Marissa Jackson Sow’S “Whiteness As Contract”,
2021
Seattle University School of Law
Marissa Jackson Sow’S “Whiteness As Contract”, Marissa Jackson Sow
Seattle University Law Review
Marissa Jackson Sow’s “Whiteness as Contract.”
Closing Remarks,
2021
Seattle University School of Law
Foreword,
2021
Seattle University School of Law
The Deans' Roundtable,
2021
Seattle University School of Law
The Deans' Roundtable, Dean Angela Onwuachi-Willig, Dean Danielle Conway, Dean Tamara Lawson, Dean Mario Barnes, Dean L. Song Richardson
Seattle University Law Review
The Deans' Roundtable.
Stanley Surrey, The Code And The Regime,
2021
University of Michigan Law School
Stanley Surrey, The Code And The Regime, Reuven S. Avi-Yonah, Nir Fishbien
Articles
Stanley Surrey (1910-1984) was arguably the most important tax scholar of his generation. Surrey was a rare combination of an academic (Berkeley and Harvard law schools, 1947-1961 and 1969-1981) and a government official (Tax Legislative Counsel, 1942-1947; Assistant Secretary for Tax Policy, 1961-1969). Today he is mostly remembered for inventing the concept of tax expenditures and the tax expenditure budget. This paper will argue that while Surrey was influential in shaping domestic tax policy for a generation and had an impact after his death on the Tax Reform Act of 1986, his longest lasting contributions were in shaping the international …
Charles Reich And The Legal History Of Privacy,
2021
Columbia Law School
Charles Reich And The Legal History Of Privacy, Sarah Seo
Faculty Scholarship
Historians’ interest in Reich offers a case study of the relationship between historical and legal studies. What can legal scholars learn from historians, and what can historians learn from legal scholarship? This Essay will explore these two questions by focusing on Igo’s The Known Citizen since she encountered Reich not with the dual citizenship of a legal historian but as an intellectual historian. I will first highlight what legal scholars can learn from historians by summarizing the main arguments in The Known Citizen. Then, I will provide an alternative legal account to Igo’s history of privacy, which may clear …
No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal,
2021
Seattle University School of Law
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,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Tribute To Professor Doug Rendleman,
2021
Melbourne Law School
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.
Complicity And Lesser Evils: A Tale Of Two Lawyers,
2021
Georgetown University Law Center
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: …
Table Of Contents,
2021
Touro University Jacob D. Fuchsberg Law Center
Charles Reich And The Legal History Of Privacy,
2021
Touro University Jacob D. Fuchsberg Law Center
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Touro Law Review
No abstract provided.
Religious Roots Of Corporate Organization,
2021
Seattle University School of Law
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 …
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023),
2021
University of Maine School of Law
Reform Through Resignation: Why Chief Justice Roberts Should Resign (In 2023), Scott P. Bloomberg
Faculty Publications
Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. …
In Memoriam: Emmanuel Gaillard,
2021
Columbia Law School
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.
Tribute To Dave Markell,
2021
Columbia Law School
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 …
A Memorial Tribute To Professor John J. Murphy,
2021
Indiana University Maurer School of Law
A Memorial Tribute To Professor John J. Murphy, Donna M. Nagy
Articles by Maurer Faculty
Professor John J. Murphy was my very first connection to the University of Cincinnati College of Law—and to the legal academy more generally. What began with an hour-long conversation in August 1993 lead to a wonderful twelve years as faculty colleagues and a dear friendship that continued for the fourteen years after I joined the Indiana University Maurer School of Law. John was legendary for his energetic and inspirational classroom teaching. But as my colleague and friend, John taught me through his constant examples what it means to be a supportive mentor, a beloved professor, and a devoted spouse and …
Deep Tracks: Album Cuts That Help Define The Essential Scalia,
2021
Boston Univeristy School of Law
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 …
Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure,
2020
Indiana University School of Law
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,
2020
Seattle University School of Law
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 …
