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Articles 1 - 30 of 42
Full-Text Articles in Law
Racial Revisionism, Shaun Ossei-Owusu
Racial Revisionism, Shaun Ossei-Owusu
All Faculty Scholarship
Review of Corey Robin, The Enigma of Clarence Thomas (New York: Metropolitan Books, 2019).
Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman
Are There Really "Plenty Of Shapiros Out There"? A Comment On The Courage Of Norma L. Shapiro, Reid K. Weisbord, David A. Hoffman
All Faculty Scholarship
Norma Levy Shapiro, a trailblazing United States District Court Judge whose tenure on the Philadelphia federal bench spanned nearly 40 years, died July 22, 2016. This memoriam, written by two former law clerks, reflects fondly on Judge Shapiro’s judicial courage to follow her conscience even when doing so required making deeply unpopular decisions. To illustrate, this memoriam examines three of Judge Shapiro’s most memorable cases from her notable prisoner litigation docket.
First, in Harris v. Pernsley, Judge Shapiro’s principled but polarizing decisions in the Philadelphia prison overcrowding litigation elicited a now-familiar brand of snark from one (tremendous! but imperfectly …
Perfectly Frank: A Reflection On Quality Lawyering In Honor Of R. Franklin Balotti, Leo E. Strine Jr., James J. Hanks Jr., John F. Olson, A. Gilchrist Sparks, E. Norman Veasey, Gregory P. Williams
Perfectly Frank: A Reflection On Quality Lawyering In Honor Of R. Franklin Balotti, Leo E. Strine Jr., James J. Hanks Jr., John F. Olson, A. Gilchrist Sparks, E. Norman Veasey, Gregory P. Williams
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This essay honoring the late R. Franklin Balotti focuses upon certain of the key attributes necessary to practice business law effectively and ethically. Among these attributes are a strong work ethic, the integrity to stand behind your own advice and candidly admit when things do not go according to plan, empathy for how others will view your client’s actions and the ability to communicate that perception to your client, the confidence to change the pace of a transaction when a slow down or time out is warranted, and the ability to have some fun and laugh (even at yourself). Perhaps …
Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman
Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman
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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 scholarship, …
Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen
Bruised Soul Of The Artist: A Tribute To Sheldon W. Halpern, Anita L. Allen
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In an unusual case, Scottish-born painter Peter Doig was accused of wrongfully denying the authenticity of a painting he insisted he did not paint, to the financial detriment of the work’s owner. Doig won the case against him, which commenced in 2013 and continued for three years. United States District Judge Gary Feinerman ultimately ruled that the evidence presented in a week-long trial proved “conclusively” that Doig did not paint the plaintiff owner’s painting. The case raised concerns about whether a living artist should ever be required by law to authenticate a work of art ascribed to him or her …
Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas
Justice Kennedy's Sixth Amendment Pragmatism, Stephanos Bibas
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This essay, written as part of a symposium on the evolution of Justice Kennedy’s jurisprudence, surveys three areas of criminal procedure under the Sixth Amendment: sentence enhancements, the admissibility of hearsay, and the regulation of defense counsel’s responsibilities. In each area, Justice Kennedy has been a notable voice of pragmatism, focusing not on bygone analogies to the eighteenth century but on a hard-headed appreciation of the twenty-first. He has shown sensitivity to modern criminal practice, prevailing professional norms, and practical constraints, as befits a Justice who came to the bench with many years of private-practice experience. His touchstone is not …
Institutional Choice In An Economic Crisis, David A. Skeel Jr.
Institutional Choice In An Economic Crisis, David A. Skeel Jr.
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Neil Komesar’s work has transformed our understanding of how institutional analysis should be done. There is one very surprising omission from the breathtaking range of Komesar’s oeuvre, however: he has never directly applied his framework to crises. My aim in this Article is to advance, at least in a small way, our understanding of institutional choice during and after an economic crisis. Part I very briefly revisits the recent crisis, emphasizing its institutional dimensions. Part II identifies three puzzles posed by a crisis for standard Komesarian analysis. Part III then shows how Eric Posner and Adrian Vermeule’s executive-centered theory partially …
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
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No abstract provided.
Thinking, Big And Small, Stephen B. Burbank
Thinking, Big And Small, Stephen B. Burbank
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No abstract provided.
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
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No abstract provided.
Alexander's Genius, Mitchell N. Berman
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
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No abstract provided.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
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No abstract provided.
Portia's Deal, Karen M. Tani
Portia's Deal, Karen M. Tani
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The New Deal, one of the greatest expansions of government in U.S. history, was a “lawyers’ deal”: it relied heavily on lawyers’ skills and reflected lawyers’ values. Was it exclusively a “male lawyers’ deal”? This Essay argues that the New Deal offered important opportunities to women lawyers at a time when they were just beginning to graduate from law school in significant numbers. Agencies associated with social welfare policy, a traditionally “maternalist” enterprise, seem to have been particularly hospitable. Through these agencies, women lawyers helped to administer, interpret, and create the law of a new era.
Using government records and …
Introduction: Appreciating Bill Stuntz, Michael Klarman, David A. Skeel Jr., Carol Steiker
Introduction: Appreciating Bill Stuntz, Michael Klarman, David A. Skeel Jr., Carol Steiker
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The past several decades have seen a renaissance in criminal procedure as a cutting edge discipline, and as one inseparably linked to substantive criminal law. The renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This essay is the introductory chapter to The Political Heart of Criminal Procedure: Essays on Themes of William J. Stuntz (forthcoming, Cambridge University Press, 2012), which brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. After briefly chronicling the arc of Stuntz’s career, the essay provides …
Not Since Thomas Jefferson Dined Alone: For Geoff Hazard At 80, Stephen B. Burbank
Not Since Thomas Jefferson Dined Alone: For Geoff Hazard At 80, Stephen B. Burbank
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No abstract provided.
Remembering Ed Baker, Tobias Barrington Wolff
Remembering Ed Baker, Tobias Barrington Wolff
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This is a short biographical piece honoring and describing deceased colleague C. Edwin Baker.
A Dean's Perspective On Ed Baker, Michael A. Fitts
A Dean's Perspective On Ed Baker, Michael A. Fitts
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No abstract provided.
A Wise Man Of The Law, Anthony J. Scirica
A Wise Man Of The Law, Anthony J. Scirica
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No abstract provided.
Geoffrey C. Hazard, Jr.: Scholar, Law Reformer, Teacher, And Mentor, Catherine T. Struve
Geoffrey C. Hazard, Jr.: Scholar, Law Reformer, Teacher, And Mentor, Catherine T. Struve
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No abstract provided.
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
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No abstract provided.
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
Book Review (Judith Kilpatrick's There When We Needed Him: Wiley Austin Branton, Civil Rights Warrior), Sophia Z. Lee
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No abstract provided.
Fiduciary Duties And The Analyst Scandals, Jill E. Fisch
Fiduciary Duties And The Analyst Scandals, Jill E. Fisch
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No abstract provided.
Edward R. Becker: A Man In Full, Stephen B. Burbank
Edward R. Becker: A Man In Full, Stephen B. Burbank
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No abstract provided.
Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore Ruger
Justice Harry Blackmun And The Phenomenon Of Judicial Preference Change, Theodore Ruger
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No abstract provided.
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank
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No abstract provided.
Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank
Procedure, Politics And Power: The Role Of Congress, Stephen B. Burbank
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No abstract provided.
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider
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No abstract provided.
Making Progress The Old-Fashioned Way, Stephen B. Burbank
Making Progress The Old-Fashioned Way, Stephen B. Burbank
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No abstract provided.
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
Mary Joe Frug's Postmodern Feminist Legal Manifesto Ten Years Later: Reflections On The State Of Feminism Today·, Regina Austin, Elizabeth M. Schneider
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No abstract provided.