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2001

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Articles 1 - 30 of 138

Full-Text Articles in Legal History

The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow Oct 2011

The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


Interview With David L. Cohen, Miranda Solomon, David L. Cohen, Universsity Of Pennsylvania Law School Legal Oral History Project Dec 2001

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

Legal Oral History Project

For a transcript of this interview, click on the Download button above.

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.


Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman Dec 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles H. Baron, Lawrence Friedman

Boston College Law School Faculty Papers

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song Dec 2001

Civil War Pension Attorneys And Disability Politics, Peter Blanck, Chen Song

University of Michigan Journal of Law Reform

Professor Blanck and Dr. Song provide a detailed examination of the pension disability program established after the Civil War for Union Army Veterans. They use many original sources and perform several statistical analyses as the basis for their summary. They draw parallels between this disability program and the ADA, and they point out that current ADA plaintiffs encounter many of the same social, political and even scientific issues that Union Army veterans dealt with when applying for their disability pensions. The Article demonstrates that history can help predict the trends within, and evolution of the ADA--essentially leading to a better ...


Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman Nov 2001

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article ...


Interview With Kenneth W. Hansen, Megan Becher, Kenneth W. Hansen, Legal Oral History Project, University Of Pennsylvania Law School Nov 2001

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

Legal Oral History Project

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

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.


“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson Nov 2001

“Closet Case”: Boy Scouts Of America V. Dale And The Reinforcement Of Gay, Lesbian, Bisexual, And Transgender Invisibility, Darren Lenard Hutchinson

UF Law Faculty Publications

This Article argues that the Supreme Court's decision in Boy Scouts of America v. Dale misapplies and ignores controlling First Amendment precedent and incorrectly defines “sexual identity” as a clinical or biological imposition that exists apart from expression or speech. This Article provides a doctrinal alternative to Dale that would protect vital interests in both equality and liberty and that would not condition, as does Dale, sexual “equality” upon the silencing of gay, lesbian, bisexual, and transgender individuals.

This Article proceeds in five parts. Part I provides an introduction to the case and issues.Part II discusses the evolution ...


A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan Nov 2001

A Political History Of The Establishment Clause, John C. Jeffries Jr., James E. Ryan

Michigan Law Review

Now pending before the Supreme Court is the most important church-state issue of our time: whether publicly funded vouchers may be used at private, religious schools without violating the Establishment Clause. The last time the Court considered school aid, it overruled precedent and upheld a government program providing computers and other instructional materials to parochial schools. In a plurality opinion defending that result, Justice Thomas dismissed as irrelevant the fact that some aid recipients were "pervasively sectarian." That label, said Thomas, had a "shameful pedigree." He traced it to the Blaine Amendment, proposed in 1875, which would have altered the ...


Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield Oct 2001

Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield

Kent Greenfield

This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of ...


Interview With Fernando Chang-Muy, Crystal Fu, Fernando Chang-Muy, University Of Pennsylvania Law School Legal Oral History Project Oct 2001

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

Legal Oral History Project

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

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.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Thomas Rex Lee

The Journal of Appellate Practice and Process

Rex E. Lee had a gift for befriending everyone he met. This gift allowed him to treat oral arguments as a conversation with a friend. This approach led to a successful and influential career as an oral advocate.


Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff Oct 2001

Can Process Theory Constrain Courts?, Michael C. Dorf, Samuel Issacharoff

Cornell Law Faculty Publications

The political process theory introduced by the Carolene Products footnote and developed through subsequent scholarship has shaped much of the modern constitutional landscape. Process theory posits that courts may justifiably intervene in the political arena when institutional obstacles impede corrective action by political actors themselves. Judged by this standard, the United States Supreme Court's decision in Bush v. Gore was a failure, because the majority could not explain why its interference was necessary. More broadly, Bush v. Gore points to a central deficiency in process theory: it relies upon the Justices to guard against their own overreaching, but does ...


Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel Oct 2001

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the ...


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, H. Reese Hansen

The Journal of Appellate Practice and Process

Rex Lee had the daunting task of opening a new law school. He carried this burden with minimal experience in legal education. Lee used his gift for making everyone that he met feel like a close friend to recruit an exceptional faculty. An impressive student body followed. The Brigham Young Law School is now a greatly respected institution thanks to the path that Rex Lee paved.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Francis X. Beytagh

The Journal of Appellate Practice and Process

Rex E. Lee lived a distinguished life as an advocate and educator. He clerked for Justice Byron White and then went on to private practice. He became founding dean of Brigham Young Law School and moved the program flawlessly through the accreditation process. Lee then moved on to become an Assistant Attorney General before Solicitor General of the United States. Lee's respect for the tradition of the independence of the office of Solicitor General ultimately cost him his position as Solicitor. Lee went on to live an active and successful life before succumbing to cancer.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Dallin H. Oaks

The Journal of Appellate Practice and Process

Rex Lee was a talented pupil and obvious choice to be the first dean for the new Brigham Young Law School. Lee maintained a balanced life and devotion to his faith all through his life.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Rodney K. Smith

The Journal of Appellate Practice and Process

Rex Lee lived a life of faith. He had faith in the legal profession, faith in the United States Constitution, faith in education, faith in family, and faith in God.


In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman Oct 2001

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

The Journal of Appellate Practice and Process

The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.


The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton Oct 2001

The Evolving Role Of The State Solicitor: Toward The Federal Model, James R. Layton

The Journal of Appellate Practice and Process

A state solicitor gives an attorney general a specialist to turn to for appellate advice. The solicitor's ability to influence what position the state takes and what cases to pursue allows the solicitor to affect the development of law. The number of states with solicitors has grown from eight to twenty-four since 1987. Despite the similarities between state solicitors and the Solicitor General of the United States, there are many differences between the two roles.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85 Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85

The Journal of Appellate Practice and Process

A brief biography on the Solicitor General of the United States from 1981-85.


Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips Oct 2001

Tribute To The Honorable Rex E. Lee Solicitor General Of The United States 1981-85, Carter G. Phillips

The Journal of Appellate Practice and Process

Appellate advocacy is rarely a solo practice. Trial lawyers' intimate knowledge of the record often makes them invaluable in preparing a case for appeal. Rex E. Lee's ability to work with other lawyers made him an exceptional appellate advocate. In addition, his appreciation for teamwork influenced how he ran the office of the Solicitor General. Lee required every legal assistant to advise lawyers about every edit or change to arguments and briefs that the assistants found necessary. Lee treated the offices under the Solicitor General as clients rather than subordinates.


Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas Oct 2001

Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas

University of Arkansas at Little Rock Law Review

No abstract provided.


Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner Oct 2001

Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.


How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa Oct 2001

How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.


Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor Oct 2001

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor

Boston College Law School Faculty Papers

No abstract provided.


The Citation Practices Of The New York Court Of Appeals: A Millennium Update, William H. Manz Oct 2001

The Citation Practices Of The New York Court Of Appeals: A Millennium Update, William H. Manz

Buffalo Law Review

No abstract provided.


The Birth Of The American Business Corporation: Of Banks, Corporate Governance, And Social Responsibility, Joseph H. Sommer Oct 2001

The Birth Of The American Business Corporation: Of Banks, Corporate Governance, And Social Responsibility, Joseph H. Sommer

Buffalo Law Review

No abstract provided.


When Constitutional Worlds Colide: Resurrecting The Framers' Bill Of Rights And Criminal Procedure, George C. Thomas Iii Oct 2001

When Constitutional Worlds Colide: Resurrecting The Framers' Bill Of Rights And Criminal Procedure, George C. Thomas Iii

Michigan Law Review

For two hundred years, the Supreme Court has been interpreting the Bill of Rights. Imagine Chief Justice John Marshall sitting in the dim, narrow Supreme Court chambers, pondering the interpretation of the Sixth Amendment right to compulsory process in United States v. Burr. Aaron Burr was charged with treason for planning to invade the Louisiana Territory and create a separate government there. To help prepare his defense, Burr wanted to see a letter written by General James Wilkinson to President Jefferson. In ruling on Burr's motion to compel disclosure, Marshall departed from the literal language of the Sixth Amendment ...


Redistricting On Beacon Hill And Political Power On Capitol Hill: Ancient Legacies And Present-Day Perils, Richard A. Hogarty, Garrison Nelson Sep 2001

Redistricting On Beacon Hill And Political Power On Capitol Hill: Ancient Legacies And Present-Day Perils, Richard A. Hogarty, Garrison Nelson

New England Journal of Public Policy

This article discusses legislative reapportionment and past efforts to manipulate district lines as far back as the legendary Elbridge Gerry in the early nineteenth century. Specifically, it deals with what political history has to tell us about the current furor over House Speaker Thomas Finneran’s proposed congressional redistricting. More than any other state in the Union, the Massachusetts lawmakers in the U.S. House of Representatives have enjoyed disproportionate power as a result of a bipartisan strategy of incumbency protection dating back to the 1940s. That power may be in jeopardy if Speaker Finneran implements his plans to create ...


Stare Decisis As A Constitutional Requirement, Thomas Healy Sep 2001

Stare Decisis As A Constitutional Requirement, Thomas Healy

West Virginia Law Review

No abstract provided.