Legal Education Commons^™

Nowhere To Run To, Nowhere To Hide, Praveen Kosuri, Lynnise Pantin

All Faculty Scholarship

As the COVID-19 global pandemic ravaged the United States, exacerbating the country’s existing racial disparities, Black and brown small business owners navigated unprecedented obstacles to stay afloat. Adding even more hardship and challenges, the United States also engaged in a nationwide racial reckoning in the wake of the murder of George Floyd resulting in wide-scale protests in the same neighborhoods that initially saw a disproportionate impact of COVID-19 and harming many of the same Black and brown business owners. These business owners had to operate in an environment in which they experienced recurring trauma, mental anguish and uncertainty, along with …

Addressing Allyship In A Time Of A “Thousand Papercuts”, Rangita De Silva De Alwis

All Faculty Scholarship

In 2020, a team of students in the class on Women, Law and Leadership students interviewed 100 male law students on their philosophy on leadership and conducted several surveys on allyship and subtle bias. Complementing the allyship interviews, the class developed several survey instruments to examine emerging bias protocols and stereotype threats among a new generation of leaders at Penn Law from a diverse demographic. This exploration looked at individual patterns of conduct, institutional policies and organizational behavior that could combat a new generation of structural and systemic biases. Thirty years after the landmark study by Lani Guinier, we look …

The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll

All Faculty Scholarship

2018 marks the 60th anniversary of the publication of Franco Modigliani and Merton Miller’s The Cost of Capital, Corporation Finance, and the Theory of Investment. Widely hailed as the foundation of modern finance, their article, which purports to demonstrate that a firm’s value is independent of its capital structure, is little known by lawyers, including legal academics. That is unfortunate because the Modigliani-Miller capital structure irrelevancy proposition (when inverted) provides a framework that can be extremely useful to legal academics, practicing attorneys and judges.

A Dose Of Color, A Dose Of Reality: Contextualizing Intentional Tort Actions With Black Documentaries, Regina Austin

All Faculty Scholarship

This article describes the way documentary films can provide important cultural context in the assessment of tort claims. This kind of contextual analysis exposes the social conditions that drive legal disputes. For example, in the case of Klayman v. Obama, Larry Klayman claimed that Black Lives Matter, among other defendants, was liable for various intentional torts (including intentional infliction of emotional distress) by fomenting hostility toward the police in black communities. The court dismissed the case but declined to hold Klayman liable for sanctions. One documentary film, I Am Not Your Negro, locates Klayman’s claims in a historical …

Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman

All Faculty Scholarship

What Setsuo has accomplished over these past 30 years is nothing short of remarkable. I can think of no other scholar within or outside of Japan who has had a greater impact on both the legal academic community and society more generally. Indeed, when Setsuo was still quite young he had already written a number of influential articles. But they turn out to represent only a fraction of his extraordinary output over the next years. In reflecting on Setsuo’s many achievements, I am particularly drawn to comment on three of them. First, his empirical and comparative law and society scholarship, …

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Next "New Wave": Law Genre Documentaries, Lawyering In Support Of The Creative Process, And Visual Legal Advocacy, Regina Austin

All Faculty Scholarship

Unlike law-related feature films, law-related documentary or nonfiction films have rarely been the subject of legal scholarship, nor have they been extensively used as teaching tools throughout the law school curriculum. The lack of interest in such films is explained by a number of popular misconceptions about documentaries, such as their “genre-lessness” or the lack of common threads running through the films that facilitate critical reception; the elusive nature of documentary truth; the films’ fixation on victimization and by necessity the exploitation of the films’ subjects; and the lack of practical payoff for law students and lawyers from critically studying …

Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Howard Gittis (L '58) was a partner at Wolff Block Solis Cohen and later vice chairman and a close adviser to Ronald Perelman at MacAndrews & Forbes. He served on the Temple University Board of Trustees for 27 years, including six years as chair. He died in 2007.

Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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TImothy J. Carson (W '70) has practiced in Philadelphia for forty years in the field of public sector law, especially public finance. He is currently a partner at Dilworth Paxson LLP. He is an elected Fellow of the American College of Bond Counsel.

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff

All Faculty Scholarship

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …

Interview With Leon S. Forman, Jason E. Dymbort, Leon S. Forman, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Leon S. Forman (L'39) was an authority on bankruptcy and creditors' rights. He practiced law for more than sixty years and served as chairman of the Philadelphia Bar Association's corporation, banking and business law section, and as chairman of the Pennsylvania Bar Association's bankruptcy committee. He was a member of the American Law Institute. He taught bankruptcy and creditors' rights at the Law School of the University of Pennsylvania and at Temple University School of Law. He died in 2006.

Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Michael Levy (L '69) is the Chief of Computer Crimes at the United States Attorney’s Office for the Eastern District of Pennsylvania. He has served in the U.S. Department of Justice since 1980 with two one-year excursions into private practice. Before joining the U.S. Attorney’s office, Mr. Levy worked as a Public Defender and as an Assistant District Attorney in Philadelphia and as an Assistant Attorney General for the Commonwealth of Pennsylvania. He also had his own law practice for four years.

Humanity And The Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Cynthia E. White (L '80) worked in the City of Phialdelphia Law Department from 1984 to 2017, becoming Chief Deputy Solicitor of the Tax Unit in 1995. She has also served as president and board chairman of the Consumer Bankruptcy Assistance Project

Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Robert C. Sheehan (L '69) has practiced at Skadden, Arps since 1969 and served as Executive Partner from 1994 to 2009. He was won several awards for leadership and for pro bono work. He currently oversees Skadden's pro bono program. From 1996 to 2012 he was a member of the Penn Law Board of Overseers.

Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Professor Azizah al-Hibri (L '85) is a Professor Emerita at the University of Richmond Law School, having served on the faculty from 1992 until her retirement in 2012. Her work has centered on developing an Islamic jurisprudence and body of Islamic law that are gender equitable and promote human rights and democratic governance. Professor al-Hibri has authored numerous book chapters, essays, and law review articles on these subjects, and her work has appeared in the highly respected Journal of Law and Religion, Harvard International Review …

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

Legal Oral History Project

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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.

Interview With Morris M. Shuster, Todd J. Griset, Morris M. Shuster, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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After 35 years in private practice, Morris M. Shuster (L'56) began teaching clinical practice and dispute resolution at Penn Law School in 1991. He endowed a faculty chair in clinical practice at Penn Law (currently held by Douglas Frenkel) and a public interest fellowship program through the Philadelphia Bar Foundation. He died in 2012.

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

Legal Oral History Project

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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.

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

Legal Oral History Project

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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, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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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 the Law School’s …

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

Legal Oral History Project

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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, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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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., Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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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, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

No abstract provided.

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

Legal Oral History Project

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

Legal Oral History Project

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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, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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

Legal Oral History Project

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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 …