Law Commons^™

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Discusses the Supreme Court cases at the end of the 2002-2003 term.

Supreme Court Watch, Reginald Oh

Law Faculty Articles and Essays

Describes the U.S. Supreme Court's 2002-2003 term.

I Didn't Take The Road Less Traveled, And What A Long, Strange Trip It's Been, Brian A. Glassman

Law Faculty Articles and Essays

The author describes his career path and the ways he has sought to combine his interests in law and art. The article concludes with ten survival tips to help others on their career journeys.

Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker

Law Faculty Articles and Essays

This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …

Incremental Versus Fundamental Tax Reform And The Top One Percent, Deborah A. Geier

Law Faculty Articles and Essays

This article describes the historical shift from consumption taxation at the federal level to income taxation with the enactment of the 16th amendment (the intent of which was chiefly to tax the capital income of the wealthy) and the incremental shifts since then back toward consumption taxation (which frees capital from tax) through expansion of both the payroll taxes as well as the consumption tax features of our current hybrid income/consumption tax that target the middle class.

It then addresses the issue of whether we ought to expand consumption tax treatment to the very wealthy by reviewing two recently published …

Who Was William Marbury?, David F. Forte

Law Faculty Articles and Essays

Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.

Defining Feminism, Defining Feminisms, Reginald Oh

Law Faculty Articles and Essays

Oh argues that feminists urgently need to define Feminism and to construct feminist theories that validate and affirm the truth of women's lived experience, in all their multiplicity and diversity. Because feminist theories are forged through the diverse experiences of differently situated women, it is respectfully suggested that the title of this Chapter may and can be seen as the call to define Feminism and Feminism(s). Defining feminism(s) means, in spirit of the "I-Thou" relationship, being mindful and respectful that individual Feminists will define Feminism in alignment with the truth of their unique experience, in alignment with the truth of …

Access To Health Care: What A Difference Shades Of Color Make, Gwendolyn R. Majette

Law Faculty Articles and Essays

No abstract provided.

Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman

Law Faculty Articles and Essays

Do histories of psychiatry make a difference--or have legal implications--in the present? Does our current situation help explain what historians say about psychiatry's past? Focusing on the past half century--the era of medications-- this paper explores the reciprocal relationship between the present and the past in psychiatry. Part II sketches the medical developments that constitute the subjects of any history of psychiatry. This Part also examines related developments in law. Part III introduces some problems of psychiatric historiography and examines some historians' attempts to deal with them. Part IV analyzes the account of psychiatry's past contained in Edward Shorter's well-regarded …

Some Realism About Indigenism, Michael Henry Davis

Law Faculty Articles and Essays

The debate about creating so-called intellectual property (“IP”)--legal monopolies--over indigenous information (a product mostly of Third World countries) is habitually (almost stereotypically) characterized by qualifications that such monopolies really don't fit, and further qualifications that although they don't fit they are the best alternative. But underlying both sets of qualifications is often a confusion about what the real problem is. Because of a frequent failure to analyze closely the problem (and sometimes because of misinformation mixed with an unhealthy dose of romanticism), critics far too often jump to the legal monopoly solution to problems that ironically may be in large …

The True Story Of Marbury V. Madison, David F. Forte

Law Faculty Articles and Essays

Though normally not friends of original intent or legal tradition, today's judicial "activists" like to trace their lineage back to the (purported) original judicial activist, to the great Chief Justice who was the first to persuade the Supreme Court to strike down a law of Congress.

According to this conceit, which is now the standard interpretation enshrined in countless histories and hornbooks, Marbury v. Madison was the breakthrough that demonstrated how truly powerful the judiciary could be. In this famous case, decided 200 years ago, Marshall supposedly showed that the Constitution is an elastic document or at least could be …

Discovery Of Information And Documents From A Litigant's Former Employees: Synergy And Synthesis Of Civil Rules, Ethical Standards, Privilege Doctrines, And Common Law Principles, Susan J. Becker

Law Faculty Articles and Essays

The goal of this Article is to untangle some of the issues surrounding the recurring dilemmas posed by discovery of information held by former employees. Part II of this Article elucidates the competing interests of the litigators, their respective clients, the courts, and the potential witnesses when discovery is sought from former employees of a party. Part III provides a brief overview of the various legal authorities that govern an attorney's discovery of former employees and the synergy created by these sources. Part IV examines the potential pitfalls attorneys encounter when pursuing informal discovery of former employees of a party. …

Active Learning Benefits All Learning Styles: 10 Easy Ways To Improve Your Teaching, Barbara Tyler

Law Faculty Articles and Essays

Two things made me a better teacher: my blind student and my deaf student. I realized when forced to confront my deficiencies several years ago that I did not speak enough for the blind student's auditory needs, nor did I provide enough images for the deaf student's visual learning needs. I corrected those deficiencies. Yet, I was still dissatisfied with the extent of my students' retained knowledge when I assessed their learning through class questions, exercises, quizzes, and tests.Then I learned that I was a kinesthetic learner. I began to read about learning styles and found that my own impatience …

Book Review, W Dennis Keating

Law Faculty Articles and Essays

Reviewing L. Vale, Reclaiming Public Housing: A Half Century of Struggle in Three Public Neighborhoods, Harvard University Press (2002)