Law Commons^™

Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg

George J. Mitchell Oral History Project

Biographical Note
Richard A. “Rich” Arenberg, the son of Bernard and Mary Arenberg, was born on October 16, 1945, in Norwich Connecticut. He was a campus activist during his undergraduate years at Boston University, and worked on some local campaigns, including the campaign of Tom Atkins, the first African American city councilor in Boston. He received a Ph.D. in political science also from Boston University and has a background in survey research. He worked as the issues director for Paul Tsongas’s first congressional campaign in Massachusetts and continued on Tsongas’s congressional and Senate staff until Tsongas retired from the Senate …

Interview With Steve Hart By Brien Williams, W. 'Steve' Stephen Hart

George J. Mitchell Oral History Project

Biographical Note
Walter Stephen Hart was born January 17, 1955, in Washington, DC, to Peter William Hart and Mary Jane Strauss Hart; his parents were librarians. He attended Arizona State University, where he earned a degree in mass communications. He worked at a radio station in New Hampshire and covered the 1980 presidential primaries. He returned to school at Ball State, graduating with a degree in journalism and a minor in public relations, after which he moved to Maine, where his wife was working. He worked for Maine congressional candidate Phil Merrill in the 1982 primary, and after Merrill lost …

Interview With Lee Lockwood By Brien Williams, Lee E. Lockwood

George J. Mitchell Oral History Project

Biographical Note
Lee Enfield Lockwood was born February 17, 1946, in Cumberland, Maryland, to Sarah and Sam Enfield. She grew up in Houston, Texas, attending a local public elementary school and a private high school. She was graduated from Duke University in 1968 with a major in political science. She moved to Washington, DC, and was hired onto Senator Muskie’s staff. She worked for Muskie from 1969 to 1978, first sorting and reading the mail and eventually handling speech writing and legislation. She worked for Senator Mitchell when he was majority leader, handling correspondence in his Senate office from 1989-1993. …

Government Clubs: Theory And Evidence From Voluntary Environmental Programs, Cary Coglianese, Jennifer Nash

Faculty Scholarship at Penn Carey Law

The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by offering various forms of recognition and rewards, including relief from otherwise applicable environmental regulations. Despite EPA's emphasis on voluntary programs,relatively few businesses have availed themselves of these programs -- and paradoxically, the programs that offer the most significant regulatory benefits tend to have the fewest members. We explain this paradox by focusing on (a) how programs'membership screening corresponds with membership …

Interview With Joan Pedersen By Andrea L’Hommedieu, Joan S. Pedersen

George J. Mitchell Oral History Project

Biographical Note
Joan (Speed) Pedersen was born on February 11, 1940, in Boston, Massachusetts. Her mother was a legal secretary for an attorney’s office and her father worked in distribution for Firestone Tire. She grew up in West Roxbury, a heavily Irish Catholic part of Boston. She married and moved to Cape Cod, and later to Maine. From 1982-1984, she worked in Senator Mitchell’s field office in Lewiston, Maine, serving constituents. She later worked for Senator William S. Cohen and Representative John E. Baldacci.

Summary
Interview includes discussion of: growing up in Boston in the 1940s and 1950s; work as …

Interview With Christine Williams By Brien Williams, Christine G. Williams

George J. Mitchell Oral History Project

Biographical Note
Christine G. Williams was born January 20, 1952, in Boston, Massachusetts, to Adelaide and Donald Williams, a Methodist minister. She earned a degree in history from Boston University. As a VISTA volunteer she taught on the Rosebud reservation in South Dakota before returning to New England to teach at Brunswick High School in Brunswick, Maine, for the 1975-1976 school year. Subsequently, after teaching in New Hampshire for four years, she was hired by George Mitchell’s U.S. Senate office in 1982 and worked there until 1994, focusing on health care issues in the latter years. She later went to …

Interview With Charlie Jacobs By Andrea L’Hommedieu, Charles 'Charlie' Jacobs

George J. Mitchell Oral History Project

Biographical Note
Charles “Charlie” Jacobs was born on May 10, 1948, in St. Stephen, New Brunswick. His parents, Isabelle and Stephen Jacobs, were both teachers. He lived mainly in Buxton, Maine, until the age of ten, when his family moved to Bethel. He attended Gould Academy and the University of Maine, Orono, graduating in 1971. At Orono, Jacobs became politically active, joining the student government and supporting Eugene McCarthy’s presidential bid in 1968. After graduation, he worked for Governor Ken Curtis, serving on the Governor’s Council until it was abolished in 1976. He then worked on Senator Muskie’s 1976 Senate …

Interview With Leon Billings By Brien Williams, Leon G. Billings

George J. Mitchell Oral History Project

Biographical Note
Leon Billings was born in Helena, Montana, on November 19, 1937. His parents, Harry and Gretchen Billings, were progressive journalists. He was graduated from high school in Helena, Montana, in 1955 and then attended Reed College for one year in Portland, Oregon. He completed his undergraduate studies and took graduate courses toward an M.A. at the University of Montana. Billings worked as a reporter and organizer for farm groups in Montana and California. He met his first wife, Pat, in California; they married in Montana and moved to Washington, D.C., on January 4, 1963. While in Washington, Billings …

Interview With Jeanne Hollingsworth By Mike Hastings, Jeanne Hollingsworth

George J. Mitchell Oral History Project

Biographical Note
Jeanne Hollingsworth was born in McCook, Nebraska, on September 18, 1948, to Barbara (Davis) and John Robert Hollingsworth. She spent her early years in Holbrook, Nebraska, on her father’s cattle ranch with five siblings. The family moved to Kearney, Nebraska, when she was twelve, and from there they moved to Kitchener-Waterloo, Canada, where Jeanne attended high school and her father was in the furniture business. She attended North Georgia Military College for two years and became interested in politics because of the Vietnam War and the peace movement. She traveled for some years between Maine and Georgia, finally …

Interview With Tom Bertocci By Mike Hastings, Thomas 'Tom' A. Bertocci

George J. Mitchell Oral History Project

Biographical Note
Tom Bertocci was born in Lewiston, Maine, on February 17, 1945. His father was Salvatore Theodore “Ted” Bertocci, the son of Italian immigrants who came to the United States in 1912. Two of Tom’s uncles became professors at Bates College, where they met Ed Muskie. Tom’s father worked at Bath Iron Works, and met Tom’s mother, Margaret True Allen of Auburn, Maine, through his brothers. Tom was graduated from Morse High School and Wesleyan University. He became involved with the Chewonki Foundation during his college years, when he worked there as a camp counselor. He taught history at …

A Swing State Voter’S Epiphany, Erin Ryan

Erin Ryan

This op-ed forecasts redemption for the fractured American electorate based on deep election-day kindnesses in politically divided southeastern Virginia.

Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz

Cornell Law Faculty Publications

Do members of the House of Representatives have a constitutional right to resign their seats? This Article uses that question as a window onto broader issues about the relationship between legislators and citizens and the respective roles of liberalism and republicanism in the American constitutional order. The Constitution explicitly provides for the resignation of senators, presidents, and vice presidents, but, curiously, it does not say anything about resigning from the House of Representatives. Should we allow the expressio unius interpretive canon to govern and conclude that the inclusion of some resignation provisions implies the impermissibility of resignation when there is …

Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison

Human Rights & Human Welfare

The United States ' election in 2004 was based on a number of foreign policy myths. Three of the most obvious were:

• The war in Iraq was necessary as a response to the threat of international terrorism. As a result, the world is now a safer place;
• The institutions of the UN are corrupt and do nothing but restrict American power;
• Al Qaeda and international terrorism more generally are extremely significant threats to American national security

Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele

Human Rights & Human Welfare

There has been a vivid tendency this year by the conventional keepers of Washington wisdom to explicate the two presidential candidates' foreign policy views using old frameworks of "hawk" and "dove." Not only is this binary wrong, it fundamentally obscures some rather ironic potentials for how each candidate, if elected president, will focus upon human rights in their foreign policy. McCain's neoconservative view of the world is founded upon the Wilsonian call for democratization-culminating in what he terms a "League of Democracies." To use a concept that Arnold Wolfers first coined, and one which Joshua Muravchik has proffered as well, …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Foreign Policy Myths Debunked." The Nation. October 6, 2008.

Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher

University of Richmond Law Review

The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law.

America As An Ordinary Nation, William F. Felice

Human Rights & Human Welfare

For decades, scholars of international relations have called attention to the limits of American power. For example, in 1976 Cornel University Press published America as an Ordinary Country: U.S. Foreign Policy and the Future , edited by Richard Rosecrance. As the title indicates, Rosecrance's book analyzed the impact of the economic, military, and foreign policy setbacks of the 1970s on U.S. power. Suddenly the U.S. seemed less the powerful, "indispensible" leader and more the vulnerable, "ordinary" country unable to control external forces lashing the society's economy and foreign policy. These insights led many scholars to call for a reassessment of …

Speak Softly...With Everyone You Can, Todd Landman

Human Rights & Human Welfare

From the Monroe Doctrine to the Bush Doctrine, United States foreign policy has been predicated on the assumption that somehow it knows what is best for the rest of the world. Monroe feared a potential encroachment from Russia and meddling in the "American" Hemisphere by the European powers and issued what originally appeared as a modest statement about resistance to intervention by any other country than the United States . Ironically enforced by the British Navy at that time, the Monroe Doctrine went far beyond its modest beginnings to set a precedent for the development of U.S. foreign policy. The …

Reconsidering Virginia Judicial Selection, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Marshall V. Northern Virginia Transportation Authority: The Supreme Court Of Virginia Rules That Taxes Can Be Imposed By Elected Bodies Only, Patrick M. Mcsweeney, Wesley G. Russell Jr.

University of Richmond Law Review

No abstract provided.

Common Law, Property And Federalism, Andrew Morriss

Andrew P. Morriss

No abstract provided.

Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert

Law Faculty Reports and Comments

This paper seeks to assist election officials and their lawyers in effectively handling the technical issues that can be difficult to understand and analyze, allowing them to protect themselves and the public interest from unfair accusations, inaccuracies in results, and conspiracy theories. The paper helps to empower officials to recognize which types of voting system events and indicators need a more structured analysis and what steps to take to set up the evaluations (or forensic assessments) using computer experts.

Interview With Charlie Micoleau By Andrea L’Hommedieu, Charles 'Charlie' J. Micoleau

George J. Mitchell Oral History Project

Biographical Note
Charles J. “Charlie” Micoleau was born on February 2, 1942, in Englewood, New Jersey. He attended Bowdoin College, graduating in 1963. He earned a master’s degree in international relations at Johns Hopkins University in 1965 and received his J.D. from George Washington University in 1977. Micoleau worked in Maine for an anti-poverty program in 1965, and eventually worked his way into the Maine Democratic Party ranks. He was a scheduler for Senator Muskie’s 1970 campaign and was his administrative assistant from 1975 to 1977. From 1984 through 1992, he was a member of the Democratic National Committee. At …

Interview With Sonny Miller By Mike Hastings, Sanford 'Sonny' Miller

George J. Mitchell Oral History Project

Biographical Note
Sanford “Sonny” Miller was born in Bangor, Maine, on January 18, 1927, to Myer and Rena Miller. He grew up in Bangor and completed a commercial course of study at Bangor High School, graduating in 1944. He enlisted in the Navy V-6 program at the age of seventeen and served in the Pacific theater of World War II, working as a storekeeper in the Philippines. He was discharged in 1946 and spent a year studying at Bentley University in Boston, and he was a bookkeeper for Hammond Motors for two years. He worked in the jukebox and pinball …

Interview With Al And Ruth Joseph By Andrea L’Hommedieu, Alfred 'Al' Joseph, Ruth Ann Joseph

George J. Mitchell Oral History Project

Biographical Note
Alfred “Al” Joseph was born on March 23, 1933, in Waterville, Maine, where he grew up and attended Colby College. He worked his way through college, paying the $500 tuition by working at the municipal pool during the summer and teaching swimming at the Boys Club during the school year. He and Ruth married while he was still in college, and their first child was born right before Al’s graduation. After college, he went into the military for two years and took a job at Hathaway Shirt, where he worked for thirty-seven years. He served as the chair …

Interview With John And Marcia Diamond By Mike Hastings, John N. Diamond, Marcia L. Diamond

George J. Mitchell Oral History Project

Biographical Note
John Nathan Diamond was born on November 12, 1954, in Bangor, Maine. His father, Nathan Diamond, was a musician and a teacher, and his mother, Eleanor Diamond, was active in the community and in local politics. John followed politics with his parents, who were registered Republicans until 1978 when they changed their party affiliation and became Democrats. As a teenager, John volunteered for Elmer Violette and Bill Hathaway in 1972. After graduating from Bangor High School, he attended the University of Maine, graduating in 1977. He became involved in the Carter and Muskie campaigns of 1976. He worked …

Reporting On Palin: Negotiations In Political Theater, Erin Ryan

Erin Ryan

Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett

Cornell Law Faculty Publications

With the American economy stalled and another federal election campaign season well underway, the “outsourcing” of American jobs is again on the public agenda. Latest figures indicate not only that claims for joblessness benefits are up, but also that the rate of American job-exportation has more than doubled since the last electoral cycle. This year’s political candidates have been quick to take note. In consequence, more than at any time since the early 1990s, continued American participation in the World Trade Organization, in the North American Free Trade Agreement, and in the processes of global economic integration more generally appear …

The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Is The Right To Vote Really Fundamental?, Joshua A. Douglas

Law Faculty Scholarly Articles

This Article poses a question at the core of our democracy: Is the constitutional right to vote a fundamental right? The answer, surprisingly, is “not always.”

For over forty years, the Supreme Court has fostered confusion surrounding the right to vote by creating two lines of election law cases. In one breath the Court calls the right to vote fundamental and applies strict scrutiny review. In another, the Court fails to recognize the right as fundamental and uses a lower level of scrutiny. These two lines of cases have coexisted, leaving lower courts and litigants with little guidance on how …