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2000

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Full-Text Articles in Law

The Second Amendment: Structure, History, And Constitutional Change, David Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment to ...


Interview With Judge Harvey Bartle, Shirin Heidary, Harvey Bartle Iii, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Judge Harvey Bartle, Shirin Heidary, Harvey Bartle Iii, 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.

Harvey Bartle III (L '65) is a senior judge of the United States District Court, Eastern District of Pennsylvania. He served as chief judge of that court from 2006 to 2011.


Interview With Jerome J. Shestack, Mark Malcoun, Jerome J. Shestack, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Jerome J. Shestack, Mark Malcoun, Jerome J. Shestack, 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.

Jerome J. Shestack practice law in Philadelphia from 1955 until his death in 2011. He was active in Democratic politics and in civil rights and international human rights. H served as president of the American Bar Association in 1997/1998. In 1980 Penn Law School named him an Honorary Fellow; his address to that year's graduating class appeared in the Fall 1980 Penn Law Journal (http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1034&context=plj).


Interview With Frank Carano, Joanna Lee Levine, Frank Carano, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Frank Carano, Joanna Lee Levine, Frank Carano, 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.

James Carano (L '33) practiced law in his native Philadelphia for almost seventy years. He was active in the Philadelphia Bar Association and in the Italian-American community. In 2002 he endowed the Frank Carano Professorship of Law, currently held by Leo Katz.


Interview With Mary Catherine Roper, Christine Docherty, Mary Catherine Roper, University Of Pennsylvania Law School Legal Oral Hsitory Project Nov 2000

Interview With Mary Catherine Roper, Christine Docherty, Mary Catherine Roper, University Of Pennsylvania Law School Legal Oral Hsitory Project

Legal Oral History Project

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

Mary Catherine Roper (L '93) is the deputy legal director at the ACLU of Pennsylvania, where she coordinates litigation on a broad range of civil liberties issues, including freedom of speech, religious liberty, racial and ethnic justice, equality for lesbians and gay men, student rights, privacy, prisoners’ rights, and police misconduct. Prior to joining the ACLU, Mary Catherine was a partner in the firm of Drinker Biddle and Reath, where she was well known for her commitment to pro bono work. After law school, she clerked ...


Interview With Arthur Makadon, Marjorie A. George, Arthur Makadon, Legal Oral History Project, University Of Pennsylvania Law School Nov 2000

Interview With Arthur Makadon, Marjorie A. George, Arthur Makadon, 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.

Arthur Makadon (L '68) was a major figure in the Philadelphia bar and in Philadelphia politics. Most of his legal career was spent at Ballard Spahr, where he served as chair from 2002 to 2011. The Arthur Makadon Appellate Advocacy Program at the Law School was established in his honor by Ballard Spahr. He died in 2013.


Why Pragmatism Works For Me, Catharine P. Wells Nov 2000

Why Pragmatism Works For Me, Catharine P. Wells

Boston College Law School Faculty Papers

In this Article the author explores the growth of her interest in pragmatic legal theory. Pragmatism is often portrayed as a kind of black hole in the philosophical universe. It is defined not by the weight of its theories but instead by the counterweight of its anti-theoretical teachings. Whatever the reason, pragmatism’s lack of adherents has resulted in a number of misconceptions about its limitations. Among them are: (1) Pragmatism is banal in the sense that it only tells us to continue with our common sense practices (2) Pragmatism is relativistic in that it reduces everything to viewpoint and ...


Interview With Justice Randy J. Holland, Katie Harrison, Randy J. Holland, Legal Oral History Project, University Of Pennsylvania Law School Oct 2000

Interview With Justice Randy J. Holland, Katie Harrison, Randy J. Holland, 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.

Randy J. Holland (L '72) served as a Justice of the Delaware Supreme Court from 1986 until his retirement in 2017. At the time of his appointment he was the youngest person ever to serve on that court.


Grade Distribution - Fall Semester 2000, Office Of Registrar Oct 2000

Grade Distribution - Fall Semester 2000, Office Of Registrar

Semester Schedules and Information

No abstract provided.


The Remarkable Career Of Joe Grano, Robert A. Sedler Oct 2000

The Remarkable Career Of Joe Grano, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet Oct 2000

Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet

UF Law Faculty Publications

As a matter of law, Puerto Rico has been a colony for an uninterrupted period of over five hundred years. In modern times, colonialism—the status of a polity with a definable territory that lacks sovereignty because legal/political authority is exercised by a peoples distinguishable from the inhabitants of the colonized region—is the only legal status that the isla (island) has known. This Article posits that Puerto Rico's colonial status—particularly its intrinsic legal and social constructs of second-class citizenship for Puerto Ricans—is incompatible with contemporary law or a sensible theory of justice and morality.

Puerto ...


Professor Waller's Un-American Approach To Antitrust, Robert H. Lande Oct 2000

Professor Waller's Un-American Approach To Antitrust, Robert H. Lande

All Faculty Scholarship

Professor Waller asks an un-American question - what can the United States antitrust program learn from the rest of the world? This question is un-American because we in the United States rarely look to others for advice. Besides, we invented antitrust and we were practically alone in the world in enforcing antitrust for almost a century. Only during the current generation have many other nations had active and vigorous antitrust programs. Moreover, the United States is in the business of exporting our accumulated century of antitrust wisdom through a wide variety of methods, and we revel in playing this role. We ...


The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman Oct 2000

The Racial Origins Of Modern Criminal Procedure, Michael J. Klarman

Michigan Law Review

The constitutional law of state criminal procedure was born between the First and Second World Wars. Prior to 1920, the Supreme Court had upset the results of the state criminal justice system in just a handful of cases, all involving race discrimination in jury selection. By 1940, however, the Court had interpreted the Due Process Clause of the Fourteenth Amendment to invalidate state criminal convictions in a wide variety of settings: mob-dominated trials, violation of the right to counsel, coerced confessions, financially-biased judges, and knowingly perjured testimony by prosecution witnesses. In addition, the Court had broadened its earlier decisions forbidding ...


The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley Oct 2000

The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley

Michigan Law Review

In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that ...


Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday Sep 2000

Contest And Consent: A Legal History Of Marital Rape, Jill Elaine Hasday

Jill Elaine Hasday

No abstract provided.


An Ethnography Of Abstractions?, Annelise Riles Sep 2000

An Ethnography Of Abstractions?, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin Sep 2000

Religions, Human Rights, And Civil Society: Lessons From The Seventeenth Century For The Twenty-First Century, J. Paul Martin

BYU Law Review

No abstract provided.


Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers Aug 2000

Legal Institutions In Professor H.L.A. Hart's Concept Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii Jul 2000

Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii

Faculty Publications

On April 6, 2001, the U.S. Sentencing Commission approved a group of amendments to guidelines governing the sentencing of economic crimes. These measures, collectively known to as the “economic crime package,” are the culmination of some six years of deliberations by both the Conaboy and Murphy Sentencing Commissions working together with interested outside groups such as the defense bar, the Justice Department, probation officers, and the Criminal Law Committee of the U.S. Judicial Conference, The package contains three basic components. First, the now-separate theft and fraud guidelines, Sections 2B1.1 and 2F1.1, will be consolidated into a ...


John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer Jul 2000

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


A Vision Of The Future Of Appellate Practice And Process, George Nicholson Jul 2000

A Vision Of The Future Of Appellate Practice And Process, George Nicholson

The Journal of Appellate Practice and Process

Technology is changing appellate practice in two different ways. The first, is increasing efficiency. Technology is also changing the scope and direction of traditional appellate practice and process.


The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer Jul 2000

The Effect Of Courtroom Technologies On And In Appellate Proceedings And Courtrooms, Fredric I. Lederer

The Journal of Appellate Practice and Process

The information presented to courts has traditionally been written and oral. Many courts are adopting technology into the courtroom. Changing the record from text to multi-media is the most sweeping of these changes.


Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy Jul 2000

Technological Developments In Legal Research, Lynn Foster, Bruce Kennedy

The Journal of Appellate Practice and Process

Technology has created new types of legal research and means of access to the law. Specific to appellate practice, technology has changed how decisions are published and the nature of legal research. Technology has even created a debate on who owns the different forms of case law.


Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker Jul 2000

Electronic Filing In North Carolina: Using The Internet Instead Of The Interstate, Deborah Leonard Parker

The Journal of Appellate Practice and Process

Traditionally, an attorney working down to the wire on an appellate brief has to be done by the courier service’s deadline. If the deadline is missed, the attorney must then race, for possibly hours, down the interstate to reach the courthouse in time. North Carolina has adopted a system that eliminates this pressure.


Cd-Rom Briefs: Are We There Yet?, Marilyn Devin Jul 2000

Cd-Rom Briefs: Are We There Yet?, Marilyn Devin

The Journal of Appellate Practice and Process

Three years after the first CD-ROM brief was accepted, there is debate on acceptance as a regular practice. Issues include what the legal profession and the courts have done about adopting CD-ROM briefs, what obstacles are being encountered, and how those obstacles are being dealt with. Both views are examined along with the circumstances in which a CD-ROM brief is likely to be accepted favorably by a court.


Tv Or Not Tv: The Telecast Of Appellate Arguments In Pennsylvania, Stephen J. Mcewen Jul 2000

Tv Or Not Tv: The Telecast Of Appellate Arguments In Pennsylvania, Stephen J. Mcewen

The Journal of Appellate Practice and Process

The Pennsylvania Superior Court began televising en banc oral arguments. The reception of this practice has been extremely positive. The essay discusses the development of televising oral arguments in Pennsylvania’s Superior Court.


Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather Jul 2000

Thawing Out The Cold Record: Some Thoughts On How Videotaped Records May Affect Traditional Standards Of Deference On Direct And Collateral Review, Robert C. Owen, Melissa Mather

The Journal of Appellate Practice and Process

Appellate courts are unable to “smell the smoke of battle” from a trial. For this reason, a trial court’s decision is owed deference when examining an appeal. Video technology makes this reason for deference less relevant.


Collegiality And Technology, Michael R. Murphy Jul 2000

Collegiality And Technology, Michael R. Murphy

The Journal of Appellate Practice and Process

Collegiality is the relationship between colleagues. While technology may ease communication between colleagues, it may not increase collegiality. To technological advances that appellate courts are adapting are teleconferencing and electronic mail. This essay takes a critical look at both with regards to their effect on collegiality.


Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint Jul 2000

Minnesota Court Of Appeals Hears Oral Argument Via Interactive Teleconferencing Technology, Edward Toussaint

The Journal of Appellate Practice and Process

In an effort to provide affordable access to the appellate process, the Minnesota Court of Appeals has adopted Interactive Video Teleconferencing. The Chief Judge of the Minnesota Court of Appeals discusses the history behind the decision, implementation, and the benefits along with the challenges of implementing Interactive Video Teleconferencing.


Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan Jul 2000

Redefining Rehearing: Previewing Appellate Decisions Online, J. Thomas Sullivan

The Journal of Appellate Practice and Process

Issuing preliminary opinions for public comment is similar to rehearings. The difference is that parties outside of the litigation are able to add commentary. Judges would then reevaluate the preliminary opinion, consider the submitted comments, and then issue a final opinion. Online access to judicial decisions could make this practice more efficient and effective than rehearings.