Legal History Commons^™

State Attorney General Actions, The Tobacco Litigation, And The Doctrine Of Parens Patriae, Richard P. Ieyoub, Theodore Eisenberg

Cornell Law Faculty Publications

On November 23, 1998, a master settlement agreement settled the lawsuits of forty-six states against the tobacco industry. The settlement brings about historic public health initiatives, such as the end to outdoor advertising, the ban on using cartoon characters in advertisements, and the creation of public education trusts. It also provides that the settling tobacco manufacturers will pay over $200 billion over the next twenty-five years. Some of the legal theories upon which states relied have implications beyond the tobacco litigation. Of particular importance is the application of the theory of parens patriae in the tobacco litigation. That theory may …

Holocaust Deniers Can't Be Ignored: History: As Victims And Witnesses Of World War Ii Die Off, Revisionist Views Of The Nazi Horrors Could Gain Broader Acceptance, Kenneth Lasson

All Faculty Scholarship

On trial in an English courtroom, where British historian David Irving has sued American professor Deborah Lipstadt for defamation, is not only the scholars' reputations but history itself. Irving claims that he was libeled by Lipstadt's 1993 book, "Denying the Holocaust: The Growing Assault on Truth and Memory," in which she called him "one of the most dangerous of the `revisionists'" because, "familiar with historical evidence, he bends it until it conforms with his ideological leanings and political agenda." But under British law, the burden of proof in defamation is squarely on the defendant, thus making it necessary for Lipstadt …

The False Claims Act And The English Eradication Of Qui Tam Legislation, J. Randy Beck

Scholarly Works

Congress amended the False Claims Act in 1986 to encourage qui tam enforcement of the statute, which penalizes submission of false claims to the federal government. A qui tam statute authorizes a private citizen "informer" to file suit on behalf of the government for collection of a statutory forfeiture. A successful informer receives a share of the recovery. Qui tam enforcement came from England, where it served for centuries as the principal means of enforcing a wide range of statutes. England moved away from qui tam enforcement in the 1800s and abolished it altogether in 1951. In this Article, Professor …

Juristic Giants: A Georgia Study In Reputation, R. Perry Sentell Jr.

Scholarly Works

In 1990, Judge Richard Posner published CARDOZO: A STUDY IN REPUTATION. A deceptively small volume (only 156 pages), the book purported to delineate and dissect the facets of circumstance, achievement, and character accounting for Benjamin Cardozo's reputation for "greatness." Treating such indicia (both tangible and intangible) as Cardozo's "person," "philosophy," "technique," and "contributions," Posner also sought a handle for "measuring the magnitude" of reputation itself. He hit, of course, upon the modern mechanical mainstay of computerization: a finger-tip presentation of the frequency with which Cardozo's name appears in other judicial opinions.

Interview With Lita Indzel Cohen, Simi B. Kaplan, Lita Indzel Cohen, Legal Oral History Porject, University Of Pennsylvania Carey Law School

Legal Oral History Project

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

Lita Indzel Cohen (L '65) represented the 148th district in the Pennsylvania House of Representatives from 1991 until 2003. Before that she was the first woman to theto the Lower Merion Township Planning Commission and served for eight years on the Lower Merion Township Commission..

Interview With John O. Honnold, Steffen Bressler, John O. Honnold, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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

John O. Honnold was the William A. Schnader Professor of Commercial Law at the University of Pennsylvania Law School, after joining the school's faculty in 1946.^[His academic focus was private international law. From 1969 to 1974 he served as chief of legal staff for the United Nations Commission on International Trade Law (UNCITRAL), where he was instrumental in drafting the U.N. Convention on Contracts for the International Sale of Goods. He died in 2011.

Interview With Myer "Mike" Feldman, Meredith Coleman, Myer Feldman, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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

Myer Feldman (L '38) worked for the Securities and Exchange Commission and the Senate Banking and Currency Committee before serving as a senior adviser to the Kennedy and Johnson campaigns and administrations. He continued to be active in Democratic politics after leaving government service for private practice in 1965. He died in 2007.

Interview With Michele Tuck-Ponder, Diankha Warren, Michele Tuck-Ponder, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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

Michele Tuck-Ponder (L '83) has held many positions in law, government, education, media relaions, and the non-profit sector. From 1995 to 1997 she served as mayor of Princeton, New Jersey.

A Cognitive Theory Of Fiduciary Relationships, Gregory S. Alexander

Cornell Law Faculty Publications

Is there anything special or distinctive about fiduciary relationships? Or is the term "fiduciary" nothing more than a label that obscures rather than clarifies? Recently, several law-and-economics scholars, building on the economic literature on agency costs, have argued that nothing categorically distinguishes fiduciary from nonfiduciary legal relationships. So-called fiduciary relationships, they argue, are nothing more or less than contractual relationships.

This Essay hypothesizes that courts possess a fairly well-developed schema of the fiduciary role, but have not developed a comparable schema for ordinary contracting parties. The fiduciary role-schema often makes courts more likely to over-interpret behavior of fiduciaries than in …

The "New" Law And Psychology: A Reply To Critics, Skeptics, And Cautious Supporters, Jeffrey J. Rachlinski

Cornell Law Faculty Publications

Interview With Myles H. Tanenbaum, Randy Lee, Myles H. Tanenbaum, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above.

Myles Tanenbaum (L'57) was a partner at the firm of Wolf Block until he moved into commercial real estate development in 1970. He was a member of the University of Pennsylvania Board of Trustees and of the Penn Law School Board of Overseers. Tanenbaum Hall in the Law School is named after his daughter Nicole. He died in 2012.

Interview With Alan M. Lerner, Lake Srinivasan, Alan M. Lerner, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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

Alan M. Lerner (L '65) was a practice professor at the University of Pennsylvania Law School from 1993 until his death in 2010. He practiced and taught mainly in the areas of civil rights and family law.

Interview With Howard Lesnick, Meredith Coleman, Steffen Bressler, Brian Gurtman, Simi B. Kaplin, Donna Mancusi, Diankha Warren, Howard Lesnick, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above.

Howard Lesnick was Jefferson B. Fordham Professor of Law at the University of Pennsylvania Carey Law School, where he began teaching in 1960. From 1982 to 1988 he taught at the newly founded CUNY Law School at Queens College, where he was responsible for curriculum and faculty development. Thereafter, he returned to Penn, retiring in 2016. He made important contributions to scholarship in fields ranging from labor law to legal education to law and religion. He died in 2020.

Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay

Faculty Articles and Papers

Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000

Minnesota Lawyers Evaluate Law Schools, Training And Job Satisfaction, John O. Sonsteng

Faculty Scholarship

The MacCrate Report was published in 1992 and detailed the findings of a task force established by the American Bar Association. The purpose of the task force was to examine a perceived “gap” between legal education and law practice. The Report concluded that law schools needed to affirm their commitment to train students to practice effectively in the legal profession. This article analyzes the results of several surveys, each seeking to determine to what extent law schools provided Minnesota lawyers consistent training in the practice skills areas identified in the MacCrate Report. The findings discussed in this article were gleaned …

Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

The Quest To Reprogram Cultural Software: A Hermeneutical Response To Jack Balkin's Theory Of Ideology And Critique, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Foreward, Symposium: Philosophical Hermeneutics And Critical Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.

Joanne Pope Melish's Disowning Slavery: Gradual Emancipation And "Race" In New England, 1780–1860, Robert J. Steinfeld

Book Reviews

No abstract provided.

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …

The Shape Of The Michigan River As Viewed From The Land Of Sweatt V. Painter And Hopwood: Comments On Lempert, Chambers, And Adam's Study Of The University Of Michigan Law School's Minority Graduates, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

The piece considers the Lempert, Chambers, Adams study of Michigan's law graduates of color from the vantage point of the history of The University of Texas's law school's history.

John Marshall As An American Original: Some Thoughts On Personality And Judicial Statesmanship, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

The Legacy Of Geographical Morality And Colonialism: A Historical Assessment Of The Current Crusade Against Corruption, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

This Article examines the legacy of the rule of geographical morality - that is the norm by which a citizen of the country in the North may engage in acts of corruption in any country in the South, including bribery and extortion, without the attachment of any moral condemnation to those acts. Part I of the Article begins by reviewing the impeachment trial of Warren Hastings, who served as Governor General of the Bengal from 1772-1785, on charges of bribery and corruption. It was during that impeachment proceeding when the words "principles of geographical morality" were used by, the prosectuor, …

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Preliminary Thoughts On The Virtues Of Passive Dialogue, Michael Heise

Cornell Law Faculty Publications

The judicial, legislative, and executive branches interact in many ways. These interactions fuel a constitutional dialogue that serves as a backdrop to myriad governmental activities, both large and small. The judiciary's participation is necessary, desirable, and, as a practical matter, inevitable. In my article I analyze two competing models that bear on the normative question: What form should the judiciary's participation take?

Debates over the judiciary's appropriate role in the public constitutional dialogue have captured scholarly attention for decades. Recent attention has focused on a growing distinction between the active and passive models of judicial participation. My article approaches this …

Looseleafing The Flow: An Anecdotal History Of One Technology For Updating, Howard T. Senzel

Faculty Publications

This work will show that there is a great gulf between the culture of lawmakers and the culture of those who comply. Lawmakers - legislators, administrators, and especially judges - function by producing primary authorities in law. The texts of these authorities are the law itself. Because they were created in the course of deciding actual cases - cases which produced insights to a truth of lasting value, these texts have an authority equal to all the other insights produced down through the ages. The excitement that accompanies such insights tends to blind lawmakers to the chore of compliance. Those …

Is Meaningful Regulation Of Lawyers In Multidisciplinary Firms Possible?, Denise D. J. Roy

Faculty Scholarship

If the legal profession embraces multidisciplinary practice (MDP) and allows fee-sharing with nonlawyers, there is a risk that its values, independence, and professionalism will fall prey to market pressures and control by outsiders. On the other hand, rejecting MDP means risking losing business to the multidisciplinary firms already established. The question is whether there is a compromise that provides meaningful regulation of lawyers practicing in multidisciplinary firms.

Vern Countryman And The Path Of Progressive (And Populist) Bankruptcy Scholarship, David A. Skeel Jr.

All Faculty Scholarship

Throughout the 1960s and 1970s, Vern Countryman was the leading progressive bankruptcy scholar - and in fact the leading bankruptcy scholar of any perspective. This article explores the links between Countryman's work and that of his New Deal predecessors, on the one hand, and his successors, on the other. In addition to Countryman himself, the article focuses on William Douglas, who was Countryman's predecessor and mentor, as well as being the leading bankruptcy scholar of the New Deal. Among Countryman's successors, the article focuses on the work of Elizabeth Warren, Countryman's successor at Harvard Law School and the nation's leading …

When Should Rights "Trump"? An Examination Of Speech And Property, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.