The Labor of Loving More Than a Decade After Georgetown Law

Total Page:16

File Type:pdf, Size:1020Kb

The Labor of Loving More Than a Decade After Georgetown Law FALL/WINTER 2017 The Next Generation More than a decade after Georgetown Law students helped make history with the The Labor of Loving Supreme Court case of Hamdan v. Rumsfeld, Mary McCord (L’90) and Joshua Geltzer Professor Sheryll Cashin’s book Loving: are helping to shape the next wave of constitutional litigators Interracial Intimacy in America and the Threat to White Supremacy — published on the 50th anniversary of Loving v. Virginia — explores the hopes and challenges facing a nation GEORGETOWN LAW Fall/Winter 2017 ANN W. PARKS Editor BRENT FUTRELL Director of Design INES HILDE Associate Director of Design MIMI KOUMANELIS Executive Director of Communications TANYA WEINBERG Director of Media Relations and Deputy Director of Communications RICHARD SIMON Director of Web Communications JACLYN DIAZ Communications and Social Media Manager BEN PURSE Senior Video Producer JERRY COOPER Communications Associate MATTHEW F. CALISE Director of Alumni Affairs GENE FINN Assistant Dean of Development and Alumni Relations JANE AIKEN Vice President for Strategic Development and External Affairs WILLIAM M. TREANOR Dean of the Law Center Executive Vice President, Law Center Affairs Cover photo: Brent Futrell Contact: Editor, Georgetown Law Georgetown University Law Center 600 New Jersey Avenue, N.W. Washington, D.C. 20001 [email protected] Address changes/additions/deletions: 202-687-1994 or e-mail [email protected] Georgetown Law magazine is on the Law Center’s website at www.law.georgetown.edu Copyright © 2017, Georgetown University Law Center. All rights reserved. Orientation 2017 Miranda Diaz (L’20) examines a piece of the Berlin Wall as she tours the Newseum with her new classmates and professors during Orientation Week 2017. Photo Credit: Brent Futrell 2017 Fall/Winter 1 INSIDENEWS / CONVINCING EVIDENCE / 11 / 14 Making a Difference Justice to Georgetown John Podesta (L’76) speaks to the 2017 Graduating Class. Former Acting U.S. Attorney General Sally Q. Yates joins Georgetown Law as a Distinguished Lecturer from Government during Fall 2017. / 16 / 24 Students of Originalism, Meet the Justices Keeping it Real Students of Originalism in Professor Randy Barnett’s Summer Seminar Distinguished Visitor from Practice Paul Smith argues a historic ask Supreme Court Justices Samuel Alito, Clarence Thomas and Neil gerrymandering case in the Supreme Court — while teaching Gorsuch about originalism, career advice and more. Constitutional Law I. 2 Georgetown Law CONVINCING EVIDENCE \ NEWS / 26 / 36 ICAP: The Next Generation The Labor of Loving Georgetown Law’s new Institute for Constitutional Advocacy and Fifty years after Loving v. Virginia, the Georgetown Law community Protection takes on unauthorized militias in its first semester. remains connected to the landmark case. 04/ Thoughts from the Dean 05/ News 26/ Feature: ICAP: The Next Generation 36/ Feature: The Labor of Loving 50/ Campus 56/ Commencement 2017 65/ New Faculty 69/ Alumni / 51 Chokehold: Policing Black Men Georgetown Law Professor Paul Butler is in the spotlight with a new book. 2017 Fall/Winter 3 NEWS THOUGHTS / CONVINCING FROM EVIDENCE THE DEAN \ The Next Generation We began the 2017-2018 school year in August with the events of Charlottesville, Virginia, in our minds and hearts — a sober reminder of the challenges our country is facing at this unprecedented time. By October, our new Institute for Constitutional Advocacy and Protection (ICAP) was filing suit in Virginia state court on behalf of the City of Char- lottesville and others, seeking an order banning the groups that descended on that university town from returning to the state. ICAP, headed by Professor Neal Katyal; Mary McCord (L’90), former acting assistant attorney general at the Department of Justice’s National Security Division; and Joshua Geltzer, former senior director for counterterrorism at the National Security Council, is a new initiative featured on page 26. With a focus on impact litigation in the national security and law enforcement arenas, ICAP will certainly cultivate the next generation of constitutional litigators at the Law Center. We look forward to seeing the work of its practicum students this spring. Our faculty continues to inspire, with Professor Paul Butler’s new book Chokehold: Policing Black Men recommended by the New York Times and Professor Sheryll Cashin’s book Loving: Interracial Intimacy in America and the Threat to White Supremacy published just in time for the 50th anniversary of the landmark Supreme Court decision last June (see page 36). One of our new faculty members, Professor Shon Hopwood, re- cently had his extraordinary story of redemption and success featured on “60 Minutes.” A staunch advocate for prison reform and a former fellow in Georgetown’s Appellate Litigation Clinic, Shon has become a valued member of our faculty. We also welcomed three more full-time faculty members: Professor Sheila Foster, who joins us from Fordham, will teach property and urban law and policy; Professor Brad Snyder from the Uni- versity of Wisconsin teaches Sports Law, Legal Justice and Constitutional Law II. Professor Urska Velikonja comes to Georgetown Law after visiting here full time from Emory University, teaching securities, contracts, and M&A. And Georgetown Law made headlines when we welcomed former Acting Attorney General Sally Yates as a Distinguished Lecturer from Gov- ernment for the fall 2017 semester. In these pages, we offer an exciting glimpse of the remarkable things that are happening at Georgetown Law, and I invite you to read more. William M. Treanor Dean of the Law Center Executive Vice President, Law Center Affairs 4 Georgetown Law / NEWS Professor Shon Hopwood Appearing on “60 Minutes” in October Steve Kroft: You’re a professor at one of the finest law schools in the country. Is that something that you thought you would be able to do? Professor Shon Hopwood: No. It makes me laugh hearing you say it out loud, because there are days where it doesn’t make sense to me, and I’ve lived it. So I can see why it doesn’t make sense to hardly anyone else. (Courtesy of “60 Minutes”) For Shon’s story, see page 66. Photo Credit: Brent Futrell 2017 Fall/Winter 5 NEWS / CONVINCING EVIDENCE Uniformed Injustice The 2017 HRI Fact-Finding Project investigated institutional violence targeting lesbian, gay, bisexual, and transgender (LGBT) individuals in El Salvador. The report, “Uniformed Injustice: State Violence Against LGBT People in El Salvador”, was released on May 21. Sally Yates: From Acting Attorney General to Distinguished Lecturer Sally Q. Yates began 2017 as Acting U.S. Attorney General, but fortunately for Georgetown Law, she’s finishing the year as one of our Distinguished Lecturers from Government. Yates — who enjoyed a distin- guished career at the Department of Justice for nearly three decades as U.S. Attorney for the Northern District of Georgia and U.S. Deputy Attorney General before serving in the role that made her a hero to many — joined the Law Center for the fall semester. While not Federal Circuit at Georgetown Law teaching a formal class, she served as a resource for Georgetown Law students got the opportunity to witness the U.S. Court of Appeals students, participated in faculty workshops, delivered for the Federal Circuit in action — on Law Center turf. A three-judge panel sitting in the Philip A. Hart Memorial Lecture and assisted with the Supreme Court Institute’s Moot Courtroom on March 6 heard four cases, the ma- Law Center programming, among other things. jority involving patents: Aylus Networks v. Apple, Williamson v. Citrix Online, MH “Georgetown has a long and distinguished history Systems v. Coldharbour Marine and Batson v. Snyder. The Institute for Technology of rigorous and thoughtful academic dialogue and a Law and Policy sponsored the event. commitment to social justice,” Yates said at the start The fact that Judge Kimberly A. Moore (L’94), Judge Richard Linn (L’69) and Judge of the year, noting that she looked forward “to being a Kara Farnandez Stoll (L’97) just happened to be Georgetown Law alumni was icing part of this dynamic environment and interacting with on the cake, as Dean William M. Treanor noted. At a Q & A session that followed, the outstanding students and faculty.” For a full interview, judges said that the morning was representative of what one might typically see at see page 14. the courthouse. “It was a hot bench today,” Stoll said, meaning that the judges were actively questioning the attorneys in the cases. “But there’s usually a hot bench.” 6 Georgetown Law CONVINCING EVIDENCE \ NEWS Girlhood Interrupted A groundbreaking study released by Georgetown Girlhood Law’s Center on Poverty Interrupted: and Inequality in June finds The Erasure of Black Girls’ Childhood that adults view black girls as less innocent and more REBECCA EPSTEIN JAMILIA J. BLAKE adult-like than their white THALIA GONZÁLEZ peers, especially in the age range of 5 to 14. The study, detailed in the new report, “Girlhood In- terrupted: The Erasure of Black Girls’ Childhood,” is the first of its kind to focus on girls, and builds on previous research on adult perceptions of black boys. “This new evidence of what we call the ‘adultifica- Students Wow Distinguished Judges at Beaudry Moot tion’ of black girls may help explain why black girls in Court Competition America are disciplined much more often and more severely than white girls — across our schools and in Not every law student going to a job interview is able to say that he or she once our juvenile justice system,” says Rebecca Epstein, ex- mooted a case in front of a former solicitor general, two federal judges, a talented ecutive director of the Center on Poverty and Inequality Supreme Court practitioner and the national legal director of the American Civil and the lead author of the report. Liberties Union — all at the same time.
Recommended publications
  • Completing the Circle: Native American Athletes Giving Back to Their Community
    University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Doctoral Dissertations Graduate School 5-2019 COMPLETING THE CIRCLE: NATIVE AMERICAN ATHLETES GIVING BACK TO THEIR COMMUNITY Natalie Michelle Welch University of Tennessee Follow this and additional works at: https://trace.tennessee.edu/utk_graddiss Recommended Citation Welch, Natalie Michelle, "COMPLETING THE CIRCLE: NATIVE AMERICAN ATHLETES GIVING BACK TO THEIR COMMUNITY. " PhD diss., University of Tennessee, 2019. https://trace.tennessee.edu/utk_graddiss/5342 This Dissertation is brought to you for free and open access by the Graduate School at Trace: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of Trace: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. COMPLETING THE CIRCLE: NATIVE AMERICAN ATHLETES GIVING BACK TO THEIR COMMUNITY A Dissertation Presented for the Doctor of Philosophy Degree The University of Tennessee, Knoxville Natalie Michelle Welch May 2019 Copyright © 2019 by Natalie Michelle Welch All rights reserved. ii DEDICATION This dissertation is dedicated to my elders and ancestors. Without their resilience I would not have the many great opportunities I have had. Also, this is dedicated to my late best friend, Jonathan Douglas Davis. Your greatness made me better. iii ACKNOWLEDGEMENTS I want to thank the following people for their help through my doctoral program and the dissertation process: My best friend, Spencer Shelton. This doctorate pursuit led me to you and that’s worth way more than anything I could ever ask for. Thank you for keeping me sane and being a much-needed diversion when I’m in workaholic mode.
    [Show full text]
  • 2017 Highlights
    EIGHTH ANNUAL EDITION November 9-16, 2017 “DOC NYC has quickly become one of the city’s grandest film events.” Spans downtown Hailed as Manhattan from “ambitious” IFC Center to 250+ SVA Theatre and films & events “selective but Cinepolis Chelsea eclectic” ARTISTIC DIRECTOR EXECUTIVE DIRECTOR Thom Powers programs for the Toronto Raphaela Neihausen & Powers run the weekly International Film Festival and hosts the series Stranger Than Fiction at IFC Center and podcast Pure Nonfiction. host WNYC’s “Documentary of the Week.” DOC NYC has welcomed over 50 sponsors through the years, most of which have returned for 3+ years. ACSIL Discovery Image Nation Abu Dhabi Participant Media Technicolor-Postworks NY Brooklyn Roasting Co. Docurama Impact Partners Peru Ministry of Tribeca Grand Hotel Tourism & Culture Chicago Media Project Essentia Water IndieWire VH1 & Logo Documentary Posteritati Films Chicken & Egg Pictures Goose Island JustFilms/Ford Foundation RADiUS Vulcan Cowan DeBaets Half Pops Abrahams & Sheppard Kickstarter The Screening Room Wheelhouse Creative Heineken CNN Films MTV Stoli The World Channel International City of New York Documentary Association NBCUniversal Archives SundanceNow The Yard Mayor’s Office for Doc Club Media & Entertainment Illy New York Magazine ZICO SVA Owl’s Brew DOCNYC.NET DOCNYCFEST Voted by Movie Maker Magazine as one of the top 5 coolest documentary film festivals in the world! DOC NYC 2016 FEATURED: 12k 200+ likes on Facebook 60k special guests visits DOCNYC.net 125k 92 reached by e-mail Largest premieres Documentary
    [Show full text]
  • Cutie and the Boxer, 1/11/2013
    CUTIE AND THE BOXER, 1/11/2013 PRESENTS A FILM BY ZACHARY HEINZERLING CUTIE AND THE BOXER US|HD UK THEATRICAL RELEASE: 1 Nov, 2013 RUNNING TIME: 82 minutes Press Contact: Yung Kha T. 0207 831 7252 [email protected] Web: http://cutieandtheboxer.co.uk/ Twitter: @CutieAndBoxer Facebook: http://www.facebook.com/cutieandtheboxer CUTIE AND THE BOXER, 1/11/2013 SHORT SYNOPSIS A reflection on love, sacrifice, and the creative spirit, this candid New York story explores the chaotic 40- year marriage of renowned “boxing” painter Ushio Shinohara and his artist wife, Noriko. As a rowdy, confrontational young artist in Tokyo, Ushio seemed destined for fame, but met with little commercial success after he moved to New York City in 1969, seeking international recognition. When 19-year-old Noriko moved to New York to study art, she fell in love with Ushio—abandoning her education to become the wife and assistant to an unruly, husband. Over the course of their marriage, the roles have shifted. Now 80, Ushio struggles to establish his artistic legacy, while Noriko is at last being recognized for her own art—a series of drawings entitled “Cutie,” depicting her challenging past with Ushio. Spanning four decades, the film is a moving portrait of a couple wrestling with the eternal themes of sacrifice, disappointment and aging, against a background of lives dedicated to art. LONG SYNPOSIS Cutie and the Boxer is an intimate, observational documentary chronicling the unique love story between Ushio and Noriko Shinohara, married Japanese artists living in New York. Bound by years of quiet resentment, disappointments and missed professional opportunities, they are locked in a hard, dependent love.
    [Show full text]
  • When Judges Lie (And When They Should) Paul Butler
    University of Minnesota Law School Scholarship Repository Minnesota Law Review 2007 When Judges Lie (And When They Should) Paul Butler Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Butler, Paul, "When Judges Lie (And When They houldS )" (2007). Minnesota Law Review. 653. https://scholarship.law.umn.edu/mlr/653 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. BUTLER_5FMT 6/15/2007 10:53:19 AM Article When Judges Lie (and When They Should) Paul Butler† What should a judge do when she must apply law that she believes is fundamentally unjust?1 The problem is as old as slavery. It is as contemporary as the debates about capital pun- ishment and abortion rights. In a seminal essay, Robert Cover described four choices that a judge has in such cases. She can (1) apply the law even though she thinks it is immoral; (2) openly reject the law; (3) resign; or (4) subvert the law by pretending that it supports the outcome that the judge desires, even though the judge does not actually believe that it does.2 This Article demonstrates that the fourth choice—judicial “subversion” or lying—is far more common than is openly ac- knowledged. This Article identifies some cases in which judges intentionally have framed the law to achieve a particular out- come.
    [Show full text]
  • Poor People Lose: Gideon and the Critique of Rights
    PAUL D. BUTLER Poor People Lose: Gideon and the Critique of Rights ABSTRACT. A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon demonstrates this critique: it has not improved the situation of most poor people, and in some ways has worsened their plight. Gideon provides a degree of legitimacy for the status quo. Even full enforcement of Gideon would not significantly improve the loser status of low-income people in American criminal justice. AUTHOR. Professor, Georgetown University Law Center; Yale College, B.A.; Harvard Law School, J.D. For helpful comments on this Essay, I thank Kristin Henning, Allegra McLeod, Gary Peller, Louis Michael Seidman, Abbe Smith, Robin West, and the participants in a faculty workshop at Florida State University College of Law. I am also grateful for the excellent editorial assistance of Robert Quigley, Yale Law School, J.D. 2014. 2176 ESSAY CONTENTS INTRODUCTION 2178 I. HOW POOR PEOPLE LOSE IN AMERICAN CRIMINAL JUSTICE 2179 1l. THE CRITIQUE OF RIGHTS 2187 III. THE CRITIQUE OF RIGHTS, APPLIED TO GIDEON 2190 A. The Liberal Overinvestment in Rights 2190 B. The Indeterminacy of Rights 2192 C. Rights Discourse and Mystification 2194 D. Isolated Individualism 2195 E. Rights Discourse as an Impediment to Progressive Social Movements 2196 IV. OTHER COMMENTS ON RIGHTS DISCOURSE IN CRIMINAL PROCEDURE 2198 CONCLUSION: CRITICAL TACTICS 2201 2177 THE YALE LAW JOURNAL 122:2176 2013 INTRODUCTION Gideon v.
    [Show full text]
  • The Crime and Society Issue
    FALL 2020 THE CRIME AND SOCIETY ISSUE Can Academics Such as Paul Butler and Patrick Sharkey Point Us to Better Communities? Michael O’Hear’s Symposium on Violent Crime and Recidivism Bringing Baseless Charges— Darryl Brown’s Counterintuitive Proposal for Progress ALSO INSIDE David Papke on Law and Literature A Blog Recipe Remembering Professor Kossow Princeton’s Professor Georgetown’s Professor 1 MARQUETTE LAWYER FALL 2020 Patrick Sharkey Paul Butler FROM THE DEAN Bringing the National Academy to Milwaukee—and Sending It Back Out On occasion, we have characterized the work of Renowned experts such as Professors Butler and Sharkey Marquette University Law School as bringing the world and the others whom we bring “here” do not claim to have to Milwaukee. We have not meant this as an altogether charted an altogether-clear (let alone easy) path to a better unique claim. For more than a century, local newspapers future for our communities, but we believe that their ideas have brought the daily world here, as have, for decades, and suggestions can advance the discussion in Milwaukee broadcast services and, most recently, the internet. And and elsewhere about finding that better future. many Milwaukee-based businesses, nonprofits, and So we continue to work at bringing the world here, organizations are world-class and world-engaged. even as we pursue other missions. To reverse the phrasing Yet Marquette Law School does some things in this and thereby to state another truth, we bring Wisconsin regard especially well. For example, in 2019 (pre-COVID to the world in issues of this magazine and elsewhere, being the point), about half of our first-year students had not least in the persons of those Marquette lawyers been permanent residents of other states before coming who practice throughout the United States and in many to Milwaukee for law school.
    [Show full text]
  • A Film Music Documentary
    VULTURE PROUDLY SUPPORTS DOC NYC 2016 AMERICA’s lARGEST DOCUMENTARY FESTIVAL Welcome 4 Staff & Sponsors 8 Galas 12 Special Events 15 Visionaries Tribute 18 Viewfinders 20 Metropolis 24 American Perspectives 29 International Perspectives 33 True Crime 36 DEVOURING TV AND FILM. Science Nonfiction 38 Art & Design 40 @DOCNYCfest ALL DAY. EVERY DAY. Wild Life 43 Modern Family 44 Behind the Scenes 46 Schedule 51 Jock Docs 55 Fight the Power 58 Sonic Cinema 60 Shorts 63 DOC NYC U 68 Docs Redux 71 Short List 73 DOC NYC Pro 83 Film Index 100 Map, Pass and Ticket Information 102 #DOCNYC WELCOME WELCOME LET THE DOCS BEGIN! DOC NYC, America’s Largest Documentary hoarders and obsessives, among other Festival, has returned with another eight days fascinating subjects. of the newest and best nonfiction programming to entertain, illuminate and provoke audiences Building off our world premiere screening of in the greatest city in the world. Our seventh Making A Murderer last year, we’ve introduced edition features more than 250 films and panels, a new t rue CriMe section. Other fresh presented by over 300 filmmakers and thematic offerings include SceC i N e special guests! NONfiCtiON, engaging looks at the worlds of science and technology, and a rt & T HE C ITY OF N EW Y ORK , profiles of artists. These join popular O FFICE OF THE M AYOR This documentary feast takes place at our Design N EW Y ORK, NY 10007 familiar venues in Greenwich Village and returning sections: animal-focused THEl wi D Chelsea. The IFC Center, the SVA Theatre and life, unconventional MODerN faMilY Cinepolis Chelsea host our film screenings, while portraits, cinephile celebrations Behi ND the sCeNes, sports-themed JCO k DO s, November 10, 2016 Cinepolis Chelsea once again does double duty activism-oriented , music as the home of DOC NYC PrO, our panel f iGht the POwer and masterclass series for professional and doc strand Son iC CiNeMa and doc classic aspiring documentary filmmakers.
    [Show full text]
  • Read, Listen, Watch, ACT BECOMING an ANTI-RACIST EDUCATOR
    Read, Listen, Watch, ACT BECOMING AN ANTI-RACIST EDUCATOR “In a racist society, it is not enough to be non-racist, we must be anracist.” --Angela Davis Curated Resources Jusce in June dRworksBook - Home (Dismantling Racism resources) This List Of Books, Films And Podcasts About Racism Is A Start, Not A Panacea Books to read on racism and white privilege in the US Understanding and Dismantling Racism: A Booklist for White Readers People Are Marching Against Racism. They’re Also Reading About It. Books to Read to Educate Yourself About An-Racism and Race An-Racist Allyship Starter Pack Black History Library An-Racism Resource List: quesons, definions, resources, people, & organizaons RESOURCES- -Showing Up for Racial Jusce Read “You want weapons? We’re in a library! Books! Best weapons in the world! This room’s the greatest arsenal we could have. Arm yourself!” ― T he Doctor David Tennant Books and arcles related to anracism (general): A More Perfect Reunion: Race, Integraon, and the Future of America, Calvin Baker Eloquent Rage: A Black Feminist Discovers Her Superpower, Briany Cooper How to Be an Anracist , Ibram X. Kendi Me and White Supremacy, Layla F. Saad Racism without Racists: Colorblind Racism and the Persistence of Racial Inequality in the United States, Eduardo Bonilla-Silva So You Want to Talk about Race , Ijeoma Oluo The New Jim Crow , Michelle Alexander This Book Is An-Racist: 20 Lessons on How to Wake Up, Take Acon, and Do The Work , Tiffany Jewell and Aurelia Durand Waking Up White, White Rage; the Unspoken Truth of Our Racial Divide , Carol Anderson White Awake: An Honest Look at What It Means to Be White , Daniel Hill hps://blacklivesmaer.com/what-we-believe/ What the data say about police shoongs What the data say about police brutality and racial bias — and which reforms might work Police Violence Calls for Measures Beyond De-escalaon Training Books and arcles related to anracism in educaon: An-Racism Educaon: Theory and Pracce, George J.
    [Show full text]
  • The Role of Race-Based Jury Nullification in American Criminal Justice: Foreword, 30 J
    UIC Law Review Volume 30 Issue 4 Article 1 Summer 1997 The Role of Race-Based Jury Nullification in American Criminal Justice: Foreword, 30 J. Marshall L. Rev. 907 (1997) Timothy P. O'Neill [email protected] Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Civil Rights and Discrimination Commons, Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Timothy P. O'Neill, The Role of Race-Based Jury Nullification in American Criminal Justice: orF eword, 30 J. Marshall L. Rev. 907 (1997) https://repository.law.uic.edu/lawreview/vol30/iss4/1 This Symposium is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. SYMPOSIUM THE ROLE OF RACE-BASED JURY NULLIFICATION IN AMERICAN CRIMINAL JUSTICE FOREWORD TIMOTHY P. O2NEILL* This issue of The John Marshall Law Review presents an im- portant dialogue on the issue of jury nullification. It is an adapta- tion of the transcript of a program held last April 7 at The John Marshall Law School in Chicago featuring Professor Paul Butler, Associate Professor at the George Washington University School of Law; Professor Andrew Leipold, Associate Professor at the Uni- versity of Illinois College of Law; and the Honorable Charles P. Kocoras of the United States District Court for the Northern Dis- trict of Illinois. The specific area of discussion was Professor But- ler's controversial proposal that African-American jurors should engage in jury nullification in cases in which an African-American defendant is charged with a victimless crime.' The broader topic, however, was what role-if any-jury nullification should play in the American criminal justice system.
    [Show full text]
  • This Year's Emmy Awards Noms Here
    FOR IMMEDIATE RELEASE 2017 EMMY® AWARDS NOMINATIONS FOR PROGRAMS AIRING JUNE 1, 2016 – MAY 31, 2017 Los Angeles, CA, July 13, 2017– Nominations for the 69th Emmy® Awards were announced today by the Television Academy in a ceremony hosted by Television Academy Chairman and CEO Hayma Washington along with Anna Chlumsky from the HBO series Veep and Shemar Moore from CBS’ S.W.A.T. "It’s been a record-breaking year for television, continuing its explosive growth,” said Washington. “The Emmy Awards competition experienced a 15 percent increase in submissions for this year’s initial nomination round of online voting. The creativity and excellence in presenting great storytelling and characters across a multitude of ever-expanding entertainment platforms is staggering. “This sweeping array of television shows ranges from familiar favorites like black- ish and House of Cards to nominations newcomers like Westworld, This Is Us and Atlanta. The power of television and its talented performers – in front of and behind the camera – enthrall a worldwide audience. We are thrilled to once again honor the very best that television has to offer.” This year’s seven Drama Series nomInees include five first-timers dIstrIbuted across broadcast,Deadline cable and dIgItal Platforms: Better Call Saul, The Crown, The Handmaid’s Tale, House of Cards, Stranger Things, This Is Us and Westworld. NomInations were also sPread over dIstrIbution Platforms In the OutstandIng Comedy Series category, with newcomer Atlanta joined by the acclaimed black-ish, Master of None, Modern Family, Silicon Valley, Unbreakable Kimmy Schmidt and Veep. Saturday Night Live and Westworld led the tally for the most nomInations (22) In all categories, followed by Stranger Things and FEUD: Bette and Joan (18) and Veep (17).
    [Show full text]
  • When Judges Lie (And When They Should)
    BUTLER_5FMT 6/15/2007 10:53:19 AM Article When Judges Lie (and When They Should) Paul Butler† What should a judge do when she must apply law that she believes is fundamentally unjust?1 The problem is as old as slavery. It is as contemporary as the debates about capital pun- ishment and abortion rights. In a seminal essay, Robert Cover described four choices that a judge has in such cases. She can (1) apply the law even though she thinks it is immoral; (2) openly reject the law; (3) resign; or (4) subvert the law by pretending that it supports the outcome that the judge desires, even though the judge does not actually believe that it does.2 This Article demonstrates that the fourth choice—judicial “subversion” or lying—is far more common than is openly ac- knowledged. This Article identifies some cases in which judges intentionally have framed the law to achieve a particular out- come. This Article also suggests that this kind of lie is occa- sionally justified. Sometimes it is the best of the imperfect choices that judges have when they are confronted with unjust † Carville Dickinson Benson Research Professor of Law, George Wash- ington University. B.A., Yale University; J.D., Harvard University. Drafts of this Article were presented at faculty workshops at Georgetown Law School, Georgia State Law School, George Washington University Law School, North- eastern Law School, and UCLA Law School. I owe a special debt of gratitude to Hope Lewis, Dan Solove, and Bob Tuttle. Thanks also to Stephen Bain- bridge, Monroe Freedman, Mitu Gulati, Alex Kozinski, Spencer Overton, Ellen Podgor, William Rubenstein, and Gerry Spann.
    [Show full text]
  • Poor People Lose: Gideon and the Critique of Rights Abstract
    2176.BUTLER.2204_UPDATED.DOCX7/1/2013 12:28:47 PM Paul D. Butler Poor People Lose: Gideon and the Critique of Rights abstract. A low income person is more likely to be prosecuted and imprisoned post-Gideon than pre-Gideon. Poor people lose in American criminal justice not because they have ineffective lawyers but because they are selectively targeted by police, prosecutors, and law makers. The critique of rights suggests that rights are indeterminate and regressive. Gideon demonstrates this critique: it has not improved the situation of most poor people, and in some ways has worsened their plight. Gideon provides a degree of legitimacy for the status quo. Even full enforcement of Gideon would not significantly improve the loser status of low-income people in American criminal justice. author. Professor, Georgetown University Law Center; Yale College, B.A.; Harvard Law School, J.D. For helpful comments on this Essay, I thank Kristin Henning, Allegra McLeod, Gary Peller, Louis Michael Seidman, Abbe Smith, Robin West, and the participants in a faculty workshop at Florida State University College of Law. I am also grateful for the excellent editorial assistance of Robert Quigley, Yale Law School, J.D. 2014. 2176 poor people lose essay contents introduction 2178 i. how poor people lose in american criminal justice 2179 ii. the critique of rights 2187 iii. the critique of rights, applied to gideon 2190 A. The Liberal Overinvestment in Rights 2190 B. The Indeterminacy of Rights 2192 C. Rights Discourse and Mystification 2194 D. Isolated Individualism 2195 E. Rights Discourse as an Impediment to Progressive Social Movements 2196 iv.
    [Show full text]