Law Commons^™

Anti-Asian American Racism, Covid-19, Racism Contested, Humor, And Empathy, Peter H. Huang

FIU Law Review

This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article critiques respectability politics for being an ineffective response to racism. This Article proposes how to utilize humor to engage non-violent racism. This Article studies how to achieve DEI (Diversity, Equity, and Inclusion) by Empathy Through Personal Perspective Pivoting (ETPPP).

The Law On Christmas, Daniel A. Crane

Other Publications

As every jurist knows, there is a vast body of law about Christmas. For instance, every municipal bureaucrat knows that it’s quite alright to display the Holy Child en crèche so long as He’s adequately trivialized by “Santa’s sleigh; a live 40–foot Christmas tree strung with lights; statues of carolers in old-fashioned dress; candy-striped poles; a ‘talking’ wishing well; a large banner proclaiming ‘SEASONS GREETINGS’; a miniature ‘village’ with several houses and a church; and various ‘cut-out’ figures, including those of a clown, a dancing elephant, a robot, and a teddy bear.” There are cases about dangerous Christmas ornaments, whether …

Law Library Blog (May 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

May It Please The Court–Or Not: Appellate Judges' Preferences And Pet Peeves About Oral Argument, Margaret D. Mcgaughey

The Journal of Appellate Practice and Process

No abstract provided.

Non-Indian Reservations, Joshua Matthew Rosenau

Graduate Student Theses, Dissertations, & Professional Papers

This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.

Dumping: On Law Reviews, James Boyle

Faculty Scholarship

No abstract provided.

Law School News: Mike Andrews '97 Nominated To U.S. Court Of Federal Claims 12-15-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

The Problem Of Modern Monetization Of Memes: How Copyright Law Can Give Protection To Meme Creators, Mark Marciszewski

Pace Intellectual Property, Sports & Entertainment Law Forum

Some legal questions answered in this article on the horizon for the courts and lawyers is how should courts apply copyright law to popular media made by small scale creators and shared on the internet, otherwise known as "memes."

Part II of this article will focus on validity of potential copyright protection in internet memes. It will start by describing the increased monetization surrounding memes and how this monetization calls for greater interest for meme creators to protect their work. It will then describe the merits of individual copyright interests in internet memes.

Part III of this article will focus …

The Ethics Of Humor: Can't You Take A Joke?, Steve Gimbel

The International Journal of Ethical Leadership

No abstract provided.

Taking Laughter Seriously At The Supreme Court, Matthew Sag

Faculty Publications & Other Works

Laughter in Supreme Court oral arguments has been misunderstood, treated as either a lighthearted distraction from the Court's serious work, or interpreted as an equalizing force in an otherwise hierarchical environment. Examining the more than nine thousand instances of laughter witnessed at the Court since 1955, this Article shows that the Justices of the Supreme Court use courtroom humor as a tool of advocacy and a signal of their power and status. As the Justices have taken on a greater advocacy role in the modern era, they have also provoked more laughter. The performative nature of courtroom humor is apparent …

A Compendium Of Clever And Amusing Law Review Writings -- An Idiosyncratic Bibliography Of Miscellany With In Kind Annotations Intended As A Humorous Diversion For The Gentle Reader, Thomas E. Baker

Thomas E. Baker

The world of the American law review resembles Middle Earth for all its strange inhabitants, secret rituals, and foreboding folklore. The depth and breadth of law review literature defies facile characterization, but it can be stated without fear of contradiction that the truly clever or amusing law review article is the quintessential rara avis. Law review articles - and the people who write them and the people who read them - are serious to a fault. Indeed, whenever a judge, a lawyer, a law professor, or a law student writes something truly funny he or she runs the risk of …

Humor In Judicial Opinions, Steve Probst

Steven Probst

No abstract provided.

Cite Me, Maybe?, Alexander Volokh

Alexander Volokh

The hidden Harvard Law Review roots of Carly Rae Jepsen's "Call Me, Maybe"

Scorn, Richard Delgado, Jean Stefancic

Richard Delgado

No abstract provided.

Interview With Jane O’Connor By Brien Williams, Jane F. O'Connor

George J. Mitchell Oral History Project

Biographical Note
Jane Frances O’Connor was born on March 13, 1960, in Augusta, Maine. She was one of twelve children born to Barbara Louise (Murray) and Dr. Francis J. O’Connor, both from Dorchester, Massachusetts. Her father was head of radiology at Augusta General Hospital; her mother was an artist and musician who stayed at home while her children were young. After growing up in Augusta in a nonpolitical family, Jane attended the University of Southern Maine and, later, Trinity College in Washington, DC. In the summer of 1980, she became an intern for Beverly Bustin-Hatheway, accompanying her around the state …

Interview With Walter Corey By Andrea L’Hommedieu, Walter E. Corey Iii

George J. Mitchell Oral History Project

Biographical Note
Walter Ellsworth Corey III was born June 19, 1941, in White Plains, New York, to Walter E., Jr. and Theresa (Stallone) Corey and grew up mainly on Staten Island. His father was an insurance executive with Metropolitan Life and his mother was a homemaker. They divided their time between New York and Ogunquit, Maine. He attended Yale Law School, then moved to Maine to join the Portland law firm Bernstein Shur; he left the firm to serve in the Ken Curtis administration as Maine’s first federal coordinator. He was active in several of Mitchell’s campaigns, for governor and …

Interview With Kelly Currie By Brien Williams, Kelly T. Currie

George J. Mitchell Oral History Project

Biographical Note
Kelly T. Currie was born on September 11, 1963, in Lewistown, Montana, to Edmund and Bette Currie, and grew up in Farmington, Maine. His father was a professor at the University of Maine, Farmington and his mother was a nurse. He attended the University of Virginia and was graduated in 1986, serving a summer internship with Senator Mitchell’s office between his junior and senior year. In the fall of 1986, he worked on Jim Tierney’s Maine gubernatorial campaign. He joined Senator Mitchell’s Senate staff full-time in January of 1987 as a legislative correspondent dealing with finance, defense, and …

Interview With Paul Brountas (2) By Andrea L’Hommedieu, Paul P. Brountas

George J. Mitchell Oral History Project

Biographical Note
Paul Peter Brountas was born on March 19, 1932, in Bangor, Maine. He and George Mitchell were classmates at Bowdoin College, where he was graduated with a bachelor’s degree in 1954; he took bachelor’s and master’s degrees from the University of Oxford in 1956 and his law degree from Harvard Law School in 1960. That same year, he joined Hale and Dorr, the predecessor of WilmerHale. He became a partner in 1968 and served as senior counsel to the firm from 2003 until his retirement in 2005. In 1987 and 1988, he served as national chairman of the …

Interview With Sandy Maisel By Mike Hastings, L. Sandy Maisel

George J. Mitchell Oral History Project

Biographical Note
Louis "Sandy" Maisel was born on October 25, 1945, in Buffalo, New York. He attended Harvard, where he became involved with various campus and political organizations, and Columbia University, where he earned his Ph.D. in political science. In 1971 he settled in Maine, working on Bill Hathaway’s campaign for Senate, teaching at Colby College, and volunteering for Maine Democrats, including George Mitchell. In 1977, Maisel was the research director for the House Commission on Administrative Review. In 1978, he ran unsuccessfully in the congressional primary in Maine. At the time of this interview he was professor of government …

Interview With Frank Wood By Andrea L’Hommedieu, Frank P. Wood

George J. Mitchell Oral History Project

Biographical Note
Frank P. Wood was born in 1949 in Sanford, Maine. His father was Lawrence Wood, a farm machinery salesman, and his mother was Arlene Wood, a secretary and college administrator. He became interested in politics at an early age, working on campaigns throughout the 1960s, 1970s and 1980s. He served in the Maine legislature from 1977 to 1985, serving on the Taxation and Agriculture committees.

Summary
Interview includes discussion of: meeting Mitchell while Wood was in college at USM; Mitchell and Ken Curtis; working with Larry Benoit on campaigns; Mitchell and Emery in 1982; the tide turning in …

Interview With Heather Mitchell (1) By Brien Williams, Heather M. Mitchell

George J. Mitchell Oral History Project

Biographical Note
Heather McLachlan Mitchell was born and raised in Montreal, Canada, and lived in Paris, France, for fifteen years. She was assistant to the executive director of the Association of Tennis Professionals and subsequently represented professional male tennis players. She relocated from Paris to New York and in 1993 met George Mitchell at the U.S. Open. The two were married in 1994. She later worked independently coordinating tennis events. Once their children started school, she began working as a literary agent at Gelfman Schneider.

Summary
Interview includes discussion of: Heather Mitchell’s career representing professional tennis players; meeting George Mitchell …

Book Review: Bob Rains, True Tales Of Trying Times: Legal Fables For Today (2008), Erik M. Jensen

Nevada Law Journal

In this jewel of a book, Rains presents a collection of fifty-two fabulous "legal fables," each describing real judicial decisions from the last four or five years- in that respect, not fables at all. Unlike the typical law review article, his book actually deals with the law. And Rains's poetic commentary accompanies all the fables. Like much of Rains's work, the book has both rhyme and reason.

Interview With Alan Simpson By Brien Williams, Alan K. Simpson

George J. Mitchell Oral History Project

Biographical Note
Alan K. Simpson was born September 2, 1931. He attended Cody, Wyoming, public schools and the University of Wyoming, taking a B.S. degree in 1954 and a law degree in 1958. In 1954, he married Susan Ann Schroll, who was a fellow student at the University of Wyoming. He practiced law in Cody, held positions as assistant attorney general and city attorney, and was a United States Commissioner from 1959-1969. He was elected to the Wyoming House of Representatives from 1964-1977. Subsequently, he served in the U.S. Senate as a Republican representing Wyoming from 1979-1997, first by briefly …

Interview With Seth Bradstreet By Mike Hastings, Seth H. Bradstreet

George J. Mitchell Oral History Project

Biographical Note
Seth H. Bradstreet, Jr. was born on February 26, 1933, in Albion, Maine, to Seth H. Bradstreet and Ethel G. (Nelson) Bradstreet, who were farmers; he was one of twelve siblings. He attended the University of Maine, and after graduation he taught at Corinna Union Academy from 1954-1955. In 1955, he and his wife purchased a farm and went into potato farming. In 1962 he ran as a Democrat for the Maine state legislature and served two terms. He served on the Agriculture Committee when Mitchell was chair of the Maine Democratic Party, and he was state director …

Interview With Martha Pope, Abby Saffold And Marty Paone By Diane Dewhirst, Martha Pope, Martin 'Marty' P. Paone, C. 'Abby' Abbott Saffold

George J. Mitchell Oral History Project

Biographical Note
Martin Patrick “Marty” Paone was born in Everett, Massachusetts, in 1951. His father was a National Labor Relations Board field examiner and his mother was a nurse. He attended Boston College, graduating in 1972 with degrees in economics and philosophy. He moved to Washington, D.C. in September of 1974 to pursue a master’s degree in Russian studies at Georgetown University, and while there he worked in the House post office and as a parking lot attendant at the Senate parking lot. This led to a job in the Senate Cloakroom in 1979 after he completed his degree. In …

Interview With John Hilley By Brien Williams, John L. Hilley

George J. Mitchell Oral History Project

Biographical Note
John L. Hilley was born on October 22, 1947, to Dorothy and William Hilley in Tampa, Florida. His father was in the Air Force, so his family moved frequently. In eleventh grade he attended Phillips Academy in Andover, Massachusetts, and went on to Princeton University. He taught for a few years, then returned to Princeton to earn a Ph.D. in economics. He taught at Lehigh University, receiving tenure, then moved to Washington, D.C. He began work at the Congressional Budget Office and then transitioned to the Senate Budget Committee, becoming staff director under Senator Sasser. In January of …

Interview With David Johnson By Andrea L’Hommedieu, David E. Johnson

George J. Mitchell Oral History Project

Biographical Note
David E. Johnson was born on July 20, 1947, to Evelyn Irene (Hale) and Frank Tivis Johnson in Hardtner, Kansas. His father operated a grain elevator and his mother worked at a department store. He was raised in Enid, Oklahoma, attending Enid High School, where he excelled at debate, and was graduated from the University of Oklahoma with a degree in journalism. He worked for Ed Muskie’s 1972 presidential campaign in the “boiler room” and on his Intergovernmental Relations Committee from 1972 to 1978, working with Al From. He then worked for the Carter administration and for the …

Interview With Tom Daschle By Brien Williams, Thomas 'Tom' A. Daschle

George J. Mitchell Oral History Project

Biographical Note
Thomas Andrew Daschle was born on December 9, 1947, in Aberdeen, South Dakota, to Elizabeth B. Meier and Sebastian C. Daschle. He attended South Dakota State University, being graduated with a degree in political science in 1969. After college he served as an intelligence officer in the U.S. Air Force. He started in politics as a staff member to South Dakota Senator James Abourezk. In 1978, Daschle was elected to the U.S. House of Representatives and served for four terms there. In 1986, he ran for the U.S. Senate and won, serving until he lost the seat in …

Interview With John Warner By Brien Williams, John W. Warner

George J. Mitchell Oral History Project

Biographical Note
John William Warner was born February 18, 1927, to John W. Warner and Martha Budd Warner. He grew up in Washington, D.C. and was graduated from Woodrow Wilson High School in 1945. He enlisted in the Navy after high school and is a veteran of World War II. After leaving the service he attended Washington & Lee University in Lexington, Virginia, graduating in 1949. He attended law school at the University of Virginia but left to serve in the Marines during the Korean War; subsequently, he received his law degree from George Washington University in 1953, served as …

Interview With Grace Reef By Diane Dewhirst, Grace Reef

George J. Mitchell Oral History Project

Biographical Note
Grace Reef grew up in Portland, Maine, with her father, Norman Reef, an attorney, and her mother, Patricia Reef. In 1974, as a twelve-year-old, she was the first female Little League baseball player, having sued to integrate girls into the program. She first heard of Senator Mitchell when he ran for governor in 1974. She attended Colby College, graduating in 1983 with a degree in public policy. During college she interned in Mitchell’s Senate office in Washington, D.C.; she worked as a legislative correspondent and was later promoted to be a legislative assistant, eventually becoming one of Mitchell’s …