Law Commons^™

Interview With Diane Dewhirst (2) By Mike Hastings, Diane Dewhirst

George J. Mitchell Oral History Project

Biographical Note
Diane Dewhirst was born on May 28, 1957, in Framingham, Massachusetts, to Joan Priscilla Audubon and Robert Thornton Dewhirst. She grew up in Boston and Philadelphia. Her father worked in sales for an energy firm. Majoring in journalism at the University of Ohio and then transferring to Northwestern, she was graduated with a degree in political science. She worked on Jimmy Carter’s presidential campaign in 1976, as an intern for Common Cause, the Democratic National Committee, and briefly for ABC News on delegate selection rules, covering the 1984 presidential election. She then became press secretary for the Democratic …

Interview With Barbara Mikulski By Brien Williams, Barbara A. Mikulski

George J. Mitchell Oral History Project

Biographical Note
Barbara Ann Mikulski was born on July 20, 1936, and grew up in the Highlandtown neighborhood of East Baltimore, Maryland. She attended Mount Saint Agnes College and received her M.S.W. from the University of Maryland School of Social Work. She became a social worker, community organizer, and Baltimore city councilor, and she made an unsuccessful bid for the U.S. Senate in 1974 before winning election to the U.S. House of Representatives in 1976. After serving in the House for ten years, she ran for the U.S. Senate in 1986, becoming the first elected woman Democratic U.S. senator. She …

Interview With Jay Rockefeller By Brien Williams, John 'Jay' D. Rockefeller

George J. Mitchell Oral History Project

Biographical Note

John Davison “Jay” Rockefeller was born June 18, 1937, in New York to Blanchette Ferry (Hooker) and John D. Rockefeller III. He has served as a Democratic U.S. Senator representing West Virginia since 1985. Prior to that (1977-1985), he was governor of West Virginia. He is married to Sharon Percy, daughter of former Illinois Senator Charles “Chuck” Percy. He worked closely with Senator Mitchell on the 1993 health care reform package.

Summary

Interview includes discussion of: description of Senator Mitchell; differences in majority leader styles; Senator Byrd; story of President Clinton’s coming to the Democratic Caucus; their shared …

Interview With Dick Gephardt And Tom O’Donnell By Diane Dewhirst, Richard 'Dick' A. Gephardt, Thomas 'Tom' J. O'Donnell

George J. Mitchell Oral History Project

Biographical Note
Richard Andrew “Dick” Gephardt was born on January 31, 1941, in St. Louis, Missouri. He earned a B.S. from Northwestern University in 1962 and a law degree from the University of Michigan Law School in 1965. He was active in local Democratic politics and city government until 1976, when he was elected the U.S. House of Representatives, representing Missouri’s 3rd District until 2004, when he retired from the House and sought, unsuccessfully, the Democratic nomination for president, a nomination he also sought but failed to win in 1977. He served as House majority leader from 1989 to 1995 …

Interview With John Breaux By Brien Williams, John B. Breaux

George J. Mitchell Oral History Project

Biographical Note
John Berlinger Breaux was born in Crowley, Louisiana, on March 1, 1944. He was graduated from the University of Southwestern Louisiana at Lafayette in 1964 and Louisiana State University Law School in 1967. He served as assistant to U.S. Representative Edwin Edwards. After Edwards resigned in 1972, Breaux was elected to his seat in the U.S. Congress in a special election. He served in the House of Representatives until 1987, when he was elected to the Senate, where he served until 2005. In 1993, Senate Democrats elected him deputy majority whip. Since retiring from the Senate, he has …

Commerce In The Commerce Clause: A Response To Jack Balkin, David B. Kopel, Robert G. Natelson

David B Kopel

The Constitution’s original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island’s ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin’s article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution’s Commerce Clause a scope that virtually no one in the Founding Era believed it had.

Allowing Patients To Waive The Right To Sue For Medical Malpractice: A Response To Thaler And Sunstein, Tom Baker, Timothy D. Lytton

All Faculty Scholarship

This essay critically evaluates Richard Thaler and Cass Sunstein’s proposal to allow patients to prospectively waive their rights to bring a malpractice claim, presented in their recent, much acclaimed book, Nudge: Improving Decisions about Health, Wealth and Happiness. We show that the behavioral insights that undergird Nudge do not support the waiver proposal. In addition, we demonstrate that Thaler and Sunstein have not provided a persuasive cost-benefit justification for the proposal. Finally, we argue that their liberty-based defense of waivers rests on misleading analogies and polemical rhetoric that ignore the liberty and other interests served by patients’ tort law rights. …