bisexual, and transgender individuals.

This Article proceeds in five parts. Part I provides an introduction to the case and issues.Part II discusses the evolution ...


Interview With Fernando Chang-Muy, Crystal Fu, Fernando Chang-Muy, University Of Pennsylvania Law School Legal Oral History Project Oct 2001

Interview With Fernando Chang-Muy, Crystal Fu, Fernando Chang-Muy, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Fernando Chang-Muy teaches and practices in the area of immigration and refugee law. He has been an adjunct professor at Penn Law since 1994. He has served as a legal officer for the UN High Commissioner on Refugees and the World Health Organization.


Interview With Douglas Frenkel, Megan Becher, Todd Griset, Rasheena Harris, Crystal Fu, Kathleen Craven, Miranda Salomon, Maryanne Small, Jay Rittberg, Douglas N. Frenkel, University Of Pennsylvania Law School Legal Oral History Project Oct 2001

Interview With Douglas Frenkel, Megan Becher, Todd Griset, Rasheena Harris, Crystal Fu, Kathleen Craven, Miranda Salomon, Maryanne Small, Jay Rittberg, Douglas N. Frenkel, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above.

Douglas Frenkel (L'72), Morris Shuster Practice Professor of Law at Penn, is the architect of Penn Law’s nationally renowned clinical program, having served as Director of the Gittis Center for Clinical Legal Studies from 1980 to 2008. He specializes in alternative dispute resolution generally and mediation in particular. He is the author of innovative teaching materials and videotapes in this field and frequently serves as a mediator in employment, commercial, educational and family matters. Frenkel’s other major area of expertise is legal ethics, having been a founding faculty member of ...


Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff Oct 2001

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff

Cornell Law Faculty Publications

The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does ...


Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor Oct 2001

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor

Boston College Law School Faculty Papers

No abstract provided.


Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel Oct 2001

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the ...


Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld Jul 2001

Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld

Cornell Law Faculty Publications

The conventional wisdom is that most trials are won or lost in jury selection. If this is true, then in many capital cases, jury selection is literally a matter of life or death. Given these high stakes and Supreme Court case law setting out standards for voir dire in capital cases, one might expect a sophisticated and thoughtful process in which each side carefully considers which jurors would be best in the particular case. Instead, it turns out that voir dire in capital cases is woefully ineffective at the most elementary task--weeding out unqualified jurors.

Empirical evidence reveals that many ...


Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala Jun 2001

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


When Was The Yale Law School Really Founded?, Michael T. Sansbury May 2001

When Was The Yale Law School Really Founded?, Michael T. Sansbury

Student Legal History Papers

In 1874, during the celebration of the Yale Law School's "Semicentennial Anniversary," Theodore Woolsey, a former Yale President and Professor at the Law School, claimed that the Law School had been founded in 1824 when a group of students were listed as "Law Students" in the Yale Catalogue. These students studied in a small proprietary law school started by Seth P. Staples and operated, in 1824, by Samuel J. Hitchcock and David Daggett. Their listing in the catalogue seems to indicate a connection between the Staples-Hitchcock-Daggett school and Yale College. Since 1874, Yale historians and the Yale Law School ...


A Tribute To Professor Stephen H. Schulman, Alan Schenk Apr 2001

A Tribute To Professor Stephen H. Schulman, Alan Schenk

Law Faculty Research Publications

No abstract provided.


Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Repondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham Mar 2001

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Repondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham

U.S. Supreme Court Briefs

No abstract provided.


Interview With Daniel L. Greenberg, Ria C. Momblanco, Daniel L. Greenberg, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With Daniel L. Greenberg, Ria C. Momblanco, Daniel L. Greenberg, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Daniel L. Greenberg oversees the pro bono program at Schulte Roth & Zable LLP. From 1987 to 1995 he directed clinical legal programs at Harvard Law School, and from 1995 to 2004 he was executive director of New York City's Legal Aid Society. He has been named an honorary fellow of Penn Law School.


Interview With André L. Dennis, Joanna L. Levine, André L. Dennis, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With André L. Dennis, Joanna L. Levine, André L. Dennis, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

André L. Dennis practices in Philadelphia in the areas of civil rights and product liability, among others.. He represented Ramona Africa in her lawsuit against the city of Philadelphia after the 1985 MOVE bombing. In 1997 he was named an honorary fellow of Penn Law School.


Interview With E. Clinton Bamberger, Jr., Erik Lieberman, E. Clinton Bamberger Jr., University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With E. Clinton Bamberger, Jr., Erik Lieberman, E. Clinton Bamberger Jr., University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

E. Clinton Bamberger Jr. was the first director of legal services in the federal Office of Economic Opportunity, and later of Community Legal Services. He practiced law in Baltimore, where he represented the petitioner in the landmark case of Brady v. Maryland. In 1981 he was made an honorary fellow of Penn Law School. He died in 2013.


Interview With Rhonda Copelon, Elizabeth Carrott, Rhonda Copelon, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With Rhonda Copelon, Elizabeth Carrott, Rhonda Copelon, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

No abstract provided.


Interview With Hans F. Loeser, Larry Seymour, Hans F. Loeser, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With Hans F. Loeser, Larry Seymour, Hans F. Loeser, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

A graduate of Harvard Law School, Hans Loeser joined the Boston firm of Foley, Hoag & Eliot, where he founded one of the country's first pro bono programs. He co-founded and chaired the Lawyers Committee for Civil Rights under Law of the Boston Bar Association and the Boston Lawyers Vietnam Committee, which earned him a spot on President Richard Nixon's "enemies list." He has been named an honorary fellow of the Penn Law School. He died in 2010.


Interview With Justice Cruz Reynoso, Will Proctor, Cruz Reynoso, University Of Pennsylvania Legal Oral History Project Mar 2001

Interview With Justice Cruz Reynoso, Will Proctor, Cruz Reynoso, University Of Pennsylvania Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Cruz Reynoso served as associate justice for the Third District Court of Appeals (1976-1981) and the Supreme Court (1981-1986) of California. From 1993 to 2000 he was a member of the US Commission on Civil Rights. He has been named an honorary fellow of Penn Law School.


Interview With Bruce J. Terris, Corinne Levy, Bruce J. Terris, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With Bruce J. Terris, Corinne Levy, Bruce J. Terris, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Bruce J. Terris was an assistant in the US Solicitor General's office from 1958 to 1965, where he argued sixteen cases before the Supreme Court. In 1970 he went into private practice. He was counsel in many landmark environmental law cases and was active in numerous District of Columbia-area nonprofits. In 1977 he was named a Penn Law honorary fellow. He died in 2017.


Interview With Ira J. Kurzban, Kristin Smith, Ira J. Kurzban, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With Ira J. Kurzban, Kristin Smith, Ira J. Kurzban, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Ira J. Kurzban is a partner in the law firm of Kurzban Kurzban Tetzeli & Pratt, P.A., of Miami, Florida, and serves as adjunct faculty member in Immigration and Nationality Law at the University of Miami School of Law. He is also a founding board member of Immigrants' List, a political action committee focusing on immigration issues. He was a founder of the Institute for Justice & Democracy in Haiti and served as Board Chair from 2004-2019. He has been named an honorary fellow of Penn Law ...


The Place Of Form In The Fundamentals Of Law, Robert S. Summers Mar 2001

The Place Of Form In The Fundamentals Of Law, Robert S. Summers

Cornell Law Faculty Publications

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non-formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule ...


Interview With Eli Rosenbaum, Deborah Weisbein, Eli Rosenbaum, University Of Pennsylvania Law School Legal Oral History Project Mar 2001

Interview With Eli Rosenbaum, Deborah Weisbein, Eli Rosenbaum, University Of Pennsylvania Law School Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Eli M. Rosenbaum (WG'77) served as director of the U.S. DOJ Office of Special Investigations, which was primarily responsible for identifying, denaturalizing, and deporting Nazi war criminals, from 1994 to 2010, when the office was merged into the new Human Rights and Special Prosecution Section. He is now the Director of Human Rights Enforcement Strategy and Policy in the new Department of Justice section. He is the primary author of Betrayal: The Untold Story of the Kurt Waldheim Investigation, which narrates the inquiry he ...


Interview With William R. Klaus, Rosanna V. Perretta, William R. Klaus, University Of Pennsylvania Legal Oral History Project Feb 2001

Interview With William R. Klaus, Rosanna V. Perretta, William R. Klaus, University Of Pennsylvania Legal Oral History Project

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.


Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko Jan 2001

Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, Frances Howell Rudko

Faculty Publications

Marshall thought that the solution to emancipation and the end to slavery were to be nationally funded. He considered slavery a national problem, not a state problem, as most of his fellow Virginians insisted. In this he differed from most southerners who argued that slave matters were state matters and that the nation could involve itself in the institution of slavery only by strictly adhering to the role assigned to it by the Constitution under the three fifths clause and the fugitive slave clause.


The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash Jan 2001

The Constitutional Convention Of 1937: The Original Meaning Of The New Jurisprudential Deal, Kurt T. Lash

Law Faculty Publications

The paper traces the dramatic jurisprudential innovations of the New Deal Revolution, including the articulation of incorporation theory, the abandonment of judicial construction of state common law, and the ascension of textual originalism as the Court's method of constitutional interpretation. I argue that the New Deal Court transcended the political goals of the Roosevelt administration and attempted to restructure the nature of legitimate judicial review in a post-Lochner world. Acting, in effect, as a constitutional convention, the Court not only changed the nature of judicial review, it altered the shape of the Constitution in ways that cut across modern ...


A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook Jan 2001

A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.


Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches Jan 2001

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Articles

No abstract provided.