Legal Biography Commons^™

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Tribute To Professor Doug Rendleman, Katy Barnett, Alison Bell, Jeff Berryman, Neil Birkhoff, Daniel Friedmann, Thomas P. Gallanis, Claire Hagan Eller, Brandon Hasbrouck, Corey Hauser, Brant Hellwig, Margaret Howard, Alexandra L. Klein, Douglas Laycock, Benjamin V. Madison, Iii, Judith L. Madison, Kyle Mcnew, Linda Mullenix, Rami Rashmawi, Caprice Roberts, Victoria Shannon Sahani, Joan Shaughnessy, Barry Sullivan, Martha Vazquez, Edilson Vitorelli

Washington and Lee Law Review

A tribute to Professor Doug Rendleman, who served on the faculty of the Washington and Lee University School of Law from 1988 to 2020. Rendleman became Professor of Law, Emeritus in 2020.

In Memoriam: Emmanuel Gaillard, George A. Bermann

Faculty Scholarship

It is difficult to add meaningfully to all that has been said and written about the extraordinary Emmanuel Gaillard who left us far too soon. But I shall try.

Emmanuel has been described lately as a “titan” and a “giant.” Though he was those things, they fail to capture the humility and humanity that marked Emmanuel for the length of his career. Notwithstanding the monumental achievements he made, and the recognition he so richly deserved, Emmanuel remained throughout a modest, loyal and supportive member of the international arbitration community.

Table Of Contents

Touro Law Review

No abstract provided.

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …

Deep Tracks: Album Cuts That Help Define The Essential Scalia, Gary S. Lawson

Faculty Scholarship

Jeff Sutton and Ed Whelan have collected some of Justice Scalia’s “greatest hits” in a volume entitled The Essential Scalia: On the Constitution, the Courts, and the Rule of Law. The book is an excellent introduction to the jurisprudential thought and literary style of one of the most influential legal thinkers—and legal writers—in modern times. As with any “greatest hits” compilation, however, there are inevitably going to be key “album cuts” for which there will not be space. This essay seeks to supplement Sutton and Whelan’s invaluable efforts by surveying three of those “deep tracks” that shed particular light on …

Charles Reich And The Legal History Of Privacy, Sarah A. Seo

Touro Law Review

No abstract provided.

Tribute To Dave Markell, Michael B. Gerrard

Faculty Scholarship

I first met Dave Markell around 1988, when he moved to New York to direct the Division of Environmental Enforcement of the New York State Department of Environmental Conservation (DEC). This was an era when the federal Superfund and its state equivalents were rapidly growing in importance; the laws passed in the wake of the Love Canal disaster of the late 1970s were finally growing teeth. Dave led New York's efforts to drive the cleanup of contaminated sites by using both civil and criminal remedies. He established DEC's criminal enforcement unit and doubled the number of criminal cases developed and …

Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: …

Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman

Alfred Aman Jr. (1991-2002)

After nearly 50 years of practicing, teaching, and administration, Alfred C. (Fred) Aman, Jr., took emeritus status at the end of the 2019–2020 academic year. Earlier this fall, he visited with ergo editor Ken Turchi to reflect on his distinguished career.

Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie

Seattle University Law Review

President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …

Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey

Seattle University Law Review

This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …

Justice Sonia Sotomayor: The Court’S Premier Defender Of The Fourth Amendment, David L. Hudson Jr.

Seattle University Law Review

This essay posits that Justice Sotomayor is the Court’s chief defender of the Fourth Amendment and the cherished values it protects. She has consistently defended Fourth Amendment freedoms—in majority, concurring, and especially in dissenting opinions. Part I recounts a few of her majority opinions in Fourth Amendment cases. Part II examines her concurring opinion in United States v. Jones. Part III examines several of her dissenting opinions in Fourth Amendment cases. A review of these opinions demonstrates what should be clear to any observer of the Supreme Court: Justice Sotomayor consistently defends Fourth Amendment principles and values.

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Bicentennial Alumni Research Project, Indiana University Maurer School Of Law

Historic Documents

In summer 2020, eighteen incoming law students (0Ls) were chosen as IU Maurer School of Law Bicentennial Research Scholars to work with Dean Austen Parrish and Libby Steinbach (Executive Assistant in the Dean's Office) over a two-month period in June and July 2020. The scholars were asked to interview a range of alumni who volunteered to be interviewed and who have played an important role in the life of law school. Scholars were tasked with writing an alumni profile for each alumnus interviewed. This report is the result of those efforts and a compilation of the alumni profiles.

Tribute To Professor Samuel W. Calhoun, Doug Ammar, David Carson, Kelly Faglioni, John Fishwick, Mark Grunewald, Stephen Halpin, Brandon Hasbrouck, Brant Hellwig, Lyman Johnson, Bill Johnston, Rick Kirgis, Brian Murchison, Joan Shaughnessy, Howard Wall

Washington and Lee Law Review

A tribute to Professor Samuel W. Calhoun, who served on the faculty of the Washington and Lee University School of Law from 1978 to 2020. Calhoun became Professor of Law, Emeritus in 2020.

Nicholas C. Howson's Tribute To Professor William P. Alford, Nicholas C. Howson

Articles

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle

Articles

Through the eyes of Charles Pendleton’s memoirs, this article walks through a rural community with a county attorney to consider how race, religion, gender, and sexuality influenced rural prosecutorial discretion in the early twentieth century. Rural communities like those in Buena Vista County, Iowa, where the article is centered, experienced “the law” through distinctly isolated geographies and social networks that lacked anonymity and thus shaped available methods of conflict resolution. But anonymity did not mean homogeneity. Ethnic, racial, and religious diversity created divisions within a community where social distance between individuals was small. Both onymity and diversity shaped who should …

Racism Is A Life Issue Panel Discussion, Marcus Cole, Katrina Jackson, Ernest Morrell, Gloria Purvis, Jacqueline Rivers, Benjamin Watson, Carter Snead

2019–Present: G. Marcus Cole

Jul 28, 2020

A moderated discussion on racism and the culture of life with distinguished panelists G. Marcus Cole (Dean, Notre Dame Law School), Sen. Katrina Jackson (Louisiana State Senate), Ernest Morrell (University of Notre Dame), Gloria Purvis (EWTN Global Catholic Radio), Jacqueline Rivers (Harvard University), and Benjamin Watson (NFL Legend).

Breaking Down Systemic Barriers Around African American Entrepreneurship, Marcus Cole, Bryan Ritchie, Philip Gaskin, Andrew Welters

2019–Present: G. Marcus Cole

Jul 1, 2020

The benefits of entrepreneurship are well documented. Startups are responsible for nearly all job growth in the United States, experience growth rates substantially higher than other businesses, can help eliminate poverty and have an outsized impact on overall economic productivity and GDP. Despite this, entrepreneurship and venture capital have been largely closed to minorities, with African Americans being impacted particularly hard.

African Americans make up approximately 13 percent of the U.S. population yet only 2.2 percent of small businesses are owned by them. By comparison, whites make up approximately 60 percent of the population but own 82.5 …

Tribute To Professor Mary Z. Natkin, David Carson, Christine Greene, Mark Grunewald, Howard Highland, Brianne Kleinert, Brian C. Murchison, Debbie Price, Sheryl Salm, Joan Shaughnessy

Washington and Lee Law Review

A tribute to Professor Mary Z. Natkin, who served on the faculty of the Washington and Lee University School of Law from 1987 to 2020. Professor Natkin is also an alumna of W&L Law, having graduated with the Class of 1985.

Live Chat With Marcus Cole, Marcus Cole, Lou Nanni

2019–Present: G. Marcus Cole

Jun 17, 2020

Join G. Marcus Cole, the Joseph A. Matson Dean of Notre Dame Law School, for a live chat about current events and his vision for new initiatives at the Law School.

Dean G. Marcus Cole: 'I Am George Floyd. Except, I Can Breathe. And I Can Do Something.', Marcus Cole

2019–Present: G. Marcus Cole

Dean Marcus Cole makes a passionate statement regarding racial violence. He recounts his childhood memories and outlines the three steps he is taking to restore the vision of Father Hesburgh's original vision for Notre Dame Law School.

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Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe.

In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal sentencing and his strong disagreement with the U.S. Sentencing Guidelines by telling the stories of some of the 400 men and women he sentenced during his twenty-five years as a federal judge.

Pillars Of Justice: Lawyers And The Liberal Tradition, By Owen Fiss, Saba Samanian

Osgoode Hall Law Journal

AT TIMES, IT IS POSSIBLE TO UNDERESTIMATE, or perhaps momentarily forget, the individuals who have been instrumental in shaping the evolution of the justice system. Thankfully, Pillars of Justice by Owen Fiss serves as a reminder of the resilience and the triumph of such individuals. Each chapter of the book is dedicated to someone who he considers to have made a significant contribution to justice, and, as such, has become a personal hero.

The Passion Of John Paul Stevens, Linda Greenhouse

Michigan Law Review

Review of John Paul Stevens' The Making of a Justice: Reflections on My First 94 Years.

Dean's Desk: Amid Covid-19 Shutdown, Iu Maurer Displays Resilience, Austen L. Parrish

Austen Parrish (2014-2022)

The spring semester is coming to a close in Bloomington, but in ways none of us expected. The COVID-19 pandemic required us to shift to teaching remotely in a matter of days, and all on-campus events — including commencement — have been canceled or postponed. Fortunately, when classes resumed remotely March 30, our students, faculty and staff more than rose to the occasion and pulled together, and the transition has been smoother than expected.

Our community’s resilience and positive attitude through the pandemic have led me to reflect more broadly on the wonderful support — financial and otherwise — we …

#Nlawproud: G. Marcus Cole (Jd ’93), Marcus Cole

2019–Present: G. Marcus Cole

Apr 23, 2020

G. Marcus Cole (JD ’93) grew up in the Terrace Village housing projects in Pittsburgh, Pennsylvania. And even though he’d never met any lawyers, his parents and teachers were certain that’s what he was destined to be. Cole is now in his dream job, guiding the next generation of lawyers as the Joseph A. Matson Dean and Professor of Law at Notre Dame Law School.