Law and Politics Commons^™

The Sound Of Congressional Silence: Judicial Distortion Of The Legislative-Executive Balance Of Power, Matthew Baker

BYU Law Review

No abstract provided.

Interview With Senator Kent Conrad By Diane Dewhirst, Kent Conrad

George J. Mitchell Oral History Project

Biographical Note
Kent Conrad was born on March 12, 1948, in Bismarck, North Dakota, to Abigail and Gaylord Conrad. After graduating from Phillips Exeter Academy in 1966, he attended Stanford University; he later received an MBA from George Washington University. After college, Conrad became an assistant to the North Dakota tax commissioner. He became tax commissioner in 1980, a job he held until 1986, when he successfully ran for the Senate as a Democrat representing North Dakota, when George Mitchell was chair of the DSCC. In 1992, he chose not run for reelection because of a campaign promise he made …

Interview With Mary Catherine Toker By Brien Williams, Mary 'M.C.' C. Toker

George J. Mitchell Oral History Project

Biographical Note
Mary Catherine “M.C.” Toker was born on August 13, 1959, in Miami, Florida, to Donald L. Toker and Mary Brennan Toker. Her father was a physician for the U.S. Public Health Service, and Mary Toker grew up in various locales around the world, including London, Hong Kong, and Japan. By the time she went to high school, her family had settled in Washington, D.C. After high school she attended Mount St. Mary’s College in Emmitsburg, Maryland, and pursued a degree in international studies. She interned with the Department of Defense, where she worked on various policies regarding U.S. …

Interview With Paul Brountas (1) By Mike Hastings, Paul P. Brountas

George J. Mitchell Oral History Project

Biographical Note
Paul Peter Brountas was born on March 19, 1932, in Bangor, Maine. He and George Mitchell were classmates at Bowdoin College, where he was graduated with a bachelor’s degree in 1954; he took bachelor’s and master’s degrees from the University of Oxford in 1956 and his law degree from Harvard Law School in 1960. That same year, he joined Hale and Dorr, the predecessor of WilmerHale. He became a partner in 1968 and served as senior counsel to the firm from 2003 until his retirement in 2005. In 1987 and 1988, he served as national chairman of the …

Interview With Gerard Goldstein By Mike Hastings, Gerard D. Goldstein

George J. Mitchell Oral History Project

Biographical Note
Gerard Goldstein was born August 30, 1932, in Boston, Massachusetts, to Bernard and Tilly Jepsky Goldstein. His father’s family immigrated from Russia in the early 1900s and his father owned a shoe factory. His mother’s family were also Russian immigrants and were involved in the paint and wallpaper business. Gerard grew up in Lynn, Massachusetts, and attended Lynn English High School. He and George Mitchell were both in Bowdoin College’s class of 1954. While at Bowdoin, Goldstein played on the football team and was a member of ARU (All Races United) fraternity. He earned his law degree from …

Interview With Anita Jensen By Diane Dewhirst, Anita Jensen

George J. Mitchell Oral History Project

Biographical Note
Anita Holst-Jensen was born in Karl-Marx-Stadt (Chemnitz), East Germany, on March 16, 1945, to Rasma Rasmanis and Arvids Lusis. Her mother emigrated from Latvia in September of 1944, and Jensen was born in a displaced persons camp, where she lived until she was four years old. Her family eventually emigrated to Australia in 1949, settling in Victoria. Jensen received all of her schooling in Australia and went to university in Melbourne. She married Henning Holst-Jensen, and in 1966 they moved to Perth. When immigration into the United States became possible in 1968, they relocated to the Washington, D.C. …

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 …

Interview With Jeff Peterson By Brien Williams, Jeffrey 'Jeff' W. Peterson

George J. Mitchell Oral History Project

Biographical Note
Jeffrey Ward Peterson was born on March 23, 1954, in Lexington, Massachusetts, to Jean H. and Dr. Merrill D. Peterson. He grew up in Lexington until age ten, then moved to Charlottesville, Virginia, in 1964. He attended Bowdoin College and studied away for a semester at American University, where he held an internship with the Senate Subcommittee on Intergovernmental Relations. After graduation he worked in Maine for two years, married, and moved to Seattle, Washington, to attend the University of Washington Graduate School of Public Affairs, where he earned a master’s degree while working part-time for the Environmental …

Breaking Ground On The New Green Deal, Erin Ryan

Erin Ryan

This op-ed urges reluctant members of Congress to act on stimulus proposals to invest in a renewable energy economy.

Out Of The Box: The Future Of Retail Medical Clinics, William M. Sage

Faculty Scholarship

The 2000s was mostly a lost decade for reform of the health care delivery system. Among the few significant innovations was the retail medical clinic, where individuals could receive basic health care at posted prices without appointments, typically from nurse practitioners or physician assistants. Most retail clinics were associated with chain drugstores, supermarkets, or other "big box" retailers. This short article describes the implications of the retail clinic model for US health policy and health care reform. It is no longer available from the online journal in which it originally appeared.

Interview With Juris Ubans By Andrea L’Hommedieu, Juris Ubans

George J. Mitchell Oral History Project

Biographical Note
Juris Ubans was born on July 12, 1938, in Riga, Latvia. When Ubans was six years old he and his mother and two brothers fled Latvia while his father remained behind to recover from typhoid fever. In 1950 Ubans, his mother and brothers arrived in the United States, eventually settling in Syracuse, New York. His mother taught languages at Syracuse University, which he and his brothers all attended. He initially studied engineering but eventually decided to pursue art like his father. He spent two years in the army, from 1957 to 1959, and was graduated from Syracuse University …

Interview With Joanne Hoffmann By Brien Williams, Joanne A. Hoffmann

George J. Mitchell Oral History Project

Biographical Note
Joanne Amnott Hoffmann was born April 23, 1936, in Lewiston, Maine. Her father was the chief of police in Lewiston, and her mother was a housewife. Joanne graduated from Lewiston High School and continued her education at the Auburn School of Commerce, learning shorthand and typing. She became a legal secretary, first working for Harris Isaacson and then for the firm of Clifford & Clifford under William Clifford. In 1959, she moved to Washington, DC, as Senator Muskie’s personal secretary. She stayed in the Senate office until 1965, when she married Frank “Nordy” Hoffmann, a Washington lobbyist and …

Interview With Scott And Carrie Logan By Mike Hastings, Carrie M. Logan, J. Scott Logan

George J. Mitchell Oral History Project

Biographical Note
Scott Logan was born on February 17, 1977, in Exeter, New Hampshire. His father, Terence Logan, held a Ph.D. from Harvard University and taught English at the University of New Hampshire. Scott’s mother was from rural southern Maryland, and they met at Newton College of the Sacred Heart, in Newton, Massachusetts, where Terence was a professor and Scott’s mother was a student. Scott grew up in Kennebunk, Maine, and was interested in collecting and selling antiques, and in local history. For this business, he received a scholarship from the National Association of the Self-Employed. He was also one …

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 …

Brief Of The Conference Of Chief Justices As Amicus Curiae In Support Of Neither Party, Caperton V. A.T. Massey Coal Co., No. 08-22 (U.S. Jan. 5, 2009), Roy A. Schotland

U.S. Supreme Court Briefs

No abstract provided.

Regulating Robocalls: Are Automated Calls The Sound Of, Or A Threat To, Democracy, Jason C. Miller

Michigan Telecommunications & Technology Law Review

African-American voters receive a phone message implying that they are not registered to vote. Others hear "an almost threatening male voice," a "fake New York accent," factual distortions about legislation, false endorsements from controversial groups, calls promoting one candidate claiming to be from his opponent, and a constant barrage of annoying phone calls designed to make voters think a different candidate was sponsoring them. These messages were delivered through automated political telephone calls, also known as robocalls. Robocalls are cheap and efficient--one can deliver a pre-recorded message through 100,000 automated phone calls in one hour for only $2000. Consequently, robocalls …

The Maine Women's Advocate (2009 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2009 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Constitution And The American Federal System, Robert A. Sedler

Law Faculty Research Publications

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.

How The Dissent Becomes The Majority: Using Federalism To Transform Coalitions In The U.S. Supreme Court, Tonja Jacobi, Vanessa A. Baird

Faculty Articles

This Article proposes that dissenting Supreme Court Justices provide cues in their written opinions about how future litigants can reframe case facts and legal arguments in similar future cases to garner majority support. Questions of federal-state power cut across most other substantive legal issues, and this can provide a mechanism for splitting existing majorities in future cases. By signaling to future litigants when this potential exists, dissenting judges can transform a dissent into a majority in similar future cases.

We undertake an empirical investigation of dissenting opinions in which the dissenting Justice suggests that future cases ought to be framed …

Ideology And Exceptionalism In Intellectual Property: An Empirical Study, Matthew Sag, Tonja Jacobi, Maxim Sytch

Faculty Articles

In this Article, we examine the effect of judicial ideology on IP case outcomes before the Supreme Court from 1954 to 2006. We find that ideology is a significant determinant of IP cases: the more conservative a justice is, the more likely he or she is to vote in favor of recognizing and enforcing rights to intellectual property. We also find evidence that the relationship is more complex than a purely ideological account would suggest; our results suggest that law matters too. We find that a number of factors that are specific to IP are also consequential. Additionally, we show …

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

One Person, One Vote, One Application: District Court Decision In Ray V. Texas Upholds Texas Absentee Voting Law That Disenfranchises Elderly And Disabled Voters, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Against Gridlock: The Viability Of Interest-Based Legislative Negotiation, Gregory Brazeal

Gregory Brazeal

Early evaluations of the Obama administration have often focused on the administration’s legislative negotiation strategies. But these discussions have largely neglected the distinction between two basic types of negotiation recognized in the professional negotiation literature: positional (or hard-bargaining) negotiation, and interest-based (or principled) negotiation. The former attempts to secure the maximum share of a fixed amount of value by adopting an extreme position, knowing that it will not be accepted, and then using a combination of guile, bluffing, and brinksmanship to cede as little as possible before reaching a deal. The latter, which President Obama has practiced since at least …

Thomas Hardy’S Tess Of The D’Urbervilles, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Violation Of Right To Way, Right To Access Of Light And Right To Access Of Air And Other Easementary Rights, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Comparative Study Of The Prinicples Of Contract Formation Of India, China, Usa And France, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Non Resumption Of Cohabatation As A Fault Ground Of Divorce Under The Hindu Marriage Act, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.