DOCSLIB.ORG

Does Congress Find Facts Or Construct Them - the Ascendance of Politics Over Reliability, Perfected in Gonzales V

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Does Congress Find Facts Or Construct Them - the Ascendance of Politics Over Reliability, Perfected in Gonzales V View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cleveland-Marshall College of Law Cleveland State University EngagedScholarship@CSU Cleveland State Law Review Law Journals 2008 Does Congress Find Facts or Construct Them - The Ascendance of Politics over Reliability, Perfected in Gonzales v. Carhart Elizabeth De Coux Florida Coastal School of Law Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Law and Politics Commons, and the Legislation Commons How does access to this work benefit oy u? Let us know! Recommended Citation Elizabeth De Coux, Does Congress Find Facts or Construct Them - The Ascendance of Politics over Reliability, Perfected in Gonzales v. Carhart, 56 Clev. St. L. Rev. 319 (2008) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol56/iss2/5 This Article is brought to you for free and open access by the Law Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. DOES CONGRESS FIND FACTS OR CONSTRUCT THEM? THE ASCENDANCE OF POLITICS OVER RELIABILITY, PERFECTED IN GONZALES V. CARHART ∗ ELIZABETH DECOUX I. CONGRESSIONAL COMMITTEES AND THEIR HEARINGS AS TOOLS USED IN THE LEGISLATIVE PROCESS .............................................................................. 326 A. The Early Development of the Congressional Committee.................................................................... 326 B. Congress’s Authority with Regard to Committees....... 328 C. A Hearing in the Aftermath of the Lincoln Assassination as an Early Indication, in a High-Profile Matter, of Congress’s Concern with the Reliability of Evidence ................................... 332 II. MODERN CONGRESSIONAL HEARINGS AS INDICATORS OF THE DEGREE TO WHICH CONGRESS VALUES RELIABILITY ........................................................................ 336 A. Evidence Rulings in the Age of Televised Hearings ...................................................................... 336 B. The Rules of Congress Say Little About Evidence....... 337 C. What Impeachment Trials in the Senate Reveal about Legislators’ Emphasis on Reliable Evidence .... 338 1. Reliability in the First Impeachment Trial Hearing in More than Half a Century: The Claiborne Impeachment ................................ 340 2. Reliability in an Impeachment in Which Senators Vote Without Being Present When the Evidence Is Received: The Case of Walter Nixon .................................................................... 341 3. Reliability in an Impeachment Where the Senate Convicts After a Jury Acquits: The Hastings Impeachment ......................................... 344 ∗Assistant Professor of Law, Florida Coastal School of Law, J.D., Mississippi College School of Law 319 Published by EngagedScholarship@CSU, 2008 1 320 CLEVELAND STATE LAW REVIEW [Vol. 56:319 4. Reliability in an Impeachment in Which the Senate as a Whole Makes the Decision, but Does Not Hear Any Witnesses in Person: The Clinton Impeachment .................................... 344 D. High Stakes and Low Blows: The Senate Judiciary Committee’s Hearing on Sexual Harassment Charges Against United States Supreme Court Nominee Clarence Thomas ........................................................ 348 E. Oversight and Investigation by a House Subcommittee: Responding to Hurricane Katrina ............................... 361 III. THE PARTIAL-BIRTH ABORTION PROHIBITION ACT OF 2003: CONGRESS MAKES FINDINGS BEFORE HEARING EVIDENCE; THE COURT EMPLOYS THOSE FINDINGS, THOUGH ACKNOWLEDGING THEY ARE INCORRECT................................................................... 362 A. Erroneous Legislative Findings Underlying the Partial-Birth Abortion Prohibition Act of 2003 .......... 362 B. Judicial Review of Congressional Findings, Erroneous and Otherwise............................................ 364 C. The Court Incorporates Congress’s Erroneous Findings into Its Analysis in Gonzales v. Carhart ....... 370 IV. CARHART II: A RULING IN SEARCH OF A RATIONALE? ........ 374 A. Searching for Answers in the Text of the Court’s Opinion........................................................... 374 B. Searching for Answers in the Subtext .......................... 377 V. CONGRESS SHOULD EMPLOY NEUTRAL FACT-FINDERS OR ADOPT AT LEAST RUDIMENTARY EVIDENCE STANDARDS ......................................................................... 379 A. Evidentiary Rigor as Institutional Competency........... 379 B. Models of Non-Partisan Fact-Finding ........................ 381 VI. CONCLUSION........................................................................ 385 On July 7, 1988, Marine Lieutenant Colonel Oliver North,1 his uniform crisp and 1North’s “spit and polish” image had a positive influence on the public’s perception of him. LAWRENCE E. WALSH, FIREWALL: THE IRAN-CONTRA CONSPIRACY AND COVER-UP 133 (1997) (referring to a tidal wave of public support for North). Otto Friedrich, “The Roughest Year” Scandal, War, Crash, Plague . and Who’s in Charge, TIME MAG., January 4, 1988, at 32 (referring to the public support for North). A native of San Antonio, Texas, an altar boy, and a graduate of the U.S. Naval Academy, North saw combat in Vietnam, service for which he was awarded two Purple Hearts, the Bronze Medal and the Silver Star. Richard Stengel et https://engagedscholarship.csuohio.edu/clevstlrev/vol56/iss2/5 2 2008] DOES CONGRESS FIND FACTS OR CONSTRUCT THEM? 321 his medals gleaming, stood ramrod straight before a panel of lawmakers and a bank of television cameras.2 Raising his right hand with the sharpness usually reserved for a salute,3 he swore to tell the truth. North was testifying before the congressional committee4 investigating a matter popularly referred to as the Iran-Contra Affair: the U.S. government’s covert sale of arms to Iran and diversion of the monetary proceeds to Nicaraguan rebels known as Contras.5 North, a National Security al., True Belief Unhampered by Doubt, From Small-town Boy to Shadow Secretary of State, Oliver North Did Not Know When to Stop, TIME MAG., July 13, 1987, at 28. When Marine Pvt. Randy Herrod, who had served under North, was accused of participating in the massacre of sixteen women and children during a search-and-destroy mission in the Vietnamese village Son Thang, North testified in his defense, crediting Herrod with saving his life in battle; Herrod was acquitted. Michael D. Sallah & Mitch Weiss, Experts: Earlier Tiger Force Probe Could Have Averted My Lai Carnage, TOLEDO BLADE, Oct. 19, 2003, at 1, available at http://www.toledoblade.com/apps/pbcs.dll/article?AID=/99999999/SRTIGERFORCE/110190 166. After North’s Congressional testimony, North faced a criminal trial on three charges: accepting an illegal gratuity; aiding and abetting in the obstruction of a congressional inquiry; and destruction of documents. United States v. North, 920 F.2d 940, 942 (D.C. Cir. 1990). He was convicted on all charges, but the convictions were later overturned because of the likelihood that North’s widely publicized, immunized testimony before Congress had influenced the testimony of witnesses at his criminal trial. Id. On remand, the independent counsel who had prosecuted North moved to dismiss all charges because he believed it was impossible to establish that witnesses had not been influenced by North’s congressional testimony; the trial court granted the motion. John W. Mashek, Charges on North Dismissed, Prosecutor Can’t Meet Requirement, BOSTON GLOBE, Sept. 17, 1991, at 1. In 1994, North ran unsuccessfully for the U.S. Senate. Nancy Mathis, Election ’94: Nation/Republicans gain Senate control/But Democrat Robb holds off Oliver North in Virginia, HOUSTON CHRON., Nov. 9, 1994, at A42. 2 Sally Jacobs, North the Family Man Faces BC Crowds, Pro and Con, BOSTON GLOBE, Nov. 3, 1988, at 31. 3Associated Press, Photo: Lt. Col. Oliver North shown taking the oath before the Iran- Contra committee in Washington on July 7, 1987, reprinted in Dawn Ceol, High Court Gives North Big Victory, WASHINGTON TIMES, May 29, 1991, at A1; also available at http://images.google.com/imgres?imgurl=http://www.washingtonpost.com/wp- srv/politics/images/daily/north_070787ap.jpg&imgrefurl=http://www.washingtonpost.com/wp -srv/politics/special/clinton/frenzy/iran.htm&h=152&w=200&sz=16&hl=en&start=11&um=1 &tbnid=VETlLNOlGGp5pM:&tbnh=79&tbnw=104&prev=/images%3Fq%3Doliver%2Bnort h%2Bap%26svnum%3D10%26um%3D1%26hl%3Den%26rls%3DTSHA,TSHA:2005-52,T SHA:en. 4The Senate and the House each had a committee investigating the matter, so the title of the proceeding is Iran-Contra Investigation: Joint Hearings Before the S. Select Comm. on Secret Military Assistance to Iran and the Nicaraguan Opposition and the H. Select Comm. to Investigate Covert Arms Transactions with Iran, 100th Cong. pt. I (1987) [hereinafter Hearings Iran] (testimony of Oliver L. North). 5United States v. North, 698 F. Supp. 322, 324 (D.D.C. 1998) (recounting North’s statements that the money raised by the sale of missiles to Iran was used to support the contras); United States v. North, 920 F.2d 940 (D.C. Cir. 1990) (vacating some of North’s convictions and reversing other); Abraham D. Sofaer, Iran-Contra: Ethical Conduct and Public Policy, 40 HOUS. L. REV. 1081, 1084 ( 2003) (“The first sale of arms to Iran during the Reagan Administration took place on August 20, 1985 . .”). Published by EngagedScholarship@CSU,
Load more

Recommended publications
  • By Patrick James Barry a Dissertation Submitted in Partial Fulfillment of The
    CONFIRMATION BIAS: STAGED STORYTELLING IN SUPREME COURT CONFIRMATION HEARINGS by Patrick James Barry A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (English Language and Literature) in the University of Michigan 2015 Doctoral Committee: Professor Enoch Brater, Chair Associate Professor Martha Jones Professor Sidonie Smith Emeritus Professor James Boyd White TABLE OF CONTENTS CHAPTER 1 SITES OF THEATRICALITY 1 CHAPTER 2 SITES OF STORYTELLING 32 CHAPTER 3 THE TAUNTING OF AMERICA: THE SUPREME COURT CONFIRMATION HEARING OF ROBERT BORK 55 CHAPTER 4 POISON IN THE EAR: THE SUPREME COURT CONFIRMATION HEARING OF CLARENCE THOMAS 82 CHAPTER 5 THE WISE LATINA: THE SUPREME COURT CONFIRMATION HEARING OF SONIA SOTOMAYOR 112 CHAPTER 6 CONCLUSION: CONFIRMATION CRITIQUE 141 WORK CITED 166 ii CHAPTER 1 SITES OF THEATRICALITY The theater is a place where a nation thinks in public in front of itself. --Martin Esslin, An Anatomy of Drama (1977)1 The Supreme Court confirmation process—once a largely behind-the-scenes affair—has lately moved front-and-center onto the public stage. --Laurence Tribe, Advice and Consent (1992)2 I. In 1975 Milner Ball, then a law professor at the University of Georgia, published an article in the Stanford Law Review called “The Play’s the Thing: An Unscientific Reflection on Trials Under the Rubric of Theater.” In it, Ball argued that by looking at the actions that take place in a courtroom as a “type of theater,” we might better understand the nature of these actions and “thereby make a small contribution to an understanding of the role of law in our society.”3 At the time, Ball’s view that courtroom action had an important “theatrical quality”4 was a minority position, even a 1 Esslin, Martin.
    [Show full text]
  • TIME Cover Depicts the Disturbing Plight of Afghan Women -- Printout -- TIME 5/19/11 2:23 PM
    TIME Cover Depicts the Disturbing Plight of Afghan Women -- Printout -- TIME 5/19/11 2:23 PM Back to Article Click to Print Thursday, Jul. 29, 2010 The Plight of Afghan Women: A Disturbing Picture By Richard Stengel, Managing Editor Our cover image this week is powerful, shocking and disturbing. It is a portrait of Aisha, a shy 18- year-old Afghan woman who was sentenced by a Taliban commander to have her nose and ears cut off for fleeing her abusive in-laws. Aisha posed for the picture and says she wants the world to see the effect a Taliban resurgence would have on the women of Afghanistan, many of whom have flourished in the past few years. Her picture is accompanied by a powerful story by our own Aryn Baker on how Afghan women have embraced the freedoms that have come from the defeat of the Taliban — and how they fear a Taliban revival. (See pictures of Afghan women and the return of the Taliban.) I thought long and hard about whether to put this image on the cover of TIME. First, I wanted to make sure of Aisha's safety and that she understood what it would mean to be on the cover. She knows that she will become a symbol of the price Afghan women have had to pay for the repressive ideology of the Taliban. We also confirmed that she is in a secret location protected by armed guards and sponsored by the NGO Women for Afghan Women. Aisha will head to the U.S.
    [Show full text]
  • ~I~ E NATION Bowling Together Civic Engagement in America Isn't Disappearing but Reinventing Itself
    Date Printed: 06/16/2009 JTS Box Number: IFES 78 Tab Number: 124 Document Title: Bowling Together Document Date: July 22 19 Document Country: United States -- General Document Language: English IFES ID: CE02866 ~I~ E NATION Bowling Together Civic engagement in America isn't disappearing but reinventing itself By RICHARD STENGEL ishing. In Colorado, volunteers for Big Brothers and Sisters are at an all-time high. PTA participation, as of 1993, was on the rise, from OLL OVER, ALEXIS Of:: TOCQUEVILLE. THE OFf MENTIONED 70% of parents with children participating to 81%. According to (but less frequently read) 19th century French scribe is be­ Gallup polling, attendance at school-board meetings is also up. ing invoked by every dime-store scholar and public figure from 16% oflocal residents in 1969 to 39% in 1995. In a TIMF/CNN Rthese days to bemoan the passing of what the Frenchman de­ poll last week of 1,010 Americans, 77% said they wish they could I scribed as one of America's distinctive virtues: civic participation. have more contact with other members of their community. Thir­ I "Americans of all ages, all conditions and all dispositions," he fa­ ty-six percent said they already take part in volunteer organiza­ mously wrote, "constantly form associations," In France, Tocque­ tions. In low-income areas, says Bob Woodson, president of Wash­ ville observed, a social movement is instigated bytbe government, ington's National Center for Neighborhood Enterprises, during I in England by the nobility, but in America by an association. the past decade there has been a tremendous upsurge in the num­ Tocqueville and small d democrats from Ben Franklin (who start­ ber of people who want to help out in their own communities.
    [Show full text]
  • Facebook As a New Layer of the Internet
    FACEBOOK AS A NEW LAYER OF THE INTERNET KRZYSZTOF GAJEWSKI Polish Academy of Science Paul Levinson lists Facebook, along with the rum provided by Facebook at an external blogosphere, Wikipedia, YouTube, MySpace, site. Facebook provided easy tools to cre- Digg and Twitter, as a new “new medium.” ate a secondary social net over primary net There is no doubt that that is true, but only of WWW. In Henry Jenkins’ terms one could part of a whole truth. From a technical point utter that the threshold of participation has of view the Internet consists of few layers, finally gotten low enough. Therefore, almost starting from the layer of physical medium all currently created internet sites make as cables and routers, ending with the ap- part of truly interactive network of Web 2.0, plication layer that lets us chat, read emails allowing for fully bilateral communication. or view internet sites. Global popularity of One of the consequences of the latter hap- Facebook, giving an easy way not only to pened to be something we could call an share content, but also to integrate exter- “eruption of privacy,” an avalanche of pass- nal sites with it, brought about nowadays a port-like photos accompanied by names new layer of the global network — a meta- and surnames and other personal data, a application layer. After Microsoft, Apple, and genuine great book of faces, a census. This Google, the company makes a following el- fact alone has a lot of exciting effects; I’d ement in the chain of commercial agents deeper get into two of them.
    [Show full text]
  • FOR IMMEDIATE RELEASE Contact: Penny Simon (865) 675-1705 [email protected]
    FOR IMMEDIATE RELEASE Contact: Penny Simon (865) 675-1705 [email protected] “Nelson Mandela has walked a long road, and Richard Stengel’s artful distillation of the lessons learned along the way is a gift. Through anecdotes both heartwarming and heartbreaking, this uplifting, inspiring volume makes Mandela’s hard-won wisdom accessible to anyone who wants to play a part in making the world a better place.” —Greg Mortenson, author of Three Cups of Tea “ takes us into the inner life of one of the most of important heroes of the century. There are lessons here that could radically change the way you live your life.” — “MANDELA’S WAY is a timely and welcome reminder of this great man’s political genius, personal integrity, and peerless instinct for survival and triumph. Every world leader should keep MANDELA’S WAY within easy reach.” —Tom Brokaw Nelson Mandela, “the grandfather of South Africa,” is a true hero, revered throughout the world. The tenets that have guided his life and shaped his remarkable journey are now accessible to all in MANDELA’S WAY: Fifteen Lessons on Life, Love, and Courage (on sale March 30), by Richard Stengel, editor of TIME magazine, with a preface by Mandela himself. For nearly three years, including the critical period when Mandela moved South Africa toward the first democratic elections in its history, Stengel collaborated with Mandela on his autobiography and traveled with him everywhere. Eating with him, watching him campaign, hearing him think out loud, Stengel came to know all the different sides of this complex man.
    [Show full text]
  • A Global Strategy for Shaping the Post-COVID-19 World
    A Global Strategy for Shaping the Post-COVID-19 World Jeffrey Cimmino, Rebecca Katz, Matthew Kroenig, Josh Lipsky, and Barry Pavel A Global Strategy for Shaping the Post-COVID-19 World The Scowcroft Center for Strategy and Security works to develop sustainable, nonpartisan strategies to address the most important security challenges facing the United States and the world. The Center honors General Brent Scowcroft’s legacy of service and embodies his ethos of nonpartisan commitment to the cause of security, support for US leadership in cooperation with allies and partners, and dedication to the mentorship of the next generation of leaders. This report is written and published in accordance with the Atlantic Council Policy on Intellectual Independence. The authors are solely responsible for its analysis and recommendations. The Atlantic Council and its donors do not determine, nor do they necessarily endorse or advocate for, any of this report’s conclusions. © 2020 The Atlantic Council of the United States. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without permission in writing from the Atlantic Council, except in the case of brief quotations in news articles, critical articles, or reviews. Please direct inquiries to: Atlantic Council 1030 15th Street NW, 12th Floor Washington, DC 20005 For more information, please visit www.AtlanticCouncil.org. Cover credit: Museo del Prado Title: The Triumph of Death Artist: Pieter Bruegel the Elder Year: circa 1562 Location: Museo del Prado This painting by Pieter Brueghel the Elder is a moral work that shows the triumph of Death over worldly things, symbolized through a great army of skeletons devastating the Earth.
    [Show full text]
  • Suing the Prosecutor Jonathan Van Patten, University of South Dakota School of Law
    University of South Dakota School of Law From the SelectedWorks of Jonathan Van Patten 2010 Suing the Prosecutor Jonathan Van Patten, University of South Dakota School of Law Available at: https://works.bepress.com/jonathan_vanpatten/3/ SUING THE PROSECUTOR JONATHAN K. VAN PATTENt The prosecutor has more control over life, liberty, and reputation than any other person in America. His discretion is tremendous. He can have citizens investigated and, if he is that kind ofperson, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen's friends interviewed The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sidedpresentation of the facts, can cause the citizen to be indicted and heldfor trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspendedsentence, and after he is put away, at whether he is a fit subject for parole. While the prosecutor at his best is one of the most beneficentforces in our society, when he acts from malice or other base motives, 1 he is one of the worst. I. THE PROBLEM The capacity to do great good is accompanied by a corresponding capacity to do great evil.
    [Show full text]
  • A Coalition to Protect and Grow National Service
    A Coalition to Protect and Grow National Service Membership Overview About Voices for National Service PARTNERING TO PROTECT AND EXPAND NATIONAL SERVICE Voices for National Service is a coalition of national, state and local service organizations working together to build bipartisan support for national service, develop policies to expand and strengthen service opportunities for all Americans, and to ensure a robust federal investment in the Corporation for National and Community Service (CNCS). Voices for National Service was founded in 2003 in the wake of a successful campaign to save AmeriCorps from sudden and significant proposed cuts. The national service field organized and launched a successful “Save AmeriCorps” campaign that ultimately restored--and in fact increased--federal funding for CNCS and AmeriCorps within one year. Following the successful 2003 Save AmeriCorps campaign, the national service community established Voices for National Service, a permanent field-based coalition dedicated to protecting and growing the federal investment in national service. City Year serves as the organizational and operational host of Voices for National Service and the coalition’s work is guided by a Steering Committee of CEOs of service organizations and leaders of state service commissions. The work of Voices for National Service is made possible through membership dues, philanthropic grants and gifts, and annual support from co- chairs and members of Voices for National Service’s Business Council and Champions Circle. Voices for National
    [Show full text]
  • Headshrinkers Manmunchers Moneygrubbers Nuts & Sluts
    Cornell Law Review Volume 80 Article 18 Issue 4 May 1995 Headshrinkers Manmunchers Moneygrubbers Nuts & Sluts: Reexamining Compelled Mental Examinations in Sexual Harassment Actions Under the Civil Rights Act of 1991 Kent D. Streseman Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Kent D. Streseman, Headshrinkers Manmunchers Moneygrubbers Nuts & Sluts: Reexamining Compelled Mental Examinations in Sexual Harassment Actions Under the Civil Rights Act of 1991, 80 Cornell L. Rev. 1268 (1995) Available at: http://scholarship.law.cornell.edu/clr/vol80/iss4/18 This Note is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. NOTE HEADSHRINKERS, MANMUNCHERS, MONEYGRUBBERS, NUTS & SLUTS: REEXAMINING COMPELLED MENTAL EXAMINATIONS IN SEXUAL HARASSMENT ACTIONS UNDER THE CIVIL RIGHTS ACT OF 1991 Introduction ................................................... 1269 I. The Evolution of the Sexual Harassment Cause of Action .................................................. 1276 A. Sexual Harassment Under Tort Law ................ 1278 B. Sexual Harassment as Sex Discrimination Under Title VII ............................................ 1281 1. Quid Pro Quo Harassment........................ 1282 2. Hostile Environment Harassment................... 1283 3. A Matter of Perspective: The Evolution of the Standardfor Proving a Hostile Work Environment... 1285 a. Split Circuits: The Unreasonableness + Actual Injury Test v. the Purely Objective Standard ................................... 1286 b. The Death of the Actual Injury Test: Harris v. Forklift Systems, Inc ...................... 1288 4. The 1991 Civil Rights Act ........................ 1289 II. Judicial Treatment of Motions to Compel Mental Examinations ..........................................
    [Show full text]
  • The Evolution of Political Rhetoric: the Year in C-SPAN Archives Research
    The Year in C-SPAN Archives Research Volume 6 Article 1 12-15-2020 The Evolution of Political Rhetoric: The Year in C-SPAN Archives Research Robert X. Browning Purdue University, [email protected] Follow this and additional works at: https://docs.lib.purdue.edu/ccse Recommended Citation Browning, Robert X. (2020) "The Evolution of Political Rhetoric: The Year in C-SPAN Archives Research," The Year in C-SPAN Archives Research: Vol. 6 Article 1. Available at: https://docs.lib.purdue.edu/ccse/vol6/iss1/1 This document has been made available through Purdue e-Pubs, a service of the Purdue University Libraries. Please contact [email protected] for additional information. The Evolution of Political Rhetoric: The Year in C-SPAN Archives Research Cover Page Footnote To purchase a hard copy of this publication, visit: http://www.thepress.purdue.edu/titles/format/ 9781612496214 This article is available in The Year in C-SPAN Archives Research: https://docs.lib.purdue.edu/ccse/vol6/iss1/1 THE EVOLUTION OF POLITICAL RHETORIC THE YEAR IN C-SPAN ARCHIVES RESEARCH Robert X. Browning, Series Editor The C-SPAN Archives, located adjacent to Purdue University, is the home of the online C-SPAN Video Library, which has copied all of C-SPAN’s television content since 1987. Extensive indexing, captioning, and other enhanced online features provide researchers, policy analysts, students, teachers, and public offi- cials with an unparalleled chronological and internally cross-referenced record for deeper study. The Year in C-SPAN Archives Research presents the finest interdisciplinary research utilizing tools of the C-SPAN Video Library.
    [Show full text]
  • Tending to Potted Plants: the Professional Identity Vacuum in Garcetti V
    TENDING TO POTTED PLANTS: THE PROFESSIONAL IDENTITY VACUUM IN GARCETTI V. CEBALLOS Jeffrey W. Stempel* As people my age probably recall, Washington lawyer Brendan Sullivan1 briefly became a celebrity when defending former Reagan White House aide Oliver North before a Senate investigation. Senator Daniel K. Inouye (D-Haw.) was questioning Colonel North when Sullivan objected. “Let the witness object, if he wishes to,” responded Senator Inouye, to which Sullivan famously replied, “Well, sir, I’m not a potted plant. I’m here as the lawyer. That’s my job.”2 The episode was captured on live television and rebroadcast repeatedly, making Sullivan something of a hero to lawyers,3 even moderates and liberals * Doris S. & Theodore B. Lee Professor of Law, William S. Boyd School of Law, University of Nevada Las Vegas. Thanks to Bill Boyd, Doris Lee, Ted Lee, Ann McGinley, Jim Rogers, and John White. Special thanks to David McClure, Jeanne Price, Elizabeth Ellison, Chandler Pohl, and Kathleen Wilde for valuable research assistance. © 2011 Jeffrey W. Stempel 1 Sullivan was a partner in the Washington, D.C. firm Williams & Connolly, a firm with a sophisticated practice and prestigious reputation, particularly in the area of white-collar criminal defense. See Brendan V. Sullivan Jr., Partner, WILLIAMS & CONNOLLY LLP, http:// www.wc.com/bsullivan (last visited Mar. 9, 2012). Founding partner Edward Bennett Wil- liams is perhaps best known as a lawyer for his successful defense of Teamster’s Union head Jimmy Hoffa as well as defense of other public figures charged with crimes or corruption. See Firm Overview, WILLIAMS & CONNOLLY LLP, http://www.wc.com/about.html (last vis- ited Mar.
    [Show full text]
  • AROUND the LAW SCHOOL Faculty Noles 26 Faculty Notes
    from the dean Having completed my first year Law School publications are published electronically, and our as dean of Duke Law School newest law journal, the Duke Law and Technology Review, is I am increasingly in awe of the published only online. Many faculty are making creative use talents and diversity of our of technology in their classrooms to teach students, and community. Thi year's pre idential electronic communication with students outside of clas up­ election provided an occasion to plement face-to-face exchanges, which continue to be the view these qualitie . Alumnus foundation of a Duke Law education. Some tudents are Frank Hunger '65 was in the interviewing for jobs at out-of-state law firms through tele­ thick of the action as one of conferencing; by u ing the ame technology, some faculty are Al Gore's closest advisers. At the bringing international scholars into their classroom to "sit" arne time, the five weeks follow­ at the seminar table as if they were physically here at Duke. ing the Nov. 7 general election And we are communicating increa ingly with you, our alum­ gave law faculty throughout the ni , online. If you have not already subscribed to Duke Law country, including our own E-News, I hope you will do so by visiting professors William Van Alstyne, Christopher Schroeder, JefT II'IIIIV. lalV. duke. edulalumnile-nelvs. hlml. Powell, Thomas Rowe and Robert Keohane, the opportunity As the Law School makes its investment decisions in to help guide the public through an unsettling constitutional technology, it is important to note that it views technology as moment.
    [Show full text]