Law Commons^™

Vol. 1 No. 1, Fall 2009; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Neo-Orthodoxy In Academic Freedom, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …

When Immigration Borders Move, Huyen Pham

Faculty Scholarship

With recent immigration enforcement efforts, we have created a completely new paradigm of moving borders: laws, enacted at all levels of government, that require proof of legal immigration status in order to obtain a driver's license, a job, rental housing, government need-based assistance, and numerous other essential benefits. Unlike the fixed physical border, these laws require proof of immigration status at multiple, moving points within the country's interior and are triggered through everyday transactions; if unable to prove her legal status, a person is denied the restricted benefit. If a person is denied access to multiple essential benefits, then she …

Taking My Leave, Timothy Zick

Popular Media

No abstract provided.

Interview With Martha Pope And David Pozorski By Brien Williams, Martha Pope, David R. Pozorski

George J. Mitchell Oral History Project

Biographical Note
Martha Pope was born in Newcastle, Pennsylvania, and grew up in Connecticut. She attended the University of Connecticut, majoring in sociology with minors in psychology and statistics and in art. She earned a master’s degree in art education at Southern Connecticut University. She taught art for five years in elementary and junior high school, and then she moved to Washington, D.C. and started work on Capitol Hill. She worked for Senator John Culver, and when Culver lost his bid for reelection, Senator Mitchell kept her on as Environment and Public Works Committee staff focusing on fish and wildlife …

Tiered Originality And The Dualism Of Copyright Incentives, Shyamkrishna Balganesh

All Faculty Scholarship

Professor Balganesh responds to Gideon Parchomovsky & Alex Stein, Originality, 95 Va. L. Rev. 1505 (2009), arguing that their proposal can perhaps be accommodated under current copyright doctrine.

Vol. 37, No. 13 (November 30, 2009)

Indiana Law Annotated

No abstract provided.

Linton Family Llc And The Step Transaction Doctrine, Wendy G. Gerzog

All Faculty Scholarship

This article discusses Linton, a district court decision about a family limited liability company, indirect gifts, and the step transaction doctrine.

The Next Generation: Creating New Peace Processes In The Middle East, Carrie Menkel-Meadow, Irena Nutenko

Georgetown Law Faculty Publications and Other Works

This essay describes how Israeli students in a course on mediation and consensus building taught in an Israeli university law department by and American law professor and an Israeli instructor analyzed and studied the conflict in the Middle East. It describes the suggestions they made for process design for the next stages of whatever peace process might emerge for the region. In light of the students' suggestions, the authors present some ideas as to how different approaches to reconciliation and peace might be used, managed, and coordinated.

November 29, 2009: The Iranian Bomb, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Iranian Bomb“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ricci V. Destefano: End Of The Line Or Just Another Turn On The Disparate Impact Road?, Charles A. Sullivan

NULR Online

Reports of the death of Title VII’s disparate impact theory of discrimination in the wake of Ricci v. DeStefano may be exaggerated. Widely praised and widely criticized in the newspapers and the blogosphere, Ricci is the latest, but not the last, chapter in a long-running feud between Congress and the Supreme Court regarding disparate impact.

As the Supreme Court summarized the theory in International Brotherhood of Teamsters v. United States,disparate impact discrimination is the use of “employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than …

Health Care And The Un Disability Rights Convention, Michael Ashley Stein, Penelope J S Stein, Dorothy Weiss, Raymond Lang

Popular Media

No abstract provided.

Flipping The Bird, Timothy Zick

Popular Media

No abstract provided.

November 25, 2009: Happy Thanksgiving Everyone, Bruce Ledewitz

Hallowed Secularism

Blog post, “Happy Thanksgiving Everyone“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interview With Brett O’Brien By Diane Dewhirst, Brett O'Brien

George J. Mitchell Oral History Project

Biographical Note
Brett O’Brien was born on January 27, 1963, in Inglewood, California, to William and Rosalie O’Brien. He spent most of his youth in San Diego and attended Harvard, graduating in 1985. He worked for the American University in Cairo, Egypt, completed a master’s program at the London School of Economics, and then worked at the Congressional Research Service in foreign affairs and national defense. He worked for Congressman Jim Bates from San Diego, California, as a legislative assistant in foreign affairs. He began working for George Mitchell on the Democratic Policy Committee as a researcher and writer, which …

Vol. 60, No. 3, November 24, 2009, University Of Michigan Law School

Res Gestae

•Football Observations By The Unqualified •Letter to the Editor: LRAP •Justice At All Costs •The Fast and the Furious •This is Water •Ye Olde Issue Spotter •The Beer Guy •The Food Court •"Best" of LawOpen •Crossword •Kicking it Old School

Foreign Contacts And The First Amendment, Timothy Zick

Popular Media

No abstract provided.

November 23, 2009: A Serious Man, A Serious Movie, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Serious Man, A Serious Movie“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Vol. 37, No. 12 (November 23, 2009)

Indiana Law Annotated

No abstract provided.

Objecting In The Open: Why Occupy Wall Street Chose Public Spaces, Timothy Zick

Popular Media

No abstract provided.

November 21, 2009: The Young Don’T Read The Bible, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Young Don’t Read the Bible“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interview With Kermit Lipez By Mike Hastings, Kermit V. Lipez

George J. Mitchell Oral History Project

Biographical Note
Kermit Victor Lipez was born August 18, 1941, in Philadelphia, Pennsylvania, to Abraham Hyman Lipez and Beatrice (Mayerson) Lipez. He was graduated from Haverford College in 1963 and took his law degree from Yale Law School in 1967. In 1990, he obtained a master of laws degree from the University of Virginia School of Law. He began his legal career in the Civil Rights Division of the U.S. Dept. of Justice (1967-1968) before serving as special assistant and legal counsel to Maine Governor Ken Curtis (1968-1971). From 1971 to 1972, he served as a legislative aide to Senator …

Interview With Bob Rozen (2) By Diane Dewhirst, Robert 'Bob' M. Rozen

George J. Mitchell Oral History Project

Biographical Note
Robert Martin “Bob” Rozen was born on December 11, 1955, in Richmond, Kentucky, to Morris and Rosalyn (Eilenberg) Rozen. He majored in Soviet studies at Miami University (Ohio), graduating in 1977; he earned his law degree at George Washington University. He interned for Senator Wendell Ford as a legislative assistant for the Senate Finance Committee and then continued to work for him after law school. He also earned a master’s in tax law from Georgetown University. He worked on Senator Mitchell’s staff addressing tax, trade, and financial service issues.

Summary
Interview includes discussion: capital gains; Mitchell’s work to …

Fifth Avenue Freeze-Out, Timothy Zick

Popular Media

No abstract provided.

Interview With Brian Kilroy By Andrea L’Hommedieu, Brian J. Kilroy

George J. Mitchell Oral History Project

Biographical Note
Brian Joseph Kilroy was born on November 22, 1955, to Robert and Constance Ann (Greaney) Kilroy in Lewiston, Maine, and grew up in Delaware. He received his undergraduate degree from the University of Delaware and a master’s degree from the University of Maine. His father’s parents were Francis and Jane Kilroy, both from Portland. Francis Kilroy and George Mitchell, Sr. were brothers. Brian’s grandmother, Jane, served as a Democrat in the Maine legislature and on the Democratic National Committee.

Summary
Interview includes discussion of: Kilroy family background; George Mitchell’s father; Jane Kilroy’s career in Maine state legislature and …

Summary Of Fierle V. Perez, 125 Nev. Adv. Op. No. 36, Mark Hesiak

Nevada Supreme Court Summaries

2009-11-19

Rfk And The Jfk Assassination: Bobby Never Bought The Lone-Gunman Theory, Donald E. Wilkes Jr.

Popular Media

One of the myths propagated by defenders of the Warren Commission and the Warren Commission Report is the canard that President John F. Kennedy's brother Robert accepted the commission's conclusion, embodied in its Report, that JFK's assassination was committed by a lone gunman, Lee Harvey Oswald, and that there was no conspiracy behind the president's murder.

Golden Gate Law Takes First Place At Aba & Sftla Mock Trial Competitions

Press Releases

No abstract provided.

November 18, 2009: The Yale Press Decision Not To Publish The Cartoons Of Muhammad, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Yale Press Decision Not to Publish the Cartoons of Muhammad“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum

International & Comparative Law Colloquium Papers

Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality if its scope remains limited …