Court-Packing In 2021: Pathways To Democratic Legitimacy,
2020
Seattle University School of Law
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 …
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo,
2020
Seattle University School of Law
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
Seattle University Law Review
The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.
Enough Is As Good As A Feast,
2020
Seattle University School of Law
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.
Preservation Requests And The Fourth Amendment,
2020
Seattle University School of Law
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
Rising To The Covid-19 Challenge Together,
2020
Case Western Reserve University School of Law
Rising To The Covid-19 Challenge Together, Tracy Najera
The International Journal of Ethical Leadership
No abstract provided.
Contributors,
2020
Case Western Reserve University School of Law
Contributors, The Contributors
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy: The U.S.--Iran Crisis,
2020
Case Western Reserve University School of Law
Talking Foreign Policy: The U.S.--Iran Crisis, Tfp Radio Broadcast (Jan. 20, 2020)
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy: The Rohingya Genocide,
2020
Case Western Reserve University School of Law
Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019)
The International Journal of Ethical Leadership
No abstract provided.
Reflections On The Power Of Mentorship,
2020
Case Western Reserve University School of Law
Reflections On The Power Of Mentorship, Jonathan Lee, Lisa N. Lindsay, Olivia Thomas, Grace Zhang
The International Journal of Ethical Leadership
No abstract provided.
Is It Ever Ethical For An Organization To Pressure Professionals To Violate Their Professions' Ethical Minimums?,
2020
Case Western Reserve University School of Law
Is It Ever Ethical For An Organization To Pressure Professionals To Violate Their Professions' Ethical Minimums?, David Ozar
The International Journal of Ethical Leadership
No abstract provided.
Can Soldiers Do ”The Decent Thing” In War? The Just War Tradition, The Laws Of War, And Saving Private Ryan,
2020
Case Western Reserve University School of Law
Can Soldiers Do ”The Decent Thing” In War? The Just War Tradition, The Laws Of War, And Saving Private Ryan, Ted Van Baarda
The International Journal of Ethical Leadership
No abstract provided.
An African Theory Of Good Leadership,
2020
Case Western Reserve University School of Law
An African Theory Of Good Leadership, Thaddeus Metz
The International Journal of Ethical Leadership
No abstract provided.
The Urgency Of Ethics In Political Leadership,
2020
Case Western Reserve University School of Law
The Urgency Of Ethics In Political Leadership, President Vicente Fox
The International Journal of Ethical Leadership
No abstract provided.
Ethical Leadership In The Arts: The Power Of Storytelling And Representation,
2020
Case Western Reserve University School of Law
Ethical Leadership In The Arts: The Power Of Storytelling And Representation, 2019 Academic Symposium
The International Journal of Ethical Leadership
2019 Academic Symposium Transcript
Ethical Leadership in the Arts The Power of Storytelling and Representation
LeVar Burton actor-writer-director-producer, children’s literacy and AIDS/ HIV research advocate, and recipient of our 2019 Inamori Ethics Prize
Shannon French Inamori Professor in Ethics and Director, Inamori International Center for Ethics and Excellence
Joy Bostic Associate Professor, Department of Religious Studies, College of Arts and Sciences and Interim Vice President, Office for Inclusion, Diversity and Equal Opportunity
Cara Byrne full-time lecturer in the Department of English and a SAGES Teaching Fellow
2019 Inamori Ethics Prize Speech: The Power Of Storytelling,
2020
Case Western Reserve University School of Law
2019 Inamori Ethics Prize Speech: The Power Of Storytelling, Levar Burton
The International Journal of Ethical Leadership
No abstract provided.
Message From The Managing Editor,
2020
Case Western Reserve University School of Law
Message From The Managing Editor, Beth Trecasa
The International Journal of Ethical Leadership
No abstract provided.
Message From The Editor,
2020
Case Western University School of Law
Message From The Editor, Shannon E. French
The International Journal of Ethical Leadership
No abstract provided.
Front Matter (Masthead),
2020
Case Western Reserve University School of Law
Front Matter (Masthead), Volume 7 2020
The International Journal of Ethical Leadership
No abstract provided.
Congressional Securities Trading,
2020
University of Iowa College of Law
Congressional Securities Trading, Gregory Shill
Indiana Law Journal
The trading of stocks and bonds by Members of Congress presents several risks that warrant public concern. One is the potential for policy distortion: lawmakers' personal investments may influence their official acts. Another is a special case of a general problem: that of insiders exploiting access to confidential information for personal gain. In each case, the current framework which is based on common law fiduciary principles is a poor fit. Surprisingly, rules from a related context have been overlooked.
Like lawmakers, public company insiders such as CEOs frequently trade securities while in possession of confidential information. Those insiders' trades are …
How To Fix Legal Scholarmush,
2020
Brooklyn Law School
How To Fix Legal Scholarmush, Adam Kolber
Indiana Law Journal
Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”
In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off the …
