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Articles 1 - 30 of 39
Full-Text Articles in Law
Clark Memorandum: Fall 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2016, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- To Shoot the Moon: A Conversation with D. Gordon Smith, Eighth Dean of the BYU Law School
- The Lord is Good to Me: Thoughts on Humility, Gratitude, and Happiness (Kent A. Jordan)
- Think About It: The Value of Law School (Ruth Lybbert Renlund)
- A Wyoming Cowgirl's Path to the Bench (M. Margaret McKeown)
Justice Scalia’S Bottom-Up Approach To Shaping The Law, Meghan J. Ryan
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 colleagues were …
2016 Distinguished Service Award Program
2016 Distinguished Service Award Program
Distinguished Service Awards
No abstract provided.
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos
Articles
If there is one person who we can say is most responsible for the legal theory of the disability rights movement, that person is Jacobus tenBroek. Professor tenBroek was an influential scholar of disability law, whose writings in the 1960s laid the groundwork for the disability rights laws we have today. He was also an influential disability rights activist. He was one of the founders and the president for more than two decades of the National Federation of the Blind, one of the first-and for many years undisputedly the most effective-of the organizations made up of people with disabilities that …
For Judith S. Kaye, Susan Herman
The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn
The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn
Michigan Business & Entrepreneurial Law Review
In the fall semester of 1964, a young Douglas Kahn joined the faculty of the University of Michigan Law School. During the spring semester of 2016, he will teach his final course as a full-time faculty member. For the interim fifty two years, he has been a fixture of the Michigan law school community. As a tax professor, former student, and his son, I am pleased and honored to write this introduction for an edition of the Michigan Business & Entrepreneurial Law Review honoring Professor Kahn’s tenure at the University of Michigan.
Doug Kahn: Class Master, Dennis E. Ross
Doug Kahn: Class Master, Dennis E. Ross
Michigan Business & Entrepreneurial Law Review
Doug has always been a bit of a departure from the professorial norm. Teaching for Doug was no accommodation to the job, no activity collateral to his true ambition, but rather an openly genuine attempt to engage his students and pull them into a subject that he obviously loved. His evident joy when in front of a class closed any distance with his students, no small feat considering the subject matter. Tax is forbidding territory for many, and Doug was justifiably known for his refusal to dumb the material down. Thus, much of his class may have been there reluctantly, …
A Note, Robert T. Pelinka Jr.
A Note, Robert T. Pelinka Jr.
Michigan Business & Entrepreneurial Law Review
I find it quite meaningful that heartwarming reflections about Douglas Kahn come very naturally to me. Perhaps that, in and of itself, says something about this incredible man. For context, my time in physical proximity to Professor Kahn came during my years as a student-athlete at the University of Michigan, where I graduated from the Ross School of Business, and the Law School. I was also a member of The Michigan Wolverines Basketball Team, where I participated in three NCAA Final Fours, and earned an NCAA Championship Title. I mention these things, not to tout my own accomplishments, but rather …
Where Does One Begin To Describe A Professor Who Literally Changed Your Life?, Kelli Turner
Where Does One Begin To Describe A Professor Who Literally Changed Your Life?, Kelli Turner
Michigan Business & Entrepreneurial Law Review
A bit of background to set the stage, if you’ll indulge me. Growing up in West Bloomfield, Michigan, I was never overly ambitious, nor did I have any lofty academic goals. In particular, I never had any desire to go to law school or, for that matter, to become a lawyer. I come from a family of trial attorneys and it never interested me much. I was a numbers person and didn’t enjoy a lot of deep reading and essay writing (somewhat ironic as I’m writing this for a law journal). But when I started in public accounting and developed …
A Grateful Testimonial To Doug Kahn, Terrence G. Perris
A Grateful Testimonial To Doug Kahn, Terrence G. Perris
Michigan Business & Entrepreneurial Law Review
It is difficult for me to accept the reality that Doug Kahn is about to retire after a triumphant fifty-two year tenure as a professor at the University of Michigan Law School. For much of the nearly forty-seven years of my association with the Law School, first as a student and then as an alumnus, Doug has practically symbolized the Law School for me, as he went from being a revered teacher, to a valued mentor, to a dear friend, to a colleague and co-author, and, dare I say, to virtually a member of the family. But I am only …
Doug Kahn - A Personal Appreciation, Patricia D. White
Doug Kahn - A Personal Appreciation, Patricia D. White
Michigan Business & Entrepreneurial Law Review
Doug Kahn has a booming laugh and an infectious enthusiasm for his subject. I am one of the legions of students who were infected by the tax bug—thanks to Doug. It is appropriate that, on the occasion of his retirement, some of us who were most infected reflect on Doug’s influence in our lives. In my case this is easy. I owe the basic contours of my career to Doug. I graduated from Michigan Law in 1974. Times were different then. I graduated never having had a female instructor. There were no women on the faculty. Only thirteen percent of …
Doug Kahn: The Pied Piper Of Tax Law, Barrie Lawson Loeks, Burt P. Rosen
Doug Kahn: The Pied Piper Of Tax Law, Barrie Lawson Loeks, Burt P. Rosen
Michigan Business & Entrepreneurial Law Review
Doug Kahn’s love of tax law appears to be contagious. His wife was a tax lawyer, his son is now a tax law professor, and even his daughter in law is a tax lawyer. Doug may have caught the “tax disease” from his elder brother, who was also a leading tax lawyer. In politics, we have the Kennedys, the Bushes, and the Clintons; in the world of tax law, we have the Kahn family dynasty. One can only assume that the discussions around the family Thanksgiving table sliced and diced tax regulations and policies right along with the turkey and …
Hanging Together: A Multilateral Approach To Taxing Multinationals, Reuven S. Avi-Yonah
Hanging Together: A Multilateral Approach To Taxing Multinationals, Reuven S. Avi-Yonah
Michigan Business & Entrepreneurial Law Review
The recent revelation that many multinational enterprises (MNEs) pay very little tax to the countries they operate in has led to various proposals to change the ways they are taxed. Most of these proposals, however, do not address the fundamental flaws in the international tax regime that allow companies like Apple or Starbucks to legally avoid taxation. In particular, the Organization for Economic Co-operation and Development (OECD) has been working on a Base Erosion and Profit Shifting (BEPS) project and is supposed to make recommendations to the G20, but it is not clear yet whether this will result in a …
Glimpses Of Marshall In The Military, Kevin C. Walsh
Glimpses Of Marshall In The Military, Kevin C. Walsh
Law Faculty Publications
Before President John Adams appointed him as Chief Justice of the United States in 1801, John Marshall was a soldier, a state legislator, a federal legislator, an envoy to France, and the Secretary of State. He also maintained a thriving practice in Virginia and federal courts, occasionally teaming up with political rival and personal friend Patrick Henry. Forty-five years old at the time of his appointment to the Supreme Court, Marshall has been serving his state and his country for a quarter century before he took judicial office. Marshall is an exemplar of professional excellence for all lawyers and judges. …
Funeral Notice
David McDonald (1842-1853)
Funeral notice for David McDonald's wife, Mary R. McDonald.
2016 Academy Of Law Alumni Fellows Dinner & Induction Ceremony Program
2016 Academy Of Law Alumni Fellows Dinner & Induction Ceremony Program
Academy of Law Alumni Fellows
No abstract provided.
The Uneasy Case For The Retirement Of Professor Douglas A. Kahn, Jeffrey H. Kahn
The Uneasy Case For The Retirement Of Professor Douglas A. Kahn, Jeffrey H. Kahn
Scholarly Publications
No abstract provided.
Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress
Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress
Cynthia Burress
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Articles & Chapters
No abstract provided.
Reflections On Opportunity In Life And Law, Judith S. Kaye
Reflections On Opportunity In Life And Law, Judith S. Kaye
Brooklyn Law Review
This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.
A Tribute To Judge Kaye, Nicholas W. Allard
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
To Compare Or Not To Compare? Reading Justice Breyer, Russell A. Miller
Scholarly Articles
Justice Breyer's new book The Court and the World presents a number of productive challenges. First, it provides an opportunity to reflect generally on extra-judicial scholarly activities. Second, it is a major and important - but also troubling - contribution to debates about comparative law broadly, and the opening of domestic constitutional regimes to external law and legal phenomena more specifically. I begin by suggesting a critique of the first of these points. These are merely some thoughts on the implications of extra-judicial scholarship. The greater portion of this essay, however, is devoted to a reading of Justice Breyer's book, …
Justice Stevens And Securities Law, Lyman P.Q. Johnson, Jason A. Cantone
Justice Stevens And Securities Law, Lyman P.Q. Johnson, Jason A. Cantone
Scholarly Articles
In this Article, we tell the overlooked story of Justice Stevens's important role in Supreme Court securities law decisions. In Part I, where we briefly highlight Stevens's career before his 1975 appointment to the Supreme Court, we observe that we can identify no evident interest in or connection to federal securities law or the securities industry, making his contributions all the more remarkable. The only foreshadowing of his prolific opinion-writing on the subject of securities law was his voluminous writing of opinions, in general, while serving on the Seventh Circuit Court of Appeals. This commitment to authoring opinions stemmed, in …
Harry Pratter’S Wisdom, Jonathan Pratter
Harry Pratter’S Wisdom, Jonathan Pratter
Indiana Law Journal
From 1950 to 1994 Harry Pratter taught law at Indiana University- Bloomington. One of his favorite sayings (he had many of these) was Maitland’s “[T]aught law is tough law,” a phrase that a forty-four year teaching career entitles you to utter with some frequency. In response to Sartre’s notorious challenge, “Do you have anything to say?” Pratter could certainly answer yes. He took Sartre literally. Pratter preferred to speak—that is to teach, and not to write. The source of Pratter’s strong preference for speech over writing must remain a mystery. The consequence is that a good deal of what he …
Memorial: John J. Mcneill (1949-2016), Marie Stefanini Newman, Vicky Gannon
Memorial: John J. Mcneill (1949-2016), Marie Stefanini Newman, Vicky Gannon
Elisabeth Haub School of Law Faculty Publications
John McNeill, better known as Jack, died on January 18, 2016, after a lengthy battle with prostate cancer. Jack began working at Pace Law School (now known as Elisabeth Haub School of Law) in September 2000, where he initially served as head of reference services. Two years later, he was promoted to associate director, the position from which he retired in December 2015. He is survived by his sister and brother, two nephews, a niece, and five great-nieces and -nephews.
For Judith S. Kaye, Susan N. Herman
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Donald Weidner And The Modern Law Of Partnerships, Robert W. Hillman
Donald Weidner And The Modern Law Of Partnerships, Robert W. Hillman
Florida State University Law Review
No abstract provided.
William Marshal, Great Knight And Protector Of Magna Carta: The Unknown Founder Of The Right Of Englishmen And Americans!, 50 J. Marshall L. Rev. 1 (2016), Allen Shoenberger
William Marshal, Great Knight And Protector Of Magna Carta: The Unknown Founder Of The Right Of Englishmen And Americans!, 50 J. Marshall L. Rev. 1 (2016), Allen Shoenberger
UIC Law Review
No abstract provided.
The Age Of Scalia, Jamal Greene
The Age Of Scalia, Jamal Greene
Faculty Scholarship
During periods of apparent social dissolution the traditionalists, the true believers, the defenders of the status quo, turn to the past with an interest quite as obsessive as that of the radicals, the reformers, and the revolutionaries. What the true believers look for, and find, is proof that, once upon a time, things were as we should like them to be: the laws of economics worked; the streams of legal doctrine ran sweet and pure; order, tranquility, and harmony governed our society. Their message is: turn back and all will be well.
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.