Legal History Commons^™

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark

Publications

Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.

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

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.

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 …

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

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

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

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.

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 …

“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 of the …

Interview With Fernando Chang-Muy, Crystal Fu, Fernando Chang-Muy, 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.

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

For transcript, click the Download button above.

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 …

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.

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.

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, 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.

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.

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, 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, 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.

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.

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.

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.

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

University of Arkansas at Little Rock Law Review

No abstract provided.

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 not …

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 …

From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton

Faculty Scholarship

This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …

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

Buffalo Law Review

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres

Faculty Scholarship

This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …

Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters

Dalhousie Law Journal

The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …

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

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 a new …