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“All Lawyers Are Somewhat Suspect”: Adolf A. Berle And The Modern Legal Profession, Harwell Wells 2019 Seattle University School of Law

“All Lawyers Are Somewhat Suspect”: Adolf A. Berle And The Modern Legal Profession, Harwell Wells

Seattle University Law Review

Adolf A. Berle was perhaps the preeminent scholar of the modern corporation. He was also an occasional scholar of the modern legal profession. This Article surveys his writings on the legal profession from the 1930s to the 1960s, from the sharp criticisms he leveled at lawyers, particularly corporate lawyers, during the Great Depression, to his sunnier account of the lawyer’s role in the postwar era. I argue that Berle’s views were shaped both by the reformist tradition he inherited from Louis Brandeis and his writings on the corporation, which left him convinced that the fate of the legal ...


Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber, Robert B. Thompson 2019 Seattle University School of Law

Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber, Robert B. Thompson

Seattle University Law Review

Adolf Berle’s ideas have attained a remarkable longevity in corporate law with an influence exceeding that of any other twentieth century law professor. Participants in the now ten Berle symposia often have framed the discussion of his career as an intellectual history, usually built around the powerful transformative effect of The Modern Corporation and Private Property (MCPP). Yet this approach is insufficient to explain large parts of Berle’s professional career, including what Berle did during the twelve years of the Roosevelt Administration that immediately followed MCPP. This Article offers an alternative focus that better accounts for the career ...


Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton 2019 Seattle University School of Law

Collected Lectures And Talks On Corporate Law, Legal Theory, History, Finance, And Governance, William W. Bratton

Seattle University Law Review

A collection of eighteen speeches and lectures, from 2003 to 2018, discussing and expanding on the writings and theories of Adolf Berle and Gardiner Means.


Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil 2019 Boston College Law School

Is Trolling Trump A Right Or A Privilege?: The Erroneous Finding In Knight First Amendment Institute At Columbia University V. Trump, Lauren Beausoleil

Boston College Law Review

On May 23, 2018, in Knight First Amendment Institute at Columbia University v. Trump, the United States District Court for the Southern District of New York considered whether the President of the United States violated the First Amendment rights of individuals by blocking them on Twitter. In doing so, the district court agreed with the plaintiffs’ allegations that blocking constituted impermissible viewpoint discrimination in the context of a public forum. Despite the long history of the public forum doctrine, the information age has presented new questions regarding the doctrine, and Knight First Amendment Institute marks the first instance in which ...


Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy 2019 University of Nebraska - Lincoln

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses, University of Nebraska-Lincoln

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.


Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley 2019 Penn State Law

Bridging The Gap Between Daca And The Dream: The Bridge Act, What It Means, And Why It Matters, Ellen E. Findley

Penn State Journal of Law & International Affairs

No abstract provided.


Clarity In The Code Du Travail: The Plain Language Movement, French Legislative Drafting, And President Macron’S Collective Bargaining Reform, Adam Boyd 2019 Penn State Law

Clarity In The Code Du Travail: The Plain Language Movement, French Legislative Drafting, And President Macron’S Collective Bargaining Reform, Adam Boyd

Penn State Journal of Law & International Affairs

Although the French Code is known as concise and elegant, the French Labor Code, or the Code du Travail, is not.1 Recent reform to the Code du Travail provides a chance to study Plain Language use in France in 2017. This Comment briefly introduces what Plain Language is, its goal of making the law easier to read, and the international movement to implement Plain Language legal reforms. The Comment then introduces a summary of the French legal system relevant to discussion of the Code du Travail, including how legislation is passed and the structure of a French statute. Next ...


“One Is The Loneliest Number”: A Comparison Of Solitary Confinement Practices In The United States And The United Kingdom, Daniella Johner 2019 Penn State Law

“One Is The Loneliest Number”: A Comparison Of Solitary Confinement Practices In The United States And The United Kingdom, Daniella Johner

Penn State Journal of Law & International Affairs

No abstract provided.


American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls 2019 Penn State Law

American Immigration: A Path Of Return To A Pre-Modern Ideal Of Open Immigration Policy, Zachary J. Carls

Penn State Journal of Law & International Affairs

No abstract provided.


The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, SC 2019 Penn State Law

The Mystery Of The Corporate Veil: Comparing Anglo-American Jurisdictions, Peter N. Levenberg, Sc

Penn State Journal of Law & International Affairs

No abstract provided.


Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily 2019 Penn State Law

Neutrality, Independence And Impartiality In International Commercial Arbitration, A Fine Balance In The Quest For Arbitral Justice, Ronán Feehily

Penn State Journal of Law & International Affairs

No abstract provided.


Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog 2019 Penn State Law

Precarious Childhood: Law And Its (Ir)Relevance In The Digital Lives Of Children, Liat Franco, Shulamit Almog

Penn State Journal of Law & International Affairs

This research provides insight to the way children perceive law and its relevance in the digital realm drawing on in- depth semi-structured interviews with sixty-six eighth- and ninth-grade students from three different Israeli middle schools. According to the findings, children experience the digital world as a precarious environment. Most children interviewed where unaware of or misunderstood relevant legal norms designed to protect web users in general and children in particular. Moreover, children experienced a lack of legal or other appropriate responses to severe incidents of cyberbullying that they experienced firsthand or witnessed as bystanders. Even though children are considered by ...


Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi 2019 Penn State Law

Game Of Thrones: The Qatar Crisis, Forced Expulsions On The Arabian Peninsula, Christopher R. Rossi

Penn State Journal of Law & International Affairs

In an extraordinary move, reflecting the Arabian Peninsula’s worst diplomatic dispute in decades, the UAE, Saudi Arabia, Bahrain, and Egypt have expelled Qatari nationals and imposed an air and sea blockade against Qatar because of its alleged support of terrorist organizations. In June 2018, Qatar filed suit against the UAE at the International Court of Justice, alleging discrimination in violation the International Convention on the Elimination of All Forms of Racial Discrimination. This Article explores the problem of forced expulsion and the utility of formal judicial redress at the level of the ICJ. Borrowing from the frame analysis of ...


Foreword, 2019 Penn State Law

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents, 2019 Penn State Law

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication, 2019 Penn State Law

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Masthead 2018-2019, 2019 Penn State Law

Jlia Masthead 2018-2019

Penn State Journal of Law & International Affairs

No abstract provided.


Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close 2019 University of Massachusetts - Dartmouth

Tennessee's National Impact On Teacher Evaluation Law & Policy: An Assessment Of Value-Added Model Litigation, Mark A. Paige, Audrey Amrein-Beardsley, Kevin Close

Tennessee Journal of Law and Policy

Over the last decade or so, federal and state education policymakers embraced the use of value added models (VAMs) to evaluate teachers’ performance and make high-stakes employment decisions (e.g., tenure, merit pay, termination of employment). VAMs are complicated statistical models that attempt to estimate a teacher’s contribution to student test scores, particularly those in mathematics and reading. Educational researchers, as well as many teachers and unions, however, have objected to the use of VAMs noting that these models fail to adequately account for variables outside of teachers’ control that contribute to a student’s education performance. Subsequently, many ...


Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel 2019 Urban Institute

Pleading Guilty: Indigent Defendant Perceptions Of The Plea Process, Jeanette Hussemann, Jonah Siegel

Tennessee Journal of Law and Policy

Public defenders and other court actors most often engage in behind-the-scene plea negotiating to manage overwhelming workloads and to dispose of cases as quickly and efficiently as possible. In prior work, scholars have documented an increased reliance on plea bargaining and the deleterious impact of the practice on the legal process and the rights of individuals accused of a crime; however, this research has not systematically analyzed the decisions made, and the perspectives of justice of society’s most disadvantaged and arguably most important actors of the court, the defendants. Relying on data collected in a Midwestern public defense system ...


Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson 2019 University of Tennessee, Knoxville

Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson

Tennessee Journal of Law and Policy

Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s ...


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