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2008

Law and Politics

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Full-Text Articles in Law

Interview With Rich Arenberg By Brien Williams, Richard 'Rich' A. Arenberg Dec 2008

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 Dec 2008

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 Dec 2008

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 Dec 2008

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

All Faculty Scholarship

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 Nov 2008

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 Nov 2008

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 Nov 2008

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 Nov 2008

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 Tom Bertocci By Mike Hastings, Thomas 'Tom' A. Bertocci Nov 2008

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 …


Interview With Jeanne Hollingsworth By Mike Hastings, Jeanne Hollingsworth Nov 2008

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 …


Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz Nov 2008

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 …


Interview With Charlie Micoleau By Andrea L’Hommedieu, Charles 'Charlie' J. Micoleau Oct 2008

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 …


Resolving The Unexpected In Elections: Election Officials' Options, S. Candice Hoke, Matt Bishop, Mark Graff, David Jefferson, Sean Peisert Oct 2008

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 Sonny Miller By Mike Hastings, Sanford 'Sonny' Miller Oct 2008

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 John And Marcia Diamond By Mike Hastings, John N. Diamond, Marcia L. Diamond Oct 2008

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 …


Interview With Al And Ruth Joseph By Andrea L’Hommedieu, Alfred 'Al' Joseph, Ruth Ann Joseph Oct 2008

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 …


The Clear And Present Internet: Terrorism, Cyberspace, And The First Amendment, Peter Margulies Oct 2008

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

Law Faculty Scholarship

No abstract provided.


Insource The Shareholding Of Outsourced Employees: A Global Stock Ownership Plan, Robert C. Hockett Oct 2008

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 …


Is The Right To Vote Really Fundamental?, Joshua A. Douglas Oct 2008

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 …


Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash Oct 2008

Evaluating The Social Effects Of Environmental Leadership Programs, Jonathan C. Borck, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

In the past decade, EPA and over 20 states have created voluntary environmental leadership programs designed to recognize and reward businesses that take steps that go beyond compliance with the strictures of environmental law. Environmental leadership programs seek not only to spur direct improvements to environment quality but also to advance broader social goals that may lead indirectly to environmental improvements, such as improving business-government relationships and changing business culture. Measuring progress toward leadership programs’ social goals is a particularly challenging but essential task if researchers and decision makers are to understand the full impacts of these programs. In this …


Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster Oct 2008

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

UF Law Faculty Publications

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging or forcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can …


Interview With Marcia Gartley By Mike Hastings, Marcia Ann Gartley Sep 2008

Interview With Marcia Gartley By Mike Hastings, Marcia Ann Gartley

George J. Mitchell Oral History Project

Biographical Note
Marcia Ann (Bacha) Gartley was born on October 2, 1952, in Bradford, Pennsylvania. She grew up in Rixford, Pennsylvania, in the Appalachian Mountains, with her mother Mary, her father George, and three brothers. Her father worked in the Pennsylvania oil fields. She attended the University of Pittsburgh, majoring in political science. She moved to Maine in the 1970s and in 1987 began to work in Senator George Mitchell’s Presque Isle office as a case worker. She has remained active in Aroostook County Democratic politics, serving as city chair, county chair, and treasurer. She has also worked for Governor …


Interview With Floyd Harding By Mike Hastings, Floyd L. Harding Sep 2008

Interview With Floyd Harding By Mike Hastings, Floyd L. Harding

George J. Mitchell Oral History Project

Biographical Note
Floyd L. Harding was born on August, 26, 1923, in Albion, Maine. His father was a rural mail carrier and his family lived and ran a small family farm. He is one of twelve children (10 boys and 2 girls). He attended Bessey High School in Albion and Colby College. He served in the Army for three years, where he was taken prisoner-of-war. In 1949, he received his law degree from Boston University; he then moved to Presque Isle, Maine, and has practiced law there ever since. He worked for the Maine Potato Growers as assistant general counselor …


Interview With Patrick Hunt By Mike Hastings, Patrick E. Hunt Sep 2008

Interview With Patrick Hunt By Mike Hastings, Patrick E. Hunt

George J. Mitchell Oral History Project

Biographical Note
Patrick E. Hunt was born on August 19, 1946, in Bangor, Maine, and grew up in Island Falls with his parents, Theodore E. Hunt and Margaret I. Doherty, and his three sisters. Theodore attended Husson College, and operated a restaurant in Island Falls until the 1960s, when he became the village postmaster; Margaret was from Boston, a graduate of Charlestown High School, and of Irish descent from Clonmany County, Donegal. Patrick attended Ricker College, entered the Army in 1968, and served in Korea; he completed his degree in economics at Ricker in 1971. Subsequently, he joined the Drug …


Interview With Arnold Roach By Mike Hastings, G. Arnold Roach Sep 2008

Interview With Arnold Roach By Mike Hastings, G. Arnold Roach

George J. Mitchell Oral History Project

Biographical Note
George “Arnold” Roach was born in Rockland, Maine, on July 28th, 1929, to Nora Nelson Roach and Herbert Ezio Roach. He grew up in Houlton and summered in Rockland. His father, Herbert Roach, was a potato farmer, buyer, and machinery dealer. Arnold attended the University of Maine and in 1951 joined the National Guard. While farming potatoes in Aroostook County, he served on the National Potato Promotion Board as board president and acted as an adviser to Mitchell on Maine’s agricultural issues. He was a part of the Clinton-Gore transition team for the Department of Agriculture and worked …


Interview With Janet Dennis By Andrea L’Hommedieu, Janet M. Dennis Sep 2008

Interview With Janet Dennis By Andrea L’Hommedieu, Janet M. Dennis

George J. Mitchell Oral History Project

Biographical Note
Janet Mary Dennis was born on September 5, 1945, in Pittsburgh, Pennsylvania, to Clemenza Rowlandson Sullivan and William Aloysius Sullivan. Her father was a postal inspector and her mother was a parochial schoolteacher. Janet grew up in Waterville, Maine, and was the youngest of five children. She attended Thomas College. In May of 1965, she spent a year as Senator Muskie’s secretary in Washington, D.C., and then became the office manager in Muskie’s Waterville and Augusta state Senate offices. She also did work for the Senate Public Works Committee on the Subcommittee on Air and Water Pollution under …


Interview With George Mitchell (2) By Andrea L’Hommedieu And Mike Hastings, George J. Mitchell Sep 2008

Interview With George Mitchell (2) By Andrea L’Hommedieu And Mike Hastings, George J. Mitchell

George J. Mitchell Oral History Project

Biographical Note
George J. Mitchell was born on August 20, 1933, in Waterville, Maine, to Mary Saad, a factory worker, and George Mitchell, a laborer. Senator Mitchell spent his youth in Waterville. After receiving his bachelor's degree from Bowdoin College in 1954, he served as an officer in the U.S. Army Counter Intelligence Corps until 1956. In 1960 he earned a law degree from Georgetown University. Mitchell worked for Senator Edmund S. Muskie as executive assistant and as deputy campaign manager during Muskie's 1972 presidential campaign. He later became U.S. senator (D-Maine) 1980-1995, Senate majority leader 1989-1995, and, upon his …


Interview With Mary And Harold Friedman By Andrea L’Hommedieu, Mary Mitchell Friedman, Harold J. Friedman Sep 2008

Interview With Mary And Harold Friedman By Andrea L’Hommedieu, Mary Mitchell Friedman, Harold J. Friedman

George J. Mitchell Oral History Project

Biographical Note
Mary (Mitchell) Friedman was born on September 30, 1957, in Waterville, Maine, one of seven siblings and niece to George Mitchell. Her father, Robert “Robbie” Mitchell, worked for the FDIC, and her mother, Janet (Fraser) Mitchell, was an elementary school teacher. Mary grew up in Waterville, attending St. Joseph’s school, Waterville Junior High School, Waterville High School, and then she continued on to Colby College. She earned her law degree from the University of Maine School of Law and practiced law for approximately fifteen years. She spent three years in Washington, D.C. as a trial lawyer for the …


Interview With Severin Beliveau By Mike Hastings, Severin Beliveau Sep 2008

Interview With Severin Beliveau By Mike Hastings, Severin Beliveau

George J. Mitchell Oral History Project

Biographical Note
Severin Beliveau was born in Rumford, Maine, on March 15, 1938. He grew up in Rumford, where the largest industry was the paper mill. When he was sixteen he left home for St. John’s Preparatory School in Danvers, Massachusetts before attending Georgetown University, graduating in 1961. From 1961 to 1964 he studied law at Georgetown. He has been a lifelong Democrat, succeeded George J. Mitchell as chairman of the Maine Democratic Party in the late 1960s, and served on the National Committee. He helped found and served in the Democratic State Chairs Association. He was present at the …


Interview With Mert Henry By Andrea L’Hommedieu, Merton 'Mert' G. Henry Sep 2008

Interview With Mert Henry By Andrea L’Hommedieu, Merton 'Mert' G. Henry

George J. Mitchell Oral History Project

Biographical Note
Merton G. “Mert” Henry was born on February 4, 1926, in Hampden, Maine. He lived there with his parents and helped out at his grandfather’s general store while growing up. He moved to South Portland just before starting high school. He deferred attending Bowdoin College until 1946 in order to serve in the Army, which sent him to the Philippines. He majored in history at Bowdoin and was graduated in the class of 1950. He also earned a law degree from Georgetown Law while working on a military history project at the Pentagon during the Korean War. A …