Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber,
2018
Georgetown University
Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber, Robert Thompson
Georgetown Law Faculty Publications and Other Works
Thirty-seven year old law professor Adolf Berle had a career year in 1932. His book published that year, The Modern Corporation and Private Property (written with Gardiner Means), framed the fundamental twentieth century change in understanding modern corporations. Berle’s exchange with Merrick Dodd on the purpose of the corporation that played out that spring on the pages of the Harvard Law Review launched a still fierce debate over the role of shareholders and other stakeholders. His service as a brain truster for Franklin Roosevelt during the fall election gave voice to the transformative economic policies of the New Deal. This …
The Historical Significance Of Judge Learned Hand: What Endures And Why,
2018
New York Law School
The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.
Articles & Chapters
The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.
Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886,
2018
University of Oklahoma College of Law
Adaptation Nation: Three Pivotal Transitions In American Law & Society Since 1886, Mariano-Florentino Cuéllar
Oklahoma Law Review
No abstract provided.
Finding Franklin,
2018
Fordham University School of Law
John Marshall’S Long Game. Review Of John Marshall: The Man Who Made The Supreme Court By Richard Brookhiser,
2018
Fordham University School of Law
John Marshall’S Long Game. Review Of John Marshall: The Man Who Made The Supreme Court By Richard Brookhiser, Marc Arkin
Faculty Scholarship
No abstract provided.
Can The President Control The Department Of Justice?,
2018
Fordham University School of Law
Can The President Control The Department Of Justice?, Bruce A. Green
Faculty Scholarship
No abstract provided.
"The Essential Characteristic": Enumerated Powers And The Bank Of The United States,
2018
University of Michigan Law School
"The Essential Characteristic": Enumerated Powers And The Bank Of The United States, Richard Primus
Michigan Law Review
The idea that Congress can legislate only on the basis of its enumerated powers is an orthodox proposition of constitutional law, one that is generally supposed to have been recognized as essential ever since the Founding. Conventional understandings of several episodes in constitutional history reinforce this proposition. But the reality of many of those events is more complicated. Consider the 1791 debate over creating the Bank of the United States, in which Madison famously argued against the Bank on enumerated-powers grounds. The conventional memory of the Bank episode reinforces the sense that the orthodox view of enumerated powers has been …
Cardozo,
2018
Touro University Jacob D. Fuchsberg Law Center
Palsgraf V. Long Island R.R.: Its Historical Context,
2018
Touro University Jacob D. Fuchsberg Law Center
Palsgraf V. Long Island R.R.: Its Historical Context, William E. Nelson
Touro Law Review
No abstract provided.
The Oral History Of Kenny Epstein,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Oral History Of Kenny Epstein, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
UNLV Gaming Law Journal
Kenny Epstein has spent a lifetime working in the gaming industry. Beginning in 1966 at the newly opened Caesars Palace as a Baccarat shift boss, Epstein eventually purchased a stake in Jackie Gaughan’s El Cortez Hotel and Casino in the mid-seventies. Partnering with Gaughan and his son Michael, he helped build the Barbary Coast, Gold Coast, Orleans, and Suncoast. In 2007, Epstein purchased the El Cortez and continues to work as the casino’s chief executive officer today.
The Oral History Of A.J. "Bud" Hicks,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
UNLV Gaming Law Journal
A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.
The Oral History Of Jan Jones Blackhurst,
2017
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Oral History Of Jan Jones Blackhurst, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
UNLV Gaming Law Journal
Jan Jones Blackhurst served as thefirst female mayorof Las Vegasfrom 1991 to 1999. Following her second term as mayor, she joined Caesars Entertainment, where she created the casino industry’s first regulatory practices for problem gaming. Today, Jones Blackhurst continues to make a lasting impact on Las Vegas and itsgaming industry as Caesar Entertainment’s Executive Vice President of Public Policy and Corporate Responsibility
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning,
2017
Rochester Institute of Technology
Finding Lost & Found: Designer’S Notes From The Process Of Creating A Jewish Game For Learning, Owen Gottlieb
Articles
This article provides context for and examines aspects of the design process of a game for learning. Lost & Found (2017a, 2017b) is a tabletop-to-mobile game series designed to teach medieval religious legal systems, beginning with Moses Maimonides’ Mishneh Torah (1180), a cornerstone work of Jewish legal rabbinic literature. Through design narratives, the article demonstrates the complex design decisions faced by the team as they balance the needs of player engagement with learning goals. In the process the designers confront challenges in developing winstates and in working with complex resource management. The article provides insight into the pathways the team …
Did J. Edgar Hoover Kill Jfk?,
2017
University of Georgia School of Law
Did J. Edgar Hoover Kill Jfk?, Donald E. Wilkes Jr.
Popular Media
This article reviews a recent story in the National Enquirer that asserts that J. Edgar Hoover ordered the JFK murder which directly contradicts earlier claims made by the publication.
Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861,
2017
Seton Hall University
Is ‘Military Necessity’ Enough? Lincoln’S Conception Of Executive Power In Suspending Habeas Corpus In 1861, Evan Mclaughlin
Seton Hall University Dissertations and Theses (ETDs)
In May 1861, President Abraham Lincoln's decision to suspend habeas corpus in Baltimore following an attack on Federal troops as they marched through Baltimore on April 19th to answer Lincoln’s call to defend the Capitol. To complicate matters further, Congress was still in recess, so they could not legislate a solution to the growing insurgency. In order to check these actions, Abraham Lincoln authorized General Scott to suspend Habeas Corpus between Baltimore and Philadelphia. When John Merryman was arrested, detained, and denied habeas corpus, Chief Justice Roger B. Taney issued an in-chambers decision, Ex Parte Merryman, to voice his …
Inseparable: Perspective Of Senator Daniel Webster,
2017
Cleveland State University
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review: An Interdisciplinary Journal Written and Peer-Reviewed by Mandel Honors College Students at Cleveland State University
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
Something's Gotta Give: Origin-Based E-Commerce Sales Tax,
2017
Brooklyn Law School
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Brooklyn Journal of Corporate, Financial & Commercial Law
How to tax interstate online purchases is a frequently debated and contentious topic in the business and tax arena. There are numerous parties affected when a transaction occurs and each affected party would like a taxation policy that benefits its own economic interests, without regard for others. Neither the legislative nor the judicial branch has successfully resolved this e-commerce taxation issue. With the growing need for tax revenue, it is prudent for Congress to finally resolve this circuit split and agree on a unifying Online Sales Tax Law. As opposed to the vast majority of proposals pending in Congress, this …
Promesa And The Bankruptcy Clause: A Reminder About Uniformity,
2017
Brooklyn Law School
Promesa And The Bankruptcy Clause: A Reminder About Uniformity, Stephen J. Lubben
Brooklyn Journal of Corporate, Financial & Commercial Law
The Bankruptcy Clause—Article I, Section 8, Clause 4—provides that “The Congress shall have power . . . [t]o establish . . . uniform Laws on the subject of Bankruptcies throughout the United States . . . .”[1] But Congress has just enacted a bankruptcy law that applies to a single American territory. In early May 2017, Puerto Rico and one affiliated entity filed a petition under this new law. In late May, the Employees Retirement System commenced a case, along with the Puerto Rico Highway and Transportation Authority. Other Puerto Rican sub-entities are expected to follow. I use this short …
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law,
2017
Brooklyn Law School
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Brooklyn Journal of Corporate, Financial & Commercial Law
Municipal bankruptcies are unpredictable. There are several reasons for this statement— municipal bankruptcies are rare, involvement of the state itself in the process varies according to the governing state law, and chapter 9, the Bankruptcy Code chapter governing the municipal bankruptcy process, has many gaps. Congress constructed the modern chapter 9 on a foundation of corporate bankruptcy law, a foundation whose roots—corporate finance—are significantly different from the rules governing municipal finance. In this Article, Professor Moringiello aims a spotlight on the property roots of private bankruptcy law and compares them to the promissory and statutory roots of municipal finance law …
Towards A Jurisprudence Of Public Law Bankruptcy Judging,
2017
Brooklyn Law School
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
In this essay Professor Janger considers the role of bankruptcy judges in Chapter 9 cases in light of the scholarly literature on public law judging. He explores the extent to which bankruptcy judges engaged in the fiscal restructuring of a municipality use tools, and face constraints, similar to those utilized by federal district court judges in structural reform cases, where constitutional norms are at issue.
