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Calvin Massey, Gentleman Farmer, Evan Tsen Lee 2017 University of California, Hastings College of the Law

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not ...


Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat 2017 University of California, Davis School of Law

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed ...


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar 2017 The Graduate Center, City University of New York

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


Linda Fariss Retirement Celebration, Indiana University Maurer School of Law 2017 Maurer School of Law: Indiana University

Linda Fariss Retirement Celebration, Indiana University Maurer School Of Law

Maurer Law Events

After 40 years of service, Linda Fariss retires as Director of the Jerome Hall Law Library. This celebration took place on January 27th, 2017. Remarks were made by Dean Austen Parrish, Acting Director Keith Buckley, Professors Don Gjerdingen and Kevin Brown, as well as George P Smith II, '64. Linda's official faculty portrait was revealed as well


I Dissent: The Federal Circuit’S “Great Dissenter,” Her Influence On The Patent Dialogue, And Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017), Daryl Lim 2017 John Marshall Law School

I Dissent: The Federal Circuit’S “Great Dissenter,” Her Influence On The Patent Dialogue, And Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017), Daryl Lim

Faculty Scholarship

This Article is the first study to comprehensively explore the centrality of the patent dialogue at the Court of Appeals for the Federal Circuit, the nation’s principal patent court from empirical, doctrinal, and policy perspectives. It offers several insights into how the Federal Circuit reaches consensus and when it does not, serving as a window into its inner workings, a reference to academics, judges, and attorneys alike. More broadly, this Article provides a template to study the “legal dialogue” of other judges at the Federal Circuit, those in other Circuits, as well as those in other areas of the ...


Foreword--Festschrift In Memory Of Dennis I. Belcher, Bridget J. Crawford 2017 Elisabeth Haub School of Law at Pace University

Foreword--Festschrift In Memory Of Dennis I. Belcher, Bridget J. Crawford

Pace Law Faculty Publications

In academia, it is customary to honor important milestones in a colleague's career with a festschrift, a collected volume of scholarly essays or reflections on the individual's contributions to his or her field. Very often, festschrifts are assembled to celebrate a retirement, but they are also used to honor the memory of a colleague who has died. The Board of Editors of the ACTEC Law Journal unanimously agreed that our first issue of the 2017-2018 academic year should be in honor and memory of Dennis Belcher. With the encouragement and contributions of many of Dennis's friends and ...


Is Legal Scholarship Worth Its Cost?, Paul Campos 2017 University of Colorado Law School

Is Legal Scholarship Worth Its Cost?, Paul Campos

Articles

No abstract provided.


Ostby, Montana's First Female Federal Judge, Left A Lasting Impact On The Judiciary, Cynthia Ford 2017 Alexander Blewett III School of Law at the University of Montana

Ostby, Montana's First Female Federal Judge, Left A Lasting Impact On The Judiciary, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate 2017 University of Richmond

Personal Reflections On The Honorable Robert R. Merhige, Jr.: A Judge, Mentor, And Friend, Mary Kelly Tate

Law Faculty Publications

Twenty-six years – half my lifetime – have passed since I joined Judge Merhige's court family as his law clerk. I attempt here to sketch my personal impressions, distilling what to me was most remarkable about Robert R. Merhige, Jr. Perhaps unsurprisingly, this dynamic man turned legendary judge – a man I revered from the moment I met him – is more vivid to me now than he was to my younger self.

Mercurial, energetic, and benevolently despotic, Judge Merhige was a man of extraordinary decency who cherished his vocation and the law. He was a World War II veteran and an accomplished ...


The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr. 2017 New York Law School

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Beyond 'The Annals Of Murder': The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens 2017 Duke Law School

Beyond 'The Annals Of Murder': The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens

Faculty Scholarship

Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.


A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab 2017 Fordham University School of Law

A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab

Faculty Scholarship

As an exemplar, Justice Louis D. Brandeis challenges the currently dominant conception that requires lawyers to, in Sanford Levinson's term, "bleach out" their personal identity from their professional identity. Under the dominant neutral partisan vision of the lawyer, clients will only receive the equal representation necessary to provide equal justice if lawyers exclude all personal and group identifications from their role. Brandeis, in contrast, asserted that his Jewish identity constructed his understanding of himself as a jurist. His distinguished career thereby provides a counter-narrative to bleaching-out that can serve as a model for all lawyers, whatever their personal and ...


Justice Stevens, The Writer, Sonja R. West 2017 University of Georgia School of Law

Justice Stevens, The Writer, Sonja R. West

Scholarly Works

In any discussion about United States Supreme Court Justice John Paul Stevens, you're likely to hear him labeled in a variety of ways--as a brilliant “judge's judge,” the highly successful leader of the Court's more liberal wing, the prolific “maverick,” and a shrewd questioner from the bench. You might also hear him described simply as a polite and humble Midwesterner, bow-tie aficionado and diehard Cubs fan. Yet while Justice Stevens is and was all of these things, there is another important title he richly deserves yet often does not receive--Justice Stevens, the excellent writer.

This essay strives ...


Tribute To Sam Davis: A Georgia Perspective, Ronald L. Carlson 2017 University of Georgia School of Law

Tribute To Sam Davis: A Georgia Perspective, Ronald L. Carlson

Scholarly Works

Sam Davis had a twenty-seven year history at Georgia, commencing in 1970. After a distinguished record as a student at the University of Mississippi School of Law, he joined the Georgia law faculty. Sam moved through the academic ranks, ultimately becoming Allen Post Professor of Law. Along the way he served, at various times, as Assistant Dean, as Associate Dean, and he was for a time the University's Associate Vice President for Academic Affairs. In 1997 he took over as Dean at the University of Mississippi School of Law. This article comments on his life and professional career, with ...


Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton 2017 Brown School of Social Work, Washington University in St. Louis

Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton

Washington University Journal of Law & Policy

This Essay discusses how institutions devise traditions and celebrations within the context of protecting established hierarchies of power and privilege. Appleton and Stiritz bring to light the research of William Masters and Virginia Johnson and their publication of Human Sexual Response. The authors argue that Masters and Johnson’s work should be institutionally recognized and celebrated by Washington University. The Essay discusses how Washington University’s neglect has impacted Masters and Johnson’s narrative and reflects upon how their legacy was instead highlighted in the popular Showtime series Masters of Sex. Finally, the Essay reflects upon what might have been ...


Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman 2017 University of Pennsylvania Law School

Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman

Faculty Scholarship at Penn Law

What Setsuo has accomplished over these past 30 years is nothing short of remarkable. I can think of no other scholar within or outside of Japan who has had a greater impact on both the legal academic community and society more generally. Indeed, when Setsuo was still quite young he had already written a number of influential articles. But they turn out to represent only a fraction of his extraordinary output over the next years. In reflecting on Setsuo’s many achievements, I am particularly drawn to comment on three of them. First, his empirical and comparative law and society ...


Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli 2017 University of Maryland School of Law

Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School of Law 2017 Roger Williams University

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Clark Memorandum: Fall 2016, J. Reuben Clark Law School, BYU Law School Alumni Association, J. Reuben Clark Law Society 2016 Brigham Young University Law School

Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan 2016 College of William & Mary Law School

Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan

William & Mary Bill of Rights Journal

Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia’s opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia’s judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court ...


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