Legal History Commons^™

Interview With E. Norman Veasey, Andrew Edelstein, E. Norman Veasey, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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E. Norman Veasey (L '57) practiced at the firm of Richards, Layton & Finger from 1958 to 1992. In 1992 he was appointed Chief Justice of the Supreme Court of Delaware, where he served until 2004.

Interview With David Rudovsky, Lisa H. Hernandez, David Rudovsky, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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David Rudovsky, one of the nation’s leading civil rights and criminal defense attorneys, practices public interest law with the firm of Kairys, Rudovsky, Messing & Feinberg. He became a Senior Fellow at Penn Law in 1988 and teaches courses in Criminal Law, Constitutional Criminal Procedure and Evidence.

Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Gilbert F. Casellas (L '77) is a lawyer and businessman. He is Chairman of OMNITRU, a Washington, D.C. area investment and consulting firm, a director of Prudential Financial, trustee of the University of Pennsylvania, and advisor to Toyota Motor North America and Comcast Corporation. He is a member of the Council on Foreign Relations and the American Law Institute. From 1994 to 1998 he served as chair of the Equal Employment Opportunity Commission.

Interview With Regina Austin, Randy Lee, Regina Austin, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Regina Austin (L '73), William A. Schnader Professor of Law at the University of Pennsylvania, pursues her interest in the overlapping burdens of race, gender, and class oppression in traditional legal scholarship, as well as in her work on documentary films. She is the director of the Penn Program on Documentaries & the Law, which holds an annual Visual Legal Advocacy Roundtable for public interest lawyers, hosts screenings of law-genre documentary films throughout the year, and maintains a national repository of dozens of clemency videos as …

Interview With Judge Arlin M. Adams, Sarah Barringer Gordon, Arlin M. Adams, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Arlin M. Adams (L '47) served as a justice of the United States Court of Appeals for the Third Circuit from 1969 until his retirement in 1987, when he returned to private practice. He was later involved in a number of significant legal cases. He died in 2015.

Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Dolores Sloviter (L '56) is a Senior Judge of the United States Court of Appeals for the Third Circuit. She is the first woman appointed to that court and the only woman to have served as its Chief Judge.

Interview With Curtis Reitz, Scott White, Curtis R. Reitz, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Curtis R. Reitz (L' 56)is the Algernon Sydney Biddle Professor, Emeritus of Law at the University of Pennsylvania Law School. He has represented Pennsylvania for 25 years in the National Conference of Commissioners on Uniform State Laws, and is chair of the Conference's Committee on International Legal Developments. He also participated in the recent revision of the Uniform Commercial Code.

The Myth Of Choice Of Law: Rethinking Conflicts, Kermit Roosevelt Iii

All Faculty Scholarship

Choice of law is a mess. That much has become a truism. It is a "dismal swamp," a morass of confusion, a body of doctrine "killed by a realism intended to save it," and now "universally said to be a disaster." One way to demonstrate its tribulations would be to look at the academic dissensus and the hopelessly underdeterminative Restatement (Second) of Conflict of Laws. Another would be to examine the Supreme Court's abdication of the task of articulating constitutional constraints on state choice-of-law rules. This article will do both. At the outset, though, I want to suggest that one …

The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner

All Faculty Scholarship

While Cyberspace is, by now, well-recognized as a social and commercial environment of great promise, there is considerable debate about the form of governance that will best meet the needs of this new medium. Much of the present discussion casts this debate in stark terms?"top-down" hierarchical rules versus spontaneous "bottom-up" coordination?with self-ordering based on contracts and private agreements rather than public laws appearing both preferable and more likely to evolve. Following up on arguments presented by Professors Fisher and Elkin-Koren in this symposium, Radin and Wagner point out that the dichotomy between top-down and bottom-up obscures that a self-ordering regime …

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

All Faculty Scholarship

No abstract provided.

A Little Theory Is A Dangerous Thing: The Myth Of Adjudicative Retroactivity, Kermit Roosevelt Iii

All Faculty Scholarship

The article analyzes the question of the retroactive effect of judicial decisions. It surveys the history of retroactivity doctrine to demonstrate that the current approach to retroactivity jurisprudence is a consequence of the Warren Court's adoption of the principle that parties should be governed by the law in effect at the time of their actions. This principle leads to a theoretical framework that suffers from serious difficulties. In particular, it is unable to distinguish between cases presented on direct and collateral review, and consequently unable to reach a satisfactory treatment of habeas petitions based on changes in law. The article …

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

All Faculty Scholarship

No abstract provided.

The Genius Of The 1898 Bankruptcy Act, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Filters And The First Amendment, R. Polk Wagner

All Faculty Scholarship

Internet content filters -- promising a technological solution to the uniquely social problem of widespread availability of adults-only content on the Internet -- appear to shift the debate over control of "cyberporn" from the legislative to the technical. Yet a growing number of commentators are expressing serious reservations about the free speech implications of filters. In this Article, I note that the ever-changing relationship between technology, network economics, and legal doctrine in the new economic and ideological marketplace of Cyberspace will fundamentally impact any constitutional analysis. I argue that the existing literature's analytic reliance on expansive concepts of state action …

On Hate And Equality, Alon Harel, Gideon Parchomovsky

All Faculty Scholarship

Hate crime legislation has sparked substantial political controversy and scholarly discussion. Existing justifications for hate crime legislation proceed on the premise that the rationale supporting such legislation must be found either in the greater gravity of the wrongdoing involved or in the perpetrator's greater degree of culpability. This premise stems from a fundamental theory that dominates criminal law scholarship: the wrongfulness-culpability hypothesis. The wrongfulness-culpability hypothesis posits that the only two grounds that may justify disparate treatment of offenses are the greater wrongfulness of the act or the greater culpability of the perpetrator. Yet, all attempts to demonstrate that hate crimes …

Social Contract Theory In American Case Law, Anita L. Allen

All Faculty Scholarship

No abstract provided.

On The Obligation Of The State To Extend A Right Of Self-Defense To Its Citizens, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.