Legal History Commons^™

Mcculloch V. Marbury, Kermit Roosevelt Iii, Heath Khan

All Faculty Scholarship

This article builds on recent scholarship about the origins and creation of “our Marbury”—the contemporary understanding of the case and its significance—to argue that Marbury is in fact wholly unsuited for the role it plays in Supreme Court rhetoric and academic instruction. While Marbury is generally understood to support aggressive judicial review, or actual invalidation of a government act, it offers no guidance at all for how judicial review should be employed in particular cases—in particular, whether review should be aggressive or deferential. The actual opinion in Marbury makes no effort to justify its lack of deference to the …

Corporate Law Doctrine And The Legacy Of American Legal Realism, Edward B. Rock

All Faculty Scholarship

In this contribution to a symposium on "Legal Realism and Legal Doctrine," I examine the role that jurisprudence plays in corporate law doctrine. Through an examination of paired cases from the United States and United Kingdom, I offer a case study of the contrasting influence on corporate law judging of American Legal Realism versus traditional U.K. Doctrinalism.

Specialist judges in both systems, aided by specialist lawyers, clearly identify and understand the core policy issues involved in a dispute and arrive at sensible results. Adjusting for differences in background law and institutions, it seems likely that the disputes would ultimately be …

Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp

All Faculty Scholarship

One reason legal history is more interesting than it was several decades ago is the increased role of interest groups in our accounts of legal change. Diverse movements including law and society, critical legal theory, comparative law, and public choice theory have promoted this development, even among writers who are not predominantly historians. Nonetheless, in my own survey course in American legal history I often push back. Taken too far, interest group theorizing becomes an easy shortcut for assessing legal movements and developments without fully understanding the ideas behind them.

Intellectual history in the United States went into decline because …

Losing My Religion: The Place Of Social Justice In Clinical Legal Education, Praveen Kosuri

All Faculty Scholarship

Many law school clinics presume a “social justice” mission—that is, representation of the indigent and under-represented about poverty law issues—as the only legitimate goal for clinic clients and matters. This article contends that social justice should not be presumed, but rather should be considered an option—among many—to include in a clinic’s pedagogy. If increased experiential learning opportunities for students are a real objective, and clinics are the pinnacle of those opportunities, then broadening the portfolio of clinical offerings to include those that are not focused on social justice should be a valid proposition. The modern clinical legal education movement that …

Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Howard Gittis (L '58) was a partner at Wolff Block Solis Cohen and later vice chairman and a close adviser to Ronald Perelman at MacAndrews & Forbes. He served on the Temple University Board of Trustees for 27 years, including six years as chair. He died in 2007.

Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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TImothy J. Carson (W '70) has practiced in Philadelphia for forty years in the field of public sector law, especially public finance. He is currently a partner at Dilworth Paxson LLP. He is an elected Fellow of the American College of Bond Counsel.

Interview With Leon S. Forman, Jason E. Dymbort, Leon S. Forman, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Leon S. Forman (L'39) was an authority on bankruptcy and creditors' rights. He practiced law for more than sixty years and served as chairman of the Philadelphia Bar Association's corporation, banking and business law section, and as chairman of the Pennsylvania Bar Association's bankruptcy committee. He was a member of the American Law Institute. He taught bankruptcy and creditors' rights at the Law School of the University of Pennsylvania and at Temple University School of Law. He died in 2006.

Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Michael Levy (L '69) is the Chief of Computer Crimes at the United States Attorney’s Office for the Eastern District of Pennsylvania. He has served in the U.S. Department of Justice since 1980 with two one-year excursions into private practice. Before joining the U.S. Attorney’s office, Mr. Levy worked as a Public Defender and as an Assistant District Attorney in Philadelphia and as an Assistant Attorney General for the Commonwealth of Pennsylvania. He also had his own law practice for four years.

Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Cynthia E. White (L '80) worked in the City of Phialdelphia Law Department from 1984 to 2017, becoming Chief Deputy Solicitor of the Tax Unit in 1995. She has also served as president and board chairman of the Consumer Bankruptcy Assistance Project

Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Robert C. Sheehan (L '69) has practiced at Skadden, Arps since 1969 and served as Executive Partner from 1994 to 2009. He was won several awards for leadership and for pro bono work. He currently oversees Skadden's pro bono program. From 1996 to 2012 he was a member of the Penn Law Board of Overseers.

Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Professor Azizah al-Hibri (L '85) is a Professor Emerita at the University of Richmond Law School, having served on the faculty from 1992 until her retirement in 2012. Her work has centered on developing an Islamic jurisprudence and body of Islamic law that are gender equitable and promote human rights and democratic governance. Professor al-Hibri has authored numerous book chapters, essays, and law review articles on these subjects, and her work has appeared in the highly respected Journal of Law and Religion, Harvard International Review …

Interview With David L. Cohen, Miranda Solomon, David L. Cohen, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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David L. Cohen (L '81) is the senior executive vice president of Comcast Corporation and chair of the University of Pennsylvania board of trustees. From 1992 to 1997 he served as chief of staff to Philadelphia Mayor Ed Rendell, and from 1997 to 2002 he was chair of Ballard Spahr.

Interview With Morris M. Shuster, Todd J. Griset, Morris M. Shuster, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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After 35 years in private practice, Morris M. Shuster (L'56) began teaching clinical practice and dispute resolution at Penn Law School in 1991. He endowed a faculty chair in clinical practice at Penn Law (currently held by Douglas Frenkel) and a public interest fellowship program through the Philadelphia Bar Foundation. He died in 2012.

Interview With Kenneth W. Hansen, Megan Becher, Kenneth W. Hansen, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Kenneth W. Hansen (L '83) practices in the areas of international transactions and US Department of Energy project financings. Before going into private practice he served as counsel to the Overseas Private Investment Corporation and as general counsel to the Export-Import Bank of the United States. he has also taught economics and finance at a number of institutions.

Interview With Fernando Chang-Muy, Crystal Fu, Fernando Chang-Muy, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Fernando Chang-Muy teaches and practices in the area of immigration and refugee law. He has been an adjunct professor at Penn Law since 1994. He has served as a legal officer for the UN High Commissioner on Refugees and the World Health Organization.

Interview With Douglas Frenkel, Megan Becher, Todd Griset, Rasheena Harris, Crystal Fu, Kathleen Craven, Miranda Salomon, Maryanne Small, Jay Rittberg, Douglas N. Frenkel, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Douglas Frenkel (L'72), Morris Shuster Practice Professor of Law at Penn, is the architect of Penn Law’s nationally renowned clinical program, having served as Director of the Gittis Center for Clinical Legal Studies from 1980 to 2008. He specializes in alternative dispute resolution generally and mediation in particular. He is the author of innovative teaching materials and videotapes in this field and frequently serves as a mediator in employment, commercial, educational and family matters. Frenkel’s other major area of expertise is legal ethics, having been a founding faculty member of the Law School’s …

Interview With Daniel L. Greenberg, Ria C. Momblanco, Daniel L. Greenberg, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Daniel L. Greenberg oversees the pro bono program at Schulte Roth & Zable LLP. From 1987 to 1995 he directed clinical legal programs at Harvard Law School, and from 1995 to 2004 he was executive director of New York City's Legal Aid Society. He has been named an honorary fellow of Penn Law School.

Interview With André L. Dennis, Joanna L. Levine, André L. Dennis, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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André L. Dennis practices in Philadelphia in the areas of civil rights and product liability, among others.. He represented Ramona Africa in her lawsuit against the city of Philadelphia after the 1985 MOVE bombing. In 1997 he was named an honorary fellow of Penn Law School.

Interview With E. Clinton Bamberger, Jr., Erik Lieberman, E. Clinton Bamberger Jr., Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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E. Clinton Bamberger Jr. was the first director of legal services in the federal Office of Economic Opportunity, and later of Community Legal Services. He practiced law in Baltimore, where he represented the petitioner in the landmark case of Brady v. Maryland. In 1981 he was made an honorary fellow of Penn Law School. He died in 2013.

Interview With Rhonda Copelon, Elizabeth Carrott, Rhonda Copelon, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Interview With Bruce J. Terris, Corinne Levy, Bruce J. Terris, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Bruce J. Terris was an assistant in the US Solicitor General's office from 1958 to 1965, where he argued sixteen cases before the Supreme Court. In 1970 he went into private practice. He was counsel in many landmark environmental law cases and was active in numerous District of Columbia-area nonprofits. In 1977 he was named a Penn Law honorary fellow. He died in 2017.

Interview With Hans F. Loeser, Larry Seymour, Hans F. Loeser, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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A graduate of Harvard Law School, Hans Loeser joined the Boston firm of Foley, Hoag & Eliot, where he founded one of the country's first pro bono programs. He co-founded and chaired the Lawyers Committee for Civil Rights under Law of the Boston Bar Association and the Boston Lawyers Vietnam Committee, which earned him a spot on President Richard Nixon's "enemies list." He has been named an honorary fellow of the Penn Law School. He died in 2010.

Interview With Justice Cruz Reynoso, Will Proctor, Cruz Reynoso, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Cruz Reynoso served as associate justice for the Third District Court of Appeals (1976-1981) and the Supreme Court (1981-1986) of California. From 1993 to 2000 he was a member of the US Commission on Civil Rights. He has been named an honorary fellow of Penn Law School.

Interview With Ira J. Kurzban, Kristin Smith, Ira J. Kurzban, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Ira J. Kurzban is a partner in the law firm of Kurzban Kurzban Tetzeli & Pratt, P.A., of Miami, Florida, and serves as adjunct faculty member in Immigration and Nationality Law at the University of Miami School of Law. He is also a founding board member of Immigrants' List, a political action committee focusing on immigration issues. He was a founder of the Institute for Justice & Democracy in Haiti and served as Board Chair from 2004-2019. He has been named an honorary fellow of Penn …

Interview With Eli Rosenbaum, Deborah Weisbein, Eli Rosenbaum, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Eli M. Rosenbaum (WG'77) served as director of the U.S. DOJ Office of Special Investigations, which was primarily responsible for identifying, denaturalizing, and deporting Nazi war criminals, from 1994 to 2010, when the office was merged into the new Human Rights and Special Prosecution Section. He is now the Director of Human Rights Enforcement Strategy and Policy in the new Department of Justice section. He is the primary author of Betrayal: The Untold Story of the Kurt Waldheim Investigation, which narrates the inquiry he led …

Interview With William R. Klaus, Rosanna V. Perretta, William R. Klaus, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Interview With Judge Harvey Bartle, Shirin Heidary, Harvey Bartle Iii, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Harvey Bartle III (L '65) is a senior judge of the United States District Court, Eastern District of Pennsylvania. He served as chief judge of that court from 2006 to 2011.

Interview With Allen D. Black, Isaac E. Dweck, Allen D. Black, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Allen D. Black (L '66) practices in the areas of commercial law and antitrust, specializing in complex litigation. He has been a member of the American Law Institute since 1976 and a member of the ALI Council since 1994. Prof. Steven Burbank has called him "quite simply one of the best and most thoughtful lawyers in the country, a highly successful litigator and important contributor to numerous law reform efforts."

Interview With Jerome J. Shestack, Mark Malcoun, Jerome J. Shestack, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Jerome J. Shestack practiced law in Philadelphia from 1955 until his death in 2011. He was active in Democratic politics and in civil rights and international human rights. He served as president of the American Bar Association in 1997/1998. In 1980 Penn Law School named him an Honorary Fellow; his address to that year's graduating class appeared in the Fall 1980 Penn Law Journal (http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1034&context=plj).

Interview With Leslie Reid Price, Daniel Gennatto, Leslie Reid Price, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

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Leslie Reid Price (L'72) practices real state and commercial law. She worked as in-house counsel to Philadelphia area real estate developer Rouse & Associates, now known as Liberty Property Trust.