Legal History Commons^™

How Serious Is The Threat Of Impeachment? And To Whom?, Harold Baer Jr.

Michigan Law Review

While a slender volume, The Federal Impeachment Process offers the reader a variety of different insights on this topic, beginning with the debates at the Constitutional Convention and running to the modem-day practice of impeachment trials by committee rather than by the full senate. Impeachment is valuable reading, not just for those of us interested in American history, or those of us who are public officers of the United States, but for every American who wants to understand his or her morning newspaper better. Not only does it lift the veil of darkness surrounding the impeachment process, it provides a …

Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel

Michigan Law Review

Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …

The Opinion Volume 38 Number 16 – April 20, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 20, 1998

The Opinion Volume 38 Number 15 – April 13, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 13, 1998

The Opinion Volume 38 Number 14 – April 6, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 06, 1998. Includes spoof overwrap ("The Finger of the Opinion").

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …

A Tribute To Louis Leventhal Jaffe: 1905-1996, Jack Hyman

Buffalo Law Review

No abstract provided.

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …

The Opinion Volume 38 Number 13 – March 30, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 30, 1998. Includes SBA election insert.

The Opinion Volume 38 Number 12 – March 23, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 23, 1998. Misidentified as Volume 28 Number 11.

Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson

All Faculty Scholarship

It's been exactly a hundred years since Mark Twain first revealed himself as an unmitigated admirer of Jewish people. "A marvelous race, by long odds the most marvelous that the world has produced, I suppose." he wrote in "Concerning the Jews," published in March of 1898 by Harper's magazine.

How different after all was Twain from H.L. Mencken, who (after the posthumous publication of his diaries) was attacked as an anti-Semite? As literary critic Joseph Epstein has pointed out, Mencken talked about Jews the way they talked about themselves: "But H.L. Mencken was no anti-Semite. For that he would have …

Eulogy For Jerome W. Van Gorkom, James J. O'Connor

Speeches

The eulogy for Jerome Van Gorkom given by his friend James O'Connor, former CEO of Exelon and a lawyer.

Jerome W. Van Gorkom was, among other things, the U.S. Under Secretary of State for Management from 1982-1983 and the Chief Executive Officer of TransUnion from 1962-1980. He also was a defendant in one of the best known cases on the fiduciary duty of care in the corporate context; the case cite is Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985).

The Opinion Volume 38 Number 11 – March 16, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 16, 1998. Misidentified as Volume 38 Number 10.

Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson

All Faculty Scholarship

Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.

On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been …

The Opinion Volume 38 Number 10 – March 2, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 02, 1998

The Pentagon Papers - Victory For A Free Press, William R. Glendon

Cardozo Law Review

No abstract provided.

Remembering The Fourth Circuit Judges: A History From 1941 To 1998

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 38 Number 9 – February 23, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 23, 1998

The Opinion Volume 38 Number 8 – February 16, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 16, 1998

The Opinion Volume 38 Number 7 – February 9, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 09, 1998

The Opinion Volume 38 Number 6 – February 2, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 02, 1998

Pandora's Amphora: The Ambiguity Of Gifts, Jeanne L. Schroeder

Articles

The law is notoriously suspicious of gifts, giving gratuitous promises less protection than contracts. An analysis based on the political philosophy of G.W.F. Hegel and the psychoanalytic theory of Jacques Lacan reveals that the law's ambivalence reflects the fundamental ambiguous nature of gifts.

The two dominant jurisprudential analyses of gift-utilitarianism and romanticism-share the single erroneous assumption that contract relations are characterized by atomistic rational behavior. The utilitarian, who views all human relations in terms of individual self-interest, analyzes gift as a primitive, incomplete, imperfect, and inferior form of contract. In contrast, the romantic, who believes that human relations can, and …

Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson

All Faculty Scholarship

At Hopkins and elsewhere, the issue of granting historical revisionists equal access to curricula and classrooms is difficult enough, but it is complicated acutely when student editors become entangled in the black and nefarious thickets of Holocaust denial masquerading as "scholarship." The Johns Hopkins News-Letter is only the most recent university paper to succumb to the blandishments of a group calling itself the "Committee for Open Debate on the Holocaust," which promulgates claims that a plan to systematically rid Germany or Europe of Jews never existed, that no gas chambers ever operated and that the number of Jewish victims has …

Tribute, Jeffrey L. Salinger

Tributes

I remember sitting in the law auditorium late in our first semester of law school. Listening to a handful of professors, we heard about the electives offered for second semester. I am not sure how I felt prior to entering the auditorium that day. I do remember how I felt afterwards -- I was going to get into Professor Clark’s class. From what I’ve heard, her legal history seminar was by far the most highly coveted of the first-year electives. That’s no surprise, though -- you could almost feel her excitement as she spoke about the course. On hearing that …

An Environmental History Of Fairfield/Wagner Point, Philip Diamond

Legal History Publications

This paper traces the history of the Fairfield/Wagner Point peninsula from the beginning of the European settlement to the present, observing the ambitions and dreams of developers and industrial entrepeneurs, the significant contribution the area made to our nation's wartime production in World War II, the rise and fall of the tight-knit workers' communities, the struggles of outside activists and community leaders to better the living conditions of these neighborhoods, and the environmental devastation of the area followed by the attempt to redevelop the area with “green" industry. A 'central strand in this complex and contradictory story will be the …

Dedication: For Betsy Clark, 1952-1997, Law & History Review Editor

Tributes

With the consent of those whose work appears here, and on behalf of the American Society for Legal History, this issue of the Law and History Review is dedicated to the memory of our friend and colleague, Elizabeth Battelle Clark, who died on the evening of December 26th, 1997, after a long and fierce fight with cancer. It is deeply saddening to realize that in each of our last three issues we have noted the death of a colleague -- of Willard Hurst, Paul Murphy, and now Betsy Clark. Hers is perhaps the hardest of these deaths to take, because …

Justice James D. Heiple: Impeachment And The Assault On Judicial Independence, Jerome B. Meites, Steven F. Pflaum

Loyola University Chicago Law Journal

In 1997, the Illinois House of Representatives conducted its first impeachment investigation of an Illinois Supreme Court justice in 145 years. In this Article, the authors discuss the appropriate standards for impeachment under the Illinois constitution and the need to ensure that the independence of the judiciary is not harmed by politically motivated impeachment proceedings. The authors also examine how the Special House Investigating Committee ("House Committee") applied those standards to its investigation of Illinois Supreme Court Justice James D. Heiple. Finally, they propose reforms to the judicial disciplinary provisions of the Illinois constitution as a result of the Heiple …

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …

American Society Of Notaries: History Of A Legacy, 31 J. Marshall L. Rev. 1001 (1998), Lisa K. Fisher

UIC Law Review

No abstract provided.

Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond

UIC Law Review

No abstract provided.