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Full-Text Articles in Law

Al Hill: A Grandmaster Has Passed, Henry Paul Monaghan Jan 2017

Al Hill: A Grandmaster Has Passed, Henry Paul Monaghan

Faculty Scholarship

Al Hill died on December 5, 2015 at the age of 98, outlasting most of his contemporaries. Al had taken senior status when I came to Columbia Law School, and I succeeded him in the course on federal courts. The little I saw of Al left me with the firm impression of a warm, gentle, affable, caring human being. I did, however, know Al’s work quite thoroughly. And while a memorial is no occasion for an extended review of Al’s long and distinguished academic career, I would like to draw attention to a particularly shining period: Al’s ...


Tribute To Arthur Murphy, Michael I. Sovern Jan 2017

Tribute To Arthur Murphy, Michael I. Sovern

Faculty Scholarship

Students remember Arthur Murphy as a warm, caring teacher with a great sense of humor, a man who helped them learn and grow. Our colleagues admired and respected his scholarship and his commitment to our school. While I shared all of that, to me, most importantly, Arthur was an empathetic friend for more than half a century. And this despite the fact that he had two strikes against him – he was a Harvard graduate and a Boston Red Sox fan.

Arthur was a member of what Tom Brokaw called “The Greatest Generation.” After fighting in World War II, he enrolled ...


The Power To Wage War Successfully, Matthew C. Waxman Jan 2017

The Power To Wage War Successfully, Matthew C. Waxman

Faculty Scholarship

A century ago and in the midst of American involvement in World War I, future Chief Justice Charles Evans Hughes delivered one of the most influential lectures on the Constitution in wartime. In it he uttered his famous axiom that “the power to wage war is the power to wage war successfully.” That statement continues to echo in modern jurisprudence, though the background and details of the lecture have not previously been explored in detail. Drawing on Hughes’s own research notes, this Article examines his 1917 formulation and shows how Hughes presciently applied it to the most pressing war ...


Understanding Recent Spikes And Longer Trends In American Murders, Jeffery Fagan, Daniel Richman Jan 2017

Understanding Recent Spikes And Longer Trends In American Murders, Jeffery Fagan, Daniel Richman

Faculty Scholarship

On September 7, 2016, four of the nation’s newspapers of record weighed in on the connected crises in crime and policing. The New York Times revealed the tensions between the Mayor’s office in Chicago and several community and professional groups over a plan to overhaul Chicago’s police disciplinary board – a plan developed in the wake of the shooting of an unarmed teenager, Laquan McDonald, and the release of a video of that killing. The Wall Street Journal related a vigorous defense of New York City’s “broken windows” policing strategy – a strategy that has been a recurring ...


Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman Jan 2017

Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman

Faculty Scholarship

In celebrating the monumental accomplishments of the new form of public law litigation that Constance Baker Motley and her colleagues pioneered, this Essay reinterprets their paradigm-shifting body of work in a manner that obliges the current generation of civil rights advocates to change direction. In the hopes of reengaging the affirmative force of constitutional litigation after decades in which it has waned, this Essay argues that the central lesson to be derived from Motley’s generation lies not in the mode of public law litigation it pioneered but in the design of that litigation in the image of the dominant ...


Tribute To Arthur Murphy, Peter L. Strauss Jan 2017

Tribute To Arthur Murphy, Peter L. Strauss

Faculty Scholarship

Columbia Law School’s postwar class of 1948, perhaps more than any other, has brought remarkable distinction to both the school and the law. Marvin Frankel, Jack Greenberg, Jack Kernochan, Arthur Murphy, and Jack Weinberg have all both taught here and acted with enormous distinction an d success in the outside world of law – a grouping not so often to be found in the legal academy these days. Arthur Murphy, whom we celebrate here, moved between these worlds with ease: first as an associate at Columbia in 1949; then years in private practice and with the Department of Justice; then ...


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 had ...


Equality Law Pluralism, Olatunde C.A. Johnson Jan 2017

Equality Law Pluralism, Olatunde C.A. Johnson

Faculty Scholarship

This contribution to the Constance Baker Motley Symposium examines the future of civil rights reform at a time in which longstanding limitations of the antidiscrimination law framework, as well as newer pressures such as the rise of economic populism, are placing stress on the traditional antidiscrimination project. This Essay explores the openings that nevertheless remain in public law for confronting persistent forms of exclusion and makes the case for greater pluralism in equality law frameworks. In particular, this Essay examines innovations that widen the range of regulatory levers for promoting inclusion, such as competitive grants, tax incentives, contests for labor ...


In Memoriam: Judge Miriam Goldman Cedarbaum, Gerard E. Lynch Jan 2017

In Memoriam: Judge Miriam Goldman Cedarbaum, Gerard E. Lynch

Faculty Scholarship

No abstract provided.


Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric L. Talley Jan 2017

Contracting Out Of The Fiduciary Duty Of Loyalty: An Empirical Analysis Of Corporate Opportunity Waivers, Gabriel Rauterberg, Eric L. Talley

Faculty Scholarship

For centuries, the duty of loyalty has been the hallowed centerpiece of fiduciary obligation, widely considered one of the few “mandatory” rules of corporate law. That view, however, is no longer true. Beginning in 2000, Delaware dramatically departed from tradition by granting incorporated entities a statutory right to waive a crucial part of the duty of loyalty: the corporate opportunities doctrine. Other states have since followed Delaware’s lead, similarly permitting firms to execute “corporate opportunity waivers.” Surprisingly, more than fifteen years into this reform experiment, no study has attempted to either systematically measure the corporate response to these reforms ...