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Willard Hurst, Technological Changes, And The Transformation Of American Public Law, William J. Novak

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As Sociobiologist E.O. Wilson once famously framed the “problem of humanity”: “We have paleolithic emotions; medieval institutions; and god-like technology.” America’s greatest philosopher John Dewey similarly placed this yawning gap between rapidly expanding technological change and slowly evolving human emotions and institutions at the heart of what he called The Public and Its Problems. Indeed, Dewey traced the origins of the modern American state as well as what he termed “the Great Society” to the new and modern technologies in production and commerce and steam and electricity that “resulted in a social revolution.” Without warning, Dewey argued, traditional local communities …

Stanley Surrey, The Code And The Regime, Reuven S. Avi-Yonah, Nir Fishbien

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Stanley Surrey (1910-1984) was arguably the most important tax scholar of his generation. Surrey was a rare combination of an academic (Berkeley and Harvard law schools, 1947-1961 and 1969-1981) and a government official (Tax Legislative Counsel, 1942-1947; Assistant Secretary for Tax Policy, 1961-1969). Today he is mostly remembered for inventing the concept of tax expenditures and the tax expenditure budget. This paper will argue that while Surrey was influential in shaping domestic tax policy for a generation and had an impact after his death on the Tax Reform Act of 1986, his longest lasting contributions were in shaping the international …

Nicholas C. Howson's Tribute To Professor William P. Alford, Nicholas C. Howson

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Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle

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Through the eyes of Charles Pendleton’s memoirs, this article walks through a rural community with a county attorney to consider how race, religion, gender, and sexuality influenced rural prosecutorial discretion in the early twentieth century. Rural communities like those in Buena Vista County, Iowa, where the article is centered, experienced “the law” through distinctly isolated geographies and social networks that lacked anonymity and thus shaped available methods of conflict resolution. But anonymity did not mean homogeneity. Ethnic, racial, and religious diversity created divisions within a community where social distance between individuals was small. Both onymity and diversity shaped who should …

Mark D. Anderson: A Teacher's Teacher And A Scholar's Scholar, Wendy Gerwick Couture

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Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Dylan R. Hedden-Nicely

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Festschrift In Honor Of University Of Idaho Distinguished Professor Emeritus Dale Goble, Barbara Cosens

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A Tribute To Maureen Laflin, Elizabeth Brandt

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Leading Through Collaboration: A Tribute To Distinguished Professor Barbara Cosens, Donald L. Burnett Jr.

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A Tribute To Don Burnett, Maureen Laflin

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D. Benjamin Beard: A Law Professor For All Seasons, Richard Henry Seamon

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Tribute To Judge Robert Katzmann, Lindsay Nash

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Harry Flechtner--A True Teacher/Scholar, With Rhythm, Ronald A. Brand

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This is a tribute to Professor Emeritus Harry Flechtner upon his retirement from the University of Pittsburgh School of Law. Professor Flechtner was a leading scholar on the United Nations Convention on Contracts for the International Sale of Goods (CISG), a stellar teacher, a musician who used that skill in the classroom as well as the Vienna Konzerthaus, and a genuinely nice person.

Cardozo On The Supreme Court: Meeting High Expectations, Richard D. Friedman

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President Trump announced his nomination of Neil Gorsuch — the sixth most senior judge on a federal appellate court in the hinterland—for a seat on the Supreme Court in a formal, nationally televised ceremony. Judge Gorsuch squeezed the shoulder of his wife, a gesture that signaled not only his thrill at the nomination but his joy at being able to share it with her. There followed a bitterly partisan process, featuring hearings at which the nominee testified and deflected questions about his substantive views. A change in the Senate rules, ending the possibility of a filibuster, was necessary to bring …

The Life And Legacy Of Professor Calvin R. Massey: A Select Annotated Bibliography, Nicholas Mignanelli

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Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills

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This Foreword to the Public Land and Resources Law Review special issue republishing and celebrating the scholarship of Professor Raymond Cross provides a context and framework for understanding and appreciating the issue's articles. The Foreword reviews Professor Cross' legacy of work as a tribal attorney on behalf of the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) of the Fort Berthold Reservation and discusses the important contributions his scholarly work continue to make to the field of Federal Indian Law. As noted at the conclusion of the Foreword, "[i]t is a true honor to introduce and present some of his important …

From Integrationism To Equal Protection: Tenbroek And The Next 25 Years Of Disability Rights, Samuel R. Bagenstos

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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 …

On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins

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The life of Judge Harry T. Edwards is one very much steeped in writing. His passion dates back at least to his years at Uniondale High School when he was the editor of the school newspaper. In the legal realm, that passion traces back to 1964 and his days on the Michigan Law Review when he published two student Notes. In the half-century since then, Judge Edwards has authored six books and more than 90 scholarly articles or essays. As a lawyer, educator, administrator, arbitrator, and now jurist, Harry Edwards has put his ideas into print concerning an array of …

The Legacy Of Senator Edmund Muskie, Robert Hirshon

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I am delighted to be with you this morning. My relationship with Senator Edmund Muskie actually predated my birth. It arose from my grandfather's ownership of a building in Waterville, Maine. On the ground floor was a dry goods and clothing store operated by my grandparents and frequently visited by Jane Gray, the future wife of Edmund Muskie. On one of the upper floors in 'the building was a small office that my grandfather rented to an aspiring young lawyer who had recently graduated from Cornell Law School and had returned to Maine to practice law. That young lawyer was …

Jack Sammons As Therapist, Jospeh Vining

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Jack Sammons is well known as a pioneer in making the practice of law a field of academic study and teaching. He is also an original and penetrating analyst of law as such. This essay comments on his recent work, especially his putting the way we understand law and the way we understand music side by side and drawing out the parallels between them. Many will find his work a revelation.

Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer

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Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …

Reading John Noonan, Jospeh Vining

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John Noonan is a giant in American law and legal practice -- a distinguished legal historian and a true judge. His reflections on the nature of law have a special importance. This essay is a comment on basic elements in his thought.

Eric Stein (1913-2011), Daniel Halberstam, Steven Ratner, Mathias Reimann

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On July 28,2011, Eric Stein, pillar of international law, pioneer of the legal study of European integration, and master of comparative law, passed away in Ann Arbor, Michigan. He was ninety-eight years old. He joined this Journal's Board of Editors in 1963, serving as a regular member until 1978, and thereafter as an honorary editor. Stein was the last of that great generation of European-educated jurists who fled Nazism and became leading figures in comparative and international law in the United States.

Justice Stevens's Black Leather Arm Chair, Kathryn A. Watts

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As a law clerk to Justice Stevens in the October Term 2002, I felt that the very best part of the job came almost every afternoon. Without any advance warning, the Justice would get up from his desk and walk through chambers to the law clerks’ main office and plop down into a well-worn black leather arm chair that formed part of a cozy seating area flanked by tall bookshelves filled with volumes of case reporters and the United States Code.

As soon as the Justice started settling himself into his arm chair, my co-clerks and I all knew …

Craig Callen: Tributes From The Evidence Community, Richard D. Friedman

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At the wonderful memorial service for Craig Callen held at MSU shortly after his death in April, I had the honor, by reason of proximity, to appear in effect as the representative of nationwide, and even worldwide, community of scholars that has felt his death very deeply. I am grateful for the opportunity to perform this same function in print.

Eric Stein, Theodore J. St. Antoine

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Eric Stein was one of the wisest, shrewdest, most broadly knowledgeable, and most benign human beings I have ever known. Since others can speak more authoritatively about Eric's scholarship and his contributions to international law, I am going to concentrate on him personally and on his relationships with his Michigan Law School colleagues.

Dores Mccree, Theodore J. St. Antoine

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Dores McCree had an unusual combination of great qualities. She was totally dedicated to her role as a career advisor to students at the Law School and relentlessly persistent in pursuing opportunities for them among her large, nationwide group of lawyer friends. Yet she could be very hard-headed and realistic in appraising the qualifications of an individual candidate for a particular position. "John or Mary," she would say in that warm, disarming, and totally persuasive voice of hers, "I just don't think that job is the right fit for you. Let's find something better."

Tribute: Dores Mccrary Mccree, David L. Chambers

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Dores McCree made your day a little better whenever she walked into a room. When you talked with her, you knew her goal was simply to enjoy your company, not to get something out of you, and not to show herself off. She was good at talking and good at listening. She'd cock her head slightly and ask questions to which she really cared about the answers. On more than one occasion, I had to jockey with others to be able to sit with her at a dinner.

In Memoriam: David P. Leonard, Richard D. Friedman

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In all significant respects but longevity, David Leonard was - and I am confident that he believed himself to be - a lucky man. Saddened as I am that our association was cut so terribly short, I feel lucky that we had it for as long as we did. And I am sure that his family, his students, his colleagues, and those in the wider legal world who were graced not only by his wisdom but also by his essential goodness, feel the same way.

The Filaments Of The Vicarious, Jospeh Vining

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Forty years is the unit of work in focus here. You have or will have units of forty years of your own, a unit of work like this. I hope what you are doing for me is also for you and your work and your encourage-ment about the decades behind you or to come. I can best respond to your generosity with a look back at the course of this effort of mine and its internal and external connections over time, to illustrate and help us keep in mind the way we mutually influence each other in our thought and …