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Full-Text Articles in Law

Charles Reich And The Legal History Of Privacy, Sarah Seo Jan 2021

Charles Reich And The Legal History Of Privacy, Sarah Seo

Faculty Scholarship

Historians’ interest in Reich offers a case study of the relationship between historical and legal studies. What can legal scholars learn from historians, and what can historians learn from legal scholarship? This Essay will explore these two questions by focusing on Igo’s The Known Citizen since she encountered Reich not with the dual citizenship of a legal historian but as an intellectual historian. I will first highlight what legal scholars can learn from historians by summarizing the main arguments in The Known Citizen. Then, I will provide an alternative legal account to Igo’s history of privacy, which may clear …


Memoriam: Justice John Paul Stevens, John G. Roberts Jr., David Barron, Alison J. Nathan, Christopher L. Eisgruber, Olatunde C.A. Johnson, Eduardo M. Peñalver Jan 2020

Memoriam: Justice John Paul Stevens, John G. Roberts Jr., David Barron, Alison J. Nathan, Christopher L. Eisgruber, Olatunde C.A. Johnson, Eduardo M. Peñalver

Faculty Scholarship

When Justice John Paul Stevens passed away on July 16, 2019, I was flooded with personal memories of my year clerking for him. The standard words of comfort when someone dies are that they will live on through the individuals that knew and loved them. Justice Stevens sat on the Supreme Court for more than three decades; his loss would be felt beyond those who knew him personally. I wondered how history would remember him.


Richard N. Gardner: Memories, Michael I. Sovern Jan 2019

Richard N. Gardner: Memories, Michael I. Sovern

Faculty Scholarship

Richard Gardner and I were colleagues for almost sixty years. The law faculty elevated us to its tenured ranks at the same meeting in 1959. We helped restore order after Columbia’s 1968 turmoil, he as a member of a disciplinary tribunal, I as chairman of the Executive Committee of the Faculty. We served under eight deans together; he
actually served under a ninth: me.


Richard N. Gardner (1927–2019), Lori Fisler Damrosch Jan 2019

Richard N. Gardner (1927–2019), Lori Fisler Damrosch

Faculty Scholarship

Richard Gardner occupies a unique place in the history of United States diplomacy, in the teaching and practice of international law, in scholarship across a wide range of fields of interest to our discipline, and in the life of this Society. He was my valued colleague and mentor at Columbia University for many years, not just at the Law School, but also at the School of International and Public Affairs, where he nurtured and inspired generations of diplomats and policy experts to follow the call of public service. Having ascended the academic ladder to ever more dazzling heights — from …


Tribute To Richard N. Gardner, Lori F. Damrosch Jan 2019

Tribute To Richard N. Gardner, Lori F. Damrosch

Faculty Scholarship

Richard Gardner was my valued mentor and colleague at Columbia University, beginning before I began teaching in 1984 and continuing well beyond his retirement in 2012. In the fall semesters from 1984 through 1989, we co-taught the survey course in International Law, using the Columbia textbook originally developed by Wolfgang Friedmann with other Columbia co-editors (which has remained the “Columbia book” over the years). Our first semester of teaching together coincided with the semester that Dick’s daughter, Nina, took the International Law class as a 2L at Columbia Law School (as his son, Tony, would also do, a few years …


One Of The Good Guys: The Making Of A Justice – Reflections On My First 94 Years, Jamal Greene Jan 2019

One Of The Good Guys: The Making Of A Justice – Reflections On My First 94 Years, Jamal Greene

Faculty Scholarship

John Paul Stevens’s first published judicial opinion was a Dissent. He joined the Seventh Circuit a few days after the court issued its opinion in Groppi v. Leslie, and dissented soon afterward when the court upheld that decision on rehearing. Wilbur Pell, who until Stevens joined was the only Republican among the Seventh Circuit’s seven active judges, wrote both Groppi opinions. Yet Stevens, brand new to the court, dissented from Pell’s opinion on rehearing.

There was no reason to think Father Groppi, who was arrested for leading a demonstration that interrupted the Wisconsin Assembly’s work, was innocent of legislative …


Robert Ferguson: A Man For All Seasons, Brett Dignam Jan 2018

Robert Ferguson: A Man For All Seasons, Brett Dignam

Faculty Scholarship

Professor Robert Ferguson enriched all of our lives. The man lived by and luxuriated in words. They are important to all of us, but they had a particularly magical significance to Robert. He chose them carefully, crafted their construction, and gloried in their rhythm. He encouraged all of us – his colleagues, students, friends, and (most recently) correspondents from prison – to articulate our thoughts. He listened to and scrutinized the words of others with impeccable care.


Jack Greenberg: Living Greatly In The Law, John C. Coffee Jr. Jan 2017

Jack Greenberg: Living Greatly In The Law, John C. Coffee Jr.

Faculty Scholarship

In 1886, Oliver Wendell Holmes, Jr., then a Professor at Harvard Law School, gave a talk to the students of Harvard College, which included a much-quoted line: “I say – and I say no longer with any doubt – that a man may live greatly in the law…. [H]e may wreak himself upon life, may drink the bitter cup of heroism, may wear his heart out after the unattainable.”

Holmes set a high standard for greatness. It was not enough for him that a lawyer succeed in “the greedy watch for clients and practice of shopkeepers’ arts,” but rather he …


In Memoriam – Marvin A. Chirelstein, Barbara Aronstein Black, Stephen B. Cohen, Michael J. Graetz, Roberta Romano, Carol Sanger, Robert E. Scott Jan 2016

In Memoriam – Marvin A. Chirelstein, Barbara Aronstein Black, Stephen B. Cohen, Michael J. Graetz, Roberta Romano, Carol Sanger, Robert E. Scott

Faculty Scholarship

No abstract provided.


A Tribute To The Work Of Patricia Williams, Katherine M. Franke Jan 2014

A Tribute To The Work Of Patricia Williams, Katherine M. Franke

Faculty Scholarship

The task of selecting an honoree is not an easy one – as we aim to take up a corpus of work that is at once deep enough and broad enough to sustain a full day of conversation. To be honest, most legal scholars tend to be more hedgehogs than foxes, burrowing down deep into an area of law over the course of a career rather than bringing their intellectual talents to bear on a range of social problems or diverse disciplinary locations. One person, without question, stands out as an exception to this tendency in the legal academy, and …


Social Entrepreneurship And Uncorporations, Jesse Finrock, Eric L. Talley Jan 2014

Social Entrepreneurship And Uncorporations, Jesse Finrock, Eric L. Talley

Faculty Scholarship

Larry Ribstein’s pioneering analysis of alternative business forms during the late twentieth century highlighted the contractarian freedom that these forms provided. The rise of the LLC model was of particular interest to Ribstein, who assessed how this model brought greater freedom to those who held duties and obligations within the corporate structure. This Article takes up Ribstein’s mantle by assessing the development the alternative “social enterprise” business forms manifested in benefit corporations (BC) and flexible purpose corporations (FPC). Both forms allow an incorporated entity to articulate and pursue a social benefit alongside the maximization of shareholder returns. Despite its utility, …


In Tribute: M. Katherine B. Darmer, Tom Campbell, Erwin Chemerinsky, Bobby L. Dexter, Katherine M. Franke, Mark Osler, Marisa S. Cianciarulo, James L. Doti, Richard D. Fybel, Kirsten E. Gillibrand, Tiffany Chang Jan 2013

In Tribute: M. Katherine B. Darmer, Tom Campbell, Erwin Chemerinsky, Bobby L. Dexter, Katherine M. Franke, Mark Osler, Marisa S. Cianciarulo, James L. Doti, Richard D. Fybel, Kirsten E. Gillibrand, Tiffany Chang

Faculty Scholarship

The editors of the Chapman Law Review respectfully dedicate this issue to Professor M. Katherine B. Darmer.


Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke Jan 2013

Symposium Honoring The Advocacy, Scholarship, And Jurisprudence Of Justice Ruth Bader Ginsburg: Introduction, Katherine M. Franke

Faculty Scholarship

I want to welcome back Justice Ginsburg to Columbia Law School. She has been a frequent visitor since her time here as a student in the late 1950s and again as a member of our faculty in the 1970s. I know she knows, but it is worth reiterating that she always has a home here at Columbia.


Keeping Up With Jim Jones: Pioneer, Taskmaster, Architect, Trailblazer, Kimberlé W. Crenshaw Jan 2013

Keeping Up With Jim Jones: Pioneer, Taskmaster, Architect, Trailblazer, Kimberlé W. Crenshaw

Faculty Scholarship

It is a special honor to have this opportunity to celebrate Professor Jim Jones's pivotal role in integrating the ranks of the law professoriat. Jim Jones was of course not the only one who hoped that the number of minority law professors would swell as the number of law graduates increased, but unlike those who simply watched and waited, Jim Jones decided to actually do something about the infamous "pool problem" in legal education.

Through his innovation, mentoring, and dogged advocacy, Jim Jones put action to passion, quietly, deliberately, and diligently creating a pipeline of minority law teachers. I know …


The Intellectual Integrity Of Ed Baker, Vincent A. Blasi Jan 2012

The Intellectual Integrity Of Ed Baker, Vincent A. Blasi

Faculty Scholarship

John Stuart Mill was not one of Ed Baker’s favorite authors, although Ed knew his Mill well and drew on him for some of his important work. But I know Ed Baker would have been a particular favorite of John Stuart Mill. I say that not generically, but specifically. Mill said that what an adaptive, improving society needs most of all — even more than technological expertise — is the hardest thing to achieve: independent thinkers who have the courage to follow their thought wherever it leads, even when that journey risks unsettling their cherished beliefs or damaging their credibility. …


In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker Jan 2011

In Memoriam: William J. Stuntz, Pamela S. Karlan, Michael J. Klarman, Martha Minow, Daniel C. Richman, Robert E. Scott, David Skeel, Carol Steiker

Faculty Scholarship

Bill made a lot of errors in his articles. I know that, because he told me so, often in graphic detail, sometimes years after writing them; sometimes days. As anyone familiar with Bill or his work knows, this sort of harsh self-criticism bespeaks not any laxity or insouciance on Bill’s part, or even a false modesty, but rather an intense commitment to intellectual rigor, and (even more astounding for a legal academic) actually “getting it right.”


Harry Kalven, Jr., Vincent A. Blasi Jan 2011

Harry Kalven, Jr., Vincent A. Blasi

Faculty Scholarship

The first week of law school is for most students an intimidating experience. Everyone is so serious. My first week was leavened considerably by Harry Kalven. A group of students and Kalven were watching the seventh game of the 1964 World Series in the student lounge of the University of Chicago Law School. The broadcast was interrupted by a news bulletin: Nikita Khrushchev had just been deposed. Viewers were treated to several minutes of political and diplomatic analysis, with correspondents around the globe speculating on what this might mean for East-West relations. One of my classmates, an amateur Kremlinologist …


Introduction, Katherine M. Franke Jan 2010

Introduction, Katherine M. Franke

Faculty Scholarship

Each year, the Center for Gender & Sexuality Law devotes a day- long symposium to the significant contributions of a senior scholar to the literature of gender and/or sexuality law and theory. For our inaugural symposium we were pleased to have selected Martha Nussbaum, the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago with joint appointments in the Philosophy Department, Law School and Divinity School. Professor Nussbaum’s work spans a daunting terrain. In her work as a classicist and theorist of liberal humanism, she has both explored an ethics of vulnerability and human flourishing, …


A Personal Note, Debra A. Livingston Jan 2010

A Personal Note, Debra A. Livingston

Faculty Scholarship

It's a pleasure to introduce this issue honoring Columbia's most lovable curmudgeon. What can I say about the Harlan Fiske Stone Professor of Law? I should acknowledge, at the start, Henry's profound intellectual contribution to Columbia and to the law. There are not many of us who can say, with justification, that we've written the Greatest Hits of Public Law Scholarship over the course of our careers. And few of us have made individual contributions that equal "Constitutional Common Law," "Marbury and the Administrative State," "We the People[s]," "Stare Decisis," or "The Constitution Goes to Harvard." Henry is unusual among …


Tribute To John M. Kernochan – January 11, 2008, Jane C. Ginsburg Jan 2009

Tribute To John M. Kernochan – January 11, 2008, Jane C. Ginsburg

Faculty Scholarship

Were it not for Jack, I probably would not be teaching at Columbia Law School today. Way back in 1983, Jack, then several years from emeritus status, determined to identify and recruit a prospective intellectual property scholar who would join him in building an IP program for Columbia, and might in the long run succeed him. Jack had read all the articles about copyright published by young scholars and would-be scholars, and then proceeded to contact some of the authors for interviews. The interview led, at least in my case, to an invitation to teach a session of Jack's "Business …


History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah S. Purdy Jan 2006

History, Human Nature, And Property Regimes: Filling In The Civilizing Argument, Jedediah S. Purdy

Faculty Scholarship

Carol Rose’s paper exemplifies qualities I have admired in Carol’s work since I first read her in 1999 and 2000. It also raises questions about her work and that of anyone who tries to follow in her footsteps. Because I am one of those chasers after methodological Rose petals, I am (at least) doubly interested in these questions.


Imagining Lesbian Legal Theory, Kendall Thomas Jan 2005

Imagining Lesbian Legal Theory, Kendall Thomas

Faculty Scholarship

It’s great to be here for this particular occasion to honor the work of Ruthann Robson, from whom I have, over the course of many years, learned so much.

First, I’ve learned from her the critical importance of doing work that is based on and reflects a set of political and ethical commitments to people who live under regimes of domination and inequality. Her scholarship, to me, is a model of engaged adversary scholarship. She has never fallen into the trap, so common to those of us who are professionalized in the legal academy, of thinking that this work does …


Remembering Oscar Schachter, Lori Fisler Damrosch Jan 2004

Remembering Oscar Schachter, Lori Fisler Damrosch

Faculty Scholarship

In this issue of the Columbia Law Review and also in the pages of journals that specialize in international and transnational law,' my colleagues and I celebrate the professional accomplishments of Oscar Schachter as a superlative scholar and public servant, as well as his qualities as a human being. Here, I will speak mainly in the personal rather than professional voice. One of the reasons I want to reminisce rather than eulogize is the very impossibility of putting the proper frame on the superlatives.


An Appreciation Of Jonathan I. Charney, Lori Fisler Damrosch Jan 2003

An Appreciation Of Jonathan I. Charney, Lori Fisler Damrosch

Faculty Scholarship

Jon Charney preceded me into the academic world by a dozen years and already had a well-established reputation in international law when I was a brand-new law teacher. At the time we met in 1984, Jon was tackling some of the most ambitious topics in the theory and practice of international law, and he reached out to others for collegial engagement on those subjects. From the mid-1980s, he and I worked together on three collaborative books and on many projects for the American Society of International Law and the American Journal of International Law.


In Honor Of Stefan A. Riesenfeld, Lori Fisler Damrosch Jan 1997

In Honor Of Stefan A. Riesenfeld, Lori Fisler Damrosch

Faculty Scholarship

In this issue dedicated to Professor Riesenfeld, his achievements as a scholar and teacher will appropriately receive central attention. As a contributor who also worked with him in his Washington days, I would like first to recall a few anecdotes from that time (which I hope he remembers as fondly as I do) and then turn to an assessment of his contributions to the literature on the interface between the constitutional and international law of treaties.


Barbara Jordan: Constitutional Conscience, Philip C. Bobbitt Jan 1996

Barbara Jordan: Constitutional Conscience, Philip C. Bobbitt

Faculty Scholarship

Many of us learned for the first time in the press accounts following Barbara Jordan's death that she carried with her a small pocket copy of the U.S. Constitution. From some apparently early point, and then throughout her life, this small paper pamphlet was always with her. What was unreported was the fact that within this copy of the Constitution, there was folded a slip of paper on which was written a quotation from Albert Einstein. I do not believe this quotation is written in Barbara Jordan's hand; but it has clearly lain within her copy of the Constitution for …


A Tribute To Justice Byron R. White, Lewis F. Powell Jr., Rhesa H. Barksdale, David M. Ebel, Lance Liebman, Charles Fried Jan 1993

A Tribute To Justice Byron R. White, Lewis F. Powell Jr., Rhesa H. Barksdale, David M. Ebel, Lance Liebman, Charles Fried

Faculty Scholarship

Of 107 Justices in 205 years, only twelve have served longer than thirty years, and every long-serving Justice has made a substantial contribution to the institution - offering a steady and dedicated response to the judicial challenges of an era, asserting leadership at a time of national crisis, or articulating a large constitutional vision. The personal qualities and life experiences that a new Justice brings to the Court contain the seeds of the individual's judicial service. Justice White, a skeptical but unflinching democrat, was no exception.


Monrad G. Paulsen, Michael I. Sovern Jan 1981

Monrad G. Paulsen, Michael I. Sovern

Faculty Scholarship

Nothing made Monrad happier than bringing together two people he loved whose lives had not previously intersected and seeing a new friendship blossom. I owe some of the most satisfying relationships of my life to that wonderful taste. And I see its fruits all over this room today. Monrad would be overjoyed if he could see us all together.