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Full-Text Articles in Law

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene Feb 2021

One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene

The Journal of Appellate Practice and Process

No abstract provided.


Arthur C. Y. Yao (1906-2004): A Pioneer Chinese Professor At St. Mary's University School Of Law, Robert H. Hu Jan 2020

Arthur C. Y. Yao (1906-2004): A Pioneer Chinese Professor At St. Mary's University School Of Law, Robert H. Hu

Faculty Articles

No abstract provided.


A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce Jan 2020

A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Thomas L. Shaffer


Thomas L. Shaffer: A Remembrance, Noel Augustyn Jan 2020

Thomas L. Shaffer: A Remembrance, Noel Augustyn

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Thomas L. Shaffer


Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson Jan 2020

Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Thomas L. Shaffer


Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr. Jan 2020

Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.

St. Mary's Journal on Legal Malpractice & Ethics

Tribute to Tom and Nancy Shaffer


The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick Jan 2020

The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick

Scholarly Works

In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.

Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding ...


Equality Is A Brokered Idea, Robert Tsai Jan 2020

Equality Is A Brokered Idea, Robert Tsai

Articles in Law Reviews & Other Academic Journals

This essay examines the Supreme Court's stunning decision in the census case, Department of Commerce v. New York. I characterize Chief Justice John Roberts' decision to side with the liberals as an example of pursuing the ends of equality by other means – this time, through the rule of reason. Although the appeal was limited in scope, the stakes for political and racial equality were sky high. In blocking the administration from adding a citizenship question to the 2020 Census, 5 members of the Court found the justification the administration gave to be a pretext. In this instance, that lie ...


The Myth Of The Country Lawyer, Judy Cornett Jan 2019

The Myth Of The Country Lawyer, Judy Cornett

UTK Law Faculty Publications

No abstract provided.


Emancipating The Passive Muse: A Call For A Feminist Approach To Writing Biographies On Historical Women, Ina C. Seethaler Jan 2018

Emancipating The Passive Muse: A Call For A Feminist Approach To Writing Biographies On Historical Women, Ina C. Seethaler

Journal of Feminist Scholarship

This essay analyzes two popular biographies on historical women to interrogate how a focus on gender has shaped the genre: Nancy Ruben Stuart’s The Muse of the Revolution: The Secret Pen of Mercy Otis Warren and the Founding of a Nation (2008) and Jung Chang’s Empress Dowager Cixi: The Concubine Who Launched Modern China (2013). I argue that biographers who perpetuate gender stereotypes miss a momentous opportunity during the current life writing boom in the United States to educate readers on women’s social, cultural, and political contributions worldwide. In proposing that feminist-informed biographies are more accurate, complete ...


The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld Jan 2016

The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld

Michigan Law Review First Impressions

Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of the last halfcentury. It is hardly surprising, then, that in the weeks since Justice Scalia’s death, the public discourse surrounding his legacy has exhibited something of a split personality. There have, of course, been plenty of appropriately respectful—even admiring—tributes from some of the Justice’s ideological adversaries; and here and there one of the Justice’s champions has acknowledged, with a hint of lament ...


Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan Jan 2016

Justice Scalia's Bottom-Up Approach To Shaping The Law, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

Justice Antonin Scalia is among the most famous Supreme Court Justices in history. He is known for his originalism and conservative positions, as well as his witty and acerbic legal opinions. One of the reasons Justice Scalia's opinions are so memorable is his effective use of rhetorical devices, which convey colorful images and understandable ideas. One might expect that such powerful opinions would be effective in shaping the law, but Justice Scalia's judicial philosophy was often too conservative to persuade a majority of his fellow Justices on the Supreme Court. Further, his regular criticisms of his Supreme Court ...


William Pincus: A Life In Service -- Government, Philanthropy & Legal Education, J.P. "Sandy" Ogilvy Mar 2015

William Pincus: A Life In Service -- Government, Philanthropy & Legal Education, J.P. "Sandy" Ogilvy

University of Massachusetts Law Review

This article memorializes the life and accomplishments of William “Bill” Pincus. The article brings the reader through Mr. Pincus’s career accomplishments, from his humble beginnings in New York City, to his impressive career in civil service, culminating in his work with the Ford Foundation and the Council on Legal Education for Professional Responsibility (CLEPR), where he spearheaded reforms in legal education. Mr. Pincus’s efforts were critical in establishing clinical legal education, drawing from his experiences both in law and government. Much of this article is derived from interviews of Mr. Pincus, conducted by the author, and provides an ...


Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel Feb 2015

Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel

David B Kopel

Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the ...


Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney Feb 2015

Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney

Dissertations, Theses, and Capstone Projects

This thesis is a screenplay for an imagined "biopic" of Mary Wollstonecraft. Wollstonecraft has already been the subject of many biographies, each presenting their authors' own understanding of her life. Here, I present my view, guided -- to varying and sometimes conflicting degrees -- by my understanding of her own fictionalized autobiographical efforts; by my understanding of Godwin's attempted work in his Memoir of the Author of the Vindication of the Rights of Woman; by the idea that her beliefs about virtue and freedom drove her forward through her own life; by the needs of narrative structure and the challenges and ...


Governmental Power Versus Individual Liberty, Vincent R. Johnson Jan 2015

Governmental Power Versus Individual Liberty, Vincent R. Johnson

Faculty Articles

Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty.

The public careers of Tom and Ramsey Clark were largely sequential, but ...


Camden Bibliography A Biography Of A Country Town, Ian C. Willis Jan 2015

Camden Bibliography A Biography Of A Country Town, Ian C. Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

The Camden Bibliography is an attempt to highlight some of the research that addresses the notion of Camden as a country town and the subsequent urbanisation of the Local Government Area. The sources listed in the bibliography cover the geographic area of the Camden district as defined by this author in his thesis, War and Community: The Red Cross in Camden, 1939-1945 (pp. 22-24) and the current Camden LGA. This area includes a number of villages to the west of Camden and the Burragorang Valley, which are all integral to the town's history and any interpretations drawn from it.


Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray Oct 2014

Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray

Dissertations, Theses, and Capstone Projects

Sophie Lyons was a nineteenth-century American pickpocket, blackmailer, con-woman, and bank robber. She was raised in New York City's underworld, by Jewish immigrant parents who were criminals that trained their children to pick pockets and shoplift. "Pretty Sophie" possessed a rare combination of skill at thievery, intellect, guts and beauty and became the woman Herbert Ashbury described in Gangs of New York as, "the most notorious confidence woman America has ever produced." Newspapers around the world chronicled Sophie's exploits for more than sixty years, because her life read like a novel. Her mentor was another forgotten woman who ...


Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll May 2014

Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll

Walter J. Kendall lll

Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the Wealth of Nations and an economic theorist. He is less well known as the author of a Theory of Moral Sentiments and an ethicist. And known almost not at all for his Lectures on Jurisprudence or as a legal theorist. This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, government, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality ...


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device . . . . In no ...


Memoirs, Thomas L. Shaffer Jan 2014

Memoirs, Thomas L. Shaffer

1971–1975: Thomas L. Shaffer

Table of Contents

Chapter 1 My Grandparents 1

Chapter 2 On the Goat Farm 32

Chapter 3 A Little Boy's War 41

Chapter 4 Back to the Mountains 49

Chapter 5 Shelledy School 61

Chapter 6 The Shop 66

Chapter 7 Printer's Devil 77

Chapter 8 Fruita Union High School 86

Chapter 9 My Year with the Monks 95

Chapter 10 U.S.A.F. 113

Chapter 11 Newfoundland 122

Chapter 12 The College 136

Chapter 13 Coming to Notre Dame 144

Chapter 14 Law School 158

Chapter 15 On the Track 165

Chapter 16 The Firm 173 ...


Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri Jan 2014

Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri

Faculty Scholarship at Penn Law

No abstract provided.


Justice Joseph T. Walsh: Teacher, Lawrence A. Hamermesh Dec 2013

Justice Joseph T. Walsh: Teacher, Lawrence A. Hamermesh

Lawrence A. Hamermesh

No abstract provided.


The Battle For The Soul Of International Shoe, Eric H. Schepard Aug 2013

The Battle For The Soul Of International Shoe, Eric H. Schepard

Eric H Schepard

In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested ...


Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman Jul 2013

Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman

Lawrence J. Trautman Sr.

Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Now over 36 years old, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond. Over the past thirty-six years NACD has grown from a mere realization of the importance of corporate governance to become the only national membership ...


The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson Jun 2013

The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson

marla j ferguson

The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right ...


Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons May 2013

Earl Warren, The Warren Court And Civil Liberties , Steven J. Simmons

Pepperdine Law Review

No abstract provided.


Judge Lawrence R. Lapolla, David J. Agatstein Apr 2013

Judge Lawrence R. Lapolla, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Cause Judging, Justin Hansford Mar 2013

Cause Judging, Justin Hansford

Justin Hansford

Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that ...


Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo Jan 2013

Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo

Faculty Books

Indice:
Capítulo 1. El estudio histórico-social de los juristas académicos: producción intelectual y papel político.
Capítulo 2. La independencia y la construcción inicial del estado (1800-1847).
Capítulo 3. Tiempos de disgregación y autoritarismo (1848-1958).
Capítulo 4. Institucionalización de la investigación y sus límites (1959-2012).
Capítulo 5. Conocimiento, política y revolución. - Apéndice: Mini biografías de los juristas académicos analizados.
Referencias.