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Keep Passing The Baton: Reflections On The Legacy Of Ruth Bader Ginsburg, Angela Onwuachi-Willig Oct 2021

Keep Passing The Baton: Reflections On The Legacy Of Ruth Bader Ginsburg, Angela Onwuachi-Willig

Faculty Scholarship

For those who care about justice, particularly for marginalized communities, September 18, 2020 brought immense heartbreak.2 On that day, which happened to be Rosh Hashanah, Justice Ginsburg, who had previously written about how her religious background shaped her career as a lawyer, 3 passed away.

When Justice Ginsburg passed, many highlighted that a person who dies on Rosh Hashanah, the start of the Jewish New Year, is a "Tzadik," which is a title given to people of great righteousness. 4 For example, Nina Totenberg, a reporter for National Public Radio, explained, "A Jewish teaching says those who died just …


Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson Jan 2021

Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson

Faculty Scholarship

Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …


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 …


Empty Chairs, Jennifer L. Behrens Jan 2020

Empty Chairs, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.


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.


The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens Jan 2020

The Empty Chair: Reflections On An Absent Justice, Jennifer L. Behrens

Faculty Scholarship

This article examines a January 1888 letter to U.S. Supreme Court Chief Justice Morrison Waite from Associate Justice Stanley Matthews. Justice Matthews requested time away from the notoriously overworked Court’s session in order to attend the funeral of Dr. Peter Parker, renowned medical missionary and diplomat. The piece presents biographical sketches of Justice Matthews and Dr. Parker, and considers the historical context of the potential absence on the late nineteenth-century Court’s operations.


Review Of Joel Richard Paul, Without Precedent: Chief Justice John Marshall And His Times, Pat Newcombe Jan 2019

Review Of Joel Richard Paul, Without Precedent: Chief Justice John Marshall And His Times, Pat Newcombe

Faculty Scholarship

This Article reviews Joel Richard Paul's book, Without Precedent: Chief Justice John Marshall and His Times. The Author found this scholarly work to be very readable. Paul relies on ample and deep primary sources, yet manages to present John Marshall in a very human and accessible way. This narrative would be an excellent selection for any academic or public library, especially those that collect in the American history area, and it is highly recommended.


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.


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 …


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 …


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 …


Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens Jan 2019

Beyond The Annals Of Murder: The Life And Works Of Thomas M. Mcdade, Jennifer L. Behrens

Faculty Scholarship

Thomas M. McDade is best known (if not well-known enough) for his seminal 1961 reference bibliography, The Annals of Murder: A Bibliography of Books and Pamphlets on American Murders from Colonial Times to 1900. Beyond that singular text on early American murder trial accounts, though, lies more than 70 additional publications on American legal history, law enforcement, and literature, gathered together for the first time in an annotated bibliography of McDade’s lesser-known writings. The article also examines McDade’s fascinating life and varied career as an early FBI agent, World War II veteran, corporate executive, and true crime chronicler.


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.


Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli Jan 2017

Mother. Orator. Woman Suffrage Leader: The Feminist Legacy Of Elizabeth Cady Stanton, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


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 …


A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab Jan 2017

A Challenge To Bleached Out Professional Identity: How Jewish Was Justice Louis Brandeis?, Russell G. Pearce, Adam B. Winer, Emily Jenab

Faculty Scholarship

As an exemplar, Justice Louis D. Brandeis challenges the currently dominant conception that requires lawyers to, in Sanford Levinson's term, "bleach out" their personal identity from their professional identity. Under the dominant neutral partisan vision of the lawyer, clients will only receive the equal representation necessary to provide equal justice if lawyers exclude all personal and group identifications from their role. Brandeis, in contrast, asserted that his Jewish identity constructed his understanding of himself as a jurist. His distinguished career thereby provides a counter-narrative to bleaching-out that can serve as a model for all lawyers, whatever their personal and group …


For Judith S. Kaye, Susan Herman Jul 2016

For Judith S. Kaye, Susan Herman

Faculty Scholarship

No abstract provided.


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.


Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman Jan 2015

Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


In Memoriam: Daniel J. Meltzer, David F. Levi, David J. Barron, Donald B. Verrilli, Elana Kagan, Martha Minow, Richard H. Fallon, Robert S. Taylor, Vicki C. Jackson Jan 2015

In Memoriam: Daniel J. Meltzer, David F. Levi, David J. Barron, Donald B. Verrilli, Elana Kagan, Martha Minow, Richard H. Fallon, Robert S. Taylor, Vicki C. Jackson

Faculty Scholarship

No abstract provided.


The Lutheran Lawyer: Some Reflections On The Ethics Contributions Of Susan Martyn, Marie Failinger Jan 2015

The Lutheran Lawyer: Some Reflections On The Ethics Contributions Of Susan Martyn, Marie Failinger

Faculty Scholarship

Recently, Professor Susan Martyn, who is honored in this tribute issue, contributed to a forthcoming volume on Lutheran theological views of secular law of which I am co-editor. Ever the professional, Professor Martyn expressed initial uncertainty about her ability to make a contribution to this volume without more theological expertise. Not to worry, Professor Martyn's prodigious work ethic and creative lawyering produced an insightful chapter entitled, "Can Luther Help Modem Lawyers Understand Fiduciary Duty?" As it turns out, she argued, Martin Luther can help modem lawyers because he understood the ancient roots of fiduciary law that lie at the foundation …


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, …


Gerald Bard Tjoflat: A Profile, Daniel S. Bowling Iii Jan 2014

Gerald Bard Tjoflat: A Profile, Daniel S. Bowling Iii

Faculty Scholarship

No abstract provided.


The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman Jan 2013

The Legacy Of Jane Larson: The Politics Of Practicality And Surprise, Martha M. Ertman

Faculty Scholarship

Jane Larson's work and life enriched my own and others. Her intellectual framework - applying legal economic ideas of consent to feminist theory, backed up by legal history - suggest surprising practical solutions to problems ranging from the injuries of adultery and prostitution to housing in border towns.


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 …


Touched By Greatness, Shruti Rana Jan 2012

Touched By Greatness, Shruti Rana

Faculty Scholarship

No abstract provided.


Foreword, Mary Kay Kane Jan 2012

Foreword, Mary Kay Kane

Faculty Scholarship

No abstract provided.