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

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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.

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

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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

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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

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

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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

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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 …

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 …

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 …

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 …

Probing "Life Qualification" Through Expanded Voir Dire, John H. Blume, Sheri Lynn Johnson, A. Brian Threlkeld

Cornell Law Faculty Publications

The conventional wisdom is that most trials are won or lost in jury selection. If this is true, then in many capital cases, jury selection is literally a matter of life or death. Given these high stakes and Supreme Court case law setting out standards for voir dire in capital cases, one might expect a sophisticated and thoughtful process in which each side carefully considers which jurors would be best in the particular case. Instead, it turns out that voir dire in capital cases is woefully ineffective at the most elementary task--weeding out unqualified jurors.

Empirical evidence reveals that many …

"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman

Faculty Scholarship

The rise of rights talk is a subject that has gripped academia in recent years. Many historians of modem America are now searching for the origins of the rights revolution and the feverish use of rights arguments on the left and on the right. Two recent works of legal history tackle one part of this question with trailblazing interpretations, focusing on left-wing rights discourse and the successes of the civil rights movement. Both books offer compelling and well-written narratives of post-war legal issues, and they present innovative arguments that this revolution began in response to global crises.¹ Richard Primus's …

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

A Tribute To Professor Stephen H. Schulman, Alan Schenk

Law Faculty Research Publications

No abstract provided.

Brief Amici Curiae Of Legal Historians Listed Herein In Support Of Respondent, I.N.S. V. St. Cyr, No. 00-767 (U.S. Mar. 27, 2001), ., James Oldham

U.S. Supreme Court Briefs

No abstract provided.

Interview With Daniel L. Greenberg, Ria C. Momblanco, Daniel L. Greenberg, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Daniel L. Greenberg oversees the pro bono program at Schulte Roth & Zable LLP. From 1987 to 1995 he directed clinical legal programs at Harvard Law School, and from 1995 to 2004 he was executive director of New York City's Legal Aid Society. He has been named an honorary fellow of Penn Law School.

Interview With André L. Dennis, Joanna L. Levine, André L. Dennis, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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André L. Dennis practices in Philadelphia in the areas of civil rights and product liability, among others.. He represented Ramona Africa in her lawsuit against the city of Philadelphia after the 1985 MOVE bombing. In 1997 he was named an honorary fellow of Penn Law School.

Interview With E. Clinton Bamberger, Jr., Erik Lieberman, E. Clinton Bamberger Jr., Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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E. Clinton Bamberger Jr. was the first director of legal services in the federal Office of Economic Opportunity, and later of Community Legal Services. He practiced law in Baltimore, where he represented the petitioner in the landmark case of Brady v. Maryland. In 1981 he was made an honorary fellow of Penn Law School. He died in 2013.

Interview With Rhonda Copelon, Elizabeth Carrott, Rhonda Copelon, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

No abstract provided.

Interview With Bruce J. Terris, Corinne Levy, Bruce J. Terris, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Bruce J. Terris was an assistant in the US Solicitor General's office from 1958 to 1965, where he argued sixteen cases before the Supreme Court. In 1970 he went into private practice. He was counsel in many landmark environmental law cases and was active in numerous District of Columbia-area nonprofits. In 1977 he was named a Penn Law honorary fellow. He died in 2017.

Interview With Hans F. Loeser, Larry Seymour, Hans F. Loeser, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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A graduate of Harvard Law School, Hans Loeser joined the Boston firm of Foley, Hoag & Eliot, where he founded one of the country's first pro bono programs. He co-founded and chaired the Lawyers Committee for Civil Rights under Law of the Boston Bar Association and the Boston Lawyers Vietnam Committee, which earned him a spot on President Richard Nixon's "enemies list." He has been named an honorary fellow of the Penn Law School. He died in 2010.

Interview With Justice Cruz Reynoso, Will Proctor, Cruz Reynoso, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Cruz Reynoso served as associate justice for the Third District Court of Appeals (1976-1981) and the Supreme Court (1981-1986) of California. From 1993 to 2000 he was a member of the US Commission on Civil Rights. He has been named an honorary fellow of Penn Law School.

Interview With Ira J. Kurzban, Kristin Smith, Ira J. Kurzban, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Ira J. Kurzban is a partner in the law firm of Kurzban Kurzban Tetzeli & Pratt, P.A., of Miami, Florida, and serves as adjunct faculty member in Immigration and Nationality Law at the University of Miami School of Law. He is also a founding board member of Immigrants' List, a political action committee focusing on immigration issues. He was a founder of the Institute for Justice & Democracy in Haiti and served as Board Chair from 2004-2019. He has been named an honorary fellow of Penn …

Interview With Eli Rosenbaum, Deborah Weisbein, Eli Rosenbaum, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Eli M. Rosenbaum (WG'77) served as director of the U.S. DOJ Office of Special Investigations, which was primarily responsible for identifying, denaturalizing, and deporting Nazi war criminals, from 1994 to 2010, when the office was merged into the new Human Rights and Special Prosecution Section. He is now the Director of Human Rights Enforcement Strategy and Policy in the new Department of Justice section. He is the primary author of Betrayal: The Untold Story of the Kurt Waldheim Investigation, which narrates the inquiry he led …

The Place Of Form In The Fundamentals Of Law, Robert S. Summers

Cornell Law Faculty Publications

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non-formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to the basic needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule …

Interview With William R. Klaus, Rosanna V. Perretta, William R. Klaus, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Book #23, Roger J. Miner '56

Scrapbooks

No abstract provided.

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …

A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook

Law Faculty Research Publications

No abstract provided.