Law Commons^™

Defending The Law Review - A Response To Judge Posner & Professor Lindgren, Harvey Gilmore

Harvey Gilmore

I am fairly new to the publication game. I am not a professional writer. I was never a law review editor. My current teaching job does not mandate that I “publish or perish.” On top of that, I do believe that law reviews were invaluable to me in helping me write research papers during my time in law school. I enjoy reading law review articles to this day. In addition, I have enjoyed the privilege of having several of my own pieces accepted for publication as law review articles. Consequently, I have had positive experiences dealing with law review editors …

After Ten Years, Sarbanes-Oxley Might Be Statutory Overkill

Harvey Gilmore

The start of the twenty first century brought with it some spectacular corporate accounting scandals: Enron, World-Com, Adelphia, and Tyco, to name a few. The subsequent congressional hearings investigating the accounting and ethical failures of these companies resulted in a parade of one corporate executive after another claiming they had no knowledge of the massive fraud in their firms. In response to this rapid-fire succession of corporate scandals, Congress enacted the Sarbanes-Oxley Act of 2002 (“SOX”). It is a statute first introduced by Senator Paul Sarbanes and Congressman Michael Oxley, and signed into law by President George W. Bush in …

Misadventures Of A Law School Misfit

Harvey Gilmore

If the brilliant, legendary playwright Rod Serling were still with us, he might have described a law school graduate’s credentials something like this—consider if you will, the law school graduate’s perfect resume: 1) graduated first in his class from “Ivy League University”; 2) graduated first in his class from “Ivy League Law School”; 3) law review editor; and 4) elevation to Big-Firm partnership.

Well, that ain’t me. I was never a law review editor. I did not graduate in the top ten percent of my class. I did not go to an Ivy League college or law school. I never …

When We Lie To The Government, It's A Crime, But When The Government Lies To Us, It's...Constitutional?, Harvey Gilmore

Harvey Gilmore

“Thou shalt not bear false witness against thy neighbor.” To put it another way, don’t lie. Unfortunately, human history is littered with innumerable examples of people who have disregarded that rather simple requirement of honesty. Little kids lie (“I didn’t break the vase, Mommy!”). Corporate executives lie. Lawyers lie. Accounting Firms lie. Politicians lie. Police Officers lie. Even Presidents lie.