Legal History Commons^™

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 …

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

Legal Oral History Project

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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 Allen D. Black, Isaac E. Dweck, Allen D. Black, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Allen D. Black (L '66) practices in the areas of commercial law and antitrust, specializing in complex litigation. He has been a member of the American Law Institute since 1976 and a member of the ALI Council since 1994. Prof. Steven Burbank has called him "quite simply one of the best and most thoughtful lawyers in the country, a highly successful litigator and important contributor to numerous law reform efforts."

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

Legal Oral History Project

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Jerome J. Shestack practiced law in Philadelphia from 1955 until his death in 2011. He was active in Democratic politics and in civil rights and international human rights. He 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 Leslie Reid Price, Daniel Gennatto, Leslie Reid Price, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Leslie Reid Price (L'72) practices real state and commercial law. She worked as in-house counsel to Philadelphia area real estate developer Rouse & Associates, now known as Liberty Property Trust.

Interview With Sherrie R. Savett, Sherrie R. Savett, Lisa Tahk, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Sherrie R. Savett (L'73) is a leading practitioner in the areas of securities litigation and consumer litigation with the firm of Berger Montague, where she has served as Chair Emeritus of the firm, Chair of the Securities Litigation Department and of the Qui Tam/False Claims Act Department.

Interview With Judith Bernstein-Baker, Irene Barbarena, Judith Bernstein-Baker, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Judith Bernstein-Baker was the first director of Penn Law's public service program, from 1990 to 1998. Subsequently she served as executive director of the Hebrew Immigrant Aid Society Pennsylvania until her retirement in 2016.

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

Legal Oral History Project

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

Legal Oral History Project

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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 Carey Law School

Legal Oral History Project

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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.

The Floodgates Of Strict Liability: Bursting Reservoirs And The Adoption Of Fletcher V. Rylands In The Guided Age, Jed Handelsman Shugerman

Faculty Scholarship

Part I presents an overview of Rylands v. Fletcher and then discusses the phases of the American response: the initial acceptance; the Northeastern rejections in the 1870s, which have been the basis for the erroneous scholarly conclusions; and the overlooked tide of acceptances across the country, beginning in the late 1880s and increasing in the 1890s. Part II places this wave of acceptance in its historical context of changing social forces, although these brief sketches are not the primary emphasis of this Note. First, during a period of rapid urbanization, a small number of courts sought to protect residential areas …

Interview With Donald Millinger, José A. Gregory, Donald M. Millinger, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Donald M. Millinger (L'79) practiced business and commercial law in the Philadelphia area and served on a number of non-profit boards. He is married to Gary Clinton, former Dean of Student Affairs at Penn Law School. In 2017 they established the Clinton-Millinger Scholarship program.

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

Legal Oral History Project

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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.

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. …

The Remarkable Career Of Joe Grano, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Where Hannah Arendt Went Wrong, David Abraham

Articles

No abstract provided.

Property Ownership By Married Women In Victorian Ontario, Susan Ingram, Kris Inwood

Dalhousie Law Journal

This paper reports patterns of property holding by women and men in late nineteenth-century Ontario. We focus on the town of Guelph immediately before and after legislation in 1872 and 1884 which permitted married women to hold property in their own name. The female-held share of all property and the female share of all owners in the town increased sharply. The gains were made by married women, and even more strongly by single women and widows. However, there was little or no shift of property in nearby rural townships. We argue that an induced change in inheritance practice amplified the …

Madison's Hope: Virtue, Self-Interest, And The Design Of Electoral Systems, James A. Gardner

Journal Articles

In recent years, perhaps no institution of American governance has been so thoroughly and consistently excoriated by legal theorists as the familiar American system of winner-take-all elections. The winner-take-all system is said to waste votes, lead to majority monopolization of political power, and cause the under representation and consequent social and economic subordination of political minorities. Some political scientists have attempted to defend winner-take-all systems on the ground that they perform better than PR in maximizing long-term collective and social interests. This article argues, in contrast, that winner-take-all electoral systems rest upon, and can be adequately defended, if at all, …

Grade Distribution - Fall Semester 2000, Office Of Registrar

Semester Schedules and Information

No abstract provided.

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 Ricans, as United States citizens by …

The Thousandth Man: A Biography Of James Mcgregor Stewart By Barry Cahill, Timothy C. Matthews

Dalhousie Law Journal

Barry Cahill, senior government archivist at Nova Scotia Archives and Records Management, and former editor of the Nova Scotia Historical Review, has painstakingly delved into the social, political, educational and legal atmosphere of the late nineteenth and the first half of the twentieth centuries in Nova Scotia, by researching and writing a fascinating biography of James McGregor Stewart, now published on behalf of the Osgoode Society. The book succeeds in portraying both the humanity of this Renaissance man and his pivotal role in so many different milieux, such that Canadian Lawyer could and would refer to him as the most …

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

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 this …

Timing And Delegation: A Reply, Jonathan R. Siegel

Vanderbilt Law Review

For two authors who come to such different conclusions, Professor Manning and I agree on a good deal. We agree that courts, in considering whether to consult legislative history in the course of statutory construction, must take heed of the special constitutional rule against congressional self-aggrandizement.' Thus, we agree that the Constitution forbids courts to give authoritative weight to post-enactment legislative history, because the effect of such a judicial practice is to permit Congress to delegate a very important power, the power to elaborate the meaning of statutes, to its committees or Members. We also agree, however, that Congress may, …

The Use Of Legislative History In A System Of Separated Powers, Jonathan R. Siegel

Vanderbilt Law Review

Legislative history is the ultimate bugaboo of the textualists-those judges and scholars who assert that in statutory interpretation, "[w]e do not inquire what the legislature meant; we ask only what the statute means." The textualists have unleashed argument after argument against legislative history. Textualists assert that judicial use of legislative history seeks a collective legislative intent that does not exist and that would not be law if it did exist. They claim that congressional committees deliberately manipulate legislative history in order to influence statutory interpretation. They argue that legislative history is more ambiguous than the statutes it supposedly clarifies, that …

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

Jill Elaine Hasday

No abstract provided.

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

BYU Law Review

No abstract provided.

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

Cornell Law Faculty Publications

No abstract provided.

Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson

Innis Christie Collection

The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.