Norman Dorsen
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Tributes to Derrick Bell
35559-nys_69-1 Sheet No. 4 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 7 20-OCT-14 8:41 This Volume of New York University Annual Survey of American Law is respectfully dedicated in memoriam to DERRICK BELL VISITING PROFESSOR, NEW YORK UNIVERSITY SCHOOL OF LAW 35559-nys_69-1 Sheet No. 4 Side A 10/20/2014 11:50:05 35559-nys_69-1 Sheet No. 4 Side B 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 8 20-OCT-14 8:41 35559-nys_69-1 Sheet No. 4 Side B 10/20/2014 11:50:05 PROFESSOR DERRICK BELL 35559-nys_69-1 Sheet No. 5 Side A 10/20/2014 11:50:05 \\jciprod01\productn\n\nys\69-1\FRONT691.txt unknown Seq: 9 20-OCT-14 8:41 IN MEMORIAM: DERRICK BELL (1930–2011) Derrick Bell was a full-time visiting professor at N.Y.U. School of Law from 1990 until he passed away on October 5, 2011. For more than fifty years, Professor Bell profoundly shaped the legal commu- nity with his unwavering passion for civil rights and community jus- tice, and through his leadership as a scholar, teacher, and activist. As a devoted professor of constitutional law, Professor Bell instilled in his students a deep sense of professional and ethical responsibility and encouraged them to confront complex issues about race and difference. Professor Bell received his undergraduate degree from Du- quesne University and served as a lieutenant in the U.S. -
A TALE of TWO HANDS: One Clapping; One Not
A TALE OF TWO HANDS: One Clapping; One Not Burt Neuborne* My thanks to the editors of the Arizona State Law Journal for organizing this symposium celebrating the 100th anniversary of Judge Learned Hand’s brilliant and courageous, if unsuccessful, effort in Masses Publishing Co. v. Patten1 to slow down the repressive train that was running amok over Americans who vigorously spoke out against America’s entry into World War I. While many have chronicled the major Supreme Court cases from Schenck to Gitlow failing to protect free speech during and after World War I,2 they usually don’t go beneath the surface of the Supreme Court to plumb the massive wave of repression that swept the nation in the summer and fall of 1917, fanned by jingoism, fear of immigrants, war fever, fear of communism, and President Woodrow Wilson’s streak of fanaticism.3 Convinced that he was doing God’s work in committing the nation to a war to make the world safe for democracy, Wilson, a baffling figure who was an appalling racist, an economic reformer, an idealistic internationalist, and the first President to appoint a Jew to the Supreme Court,4 had no qualms about * Norman Dorsen Professor in Civil Liberties, New York University School of Law. I’m sorry that we lost my longtime friend and colleague, Norman Dorsen, who died on July 1, 2017, before he had a chance to join in the festivities. Much of what I say in this essay emerged from almost fifty years of conversations with Norman. We would have enjoyed writing this one together. -
Department of Legal Studies University of Massachusetts-Amherst 110 Gordon Hall 418 N
THOMAS M. HILBINK Department of Legal Studies University of Massachusetts-Amherst 110 Gordon Hall 418 N. Pleasant Street, Suite C Amherst, MA 01002 413-545-2003 413-545-1640 (fax) [email protected] www.umass.edu/legal/Hilbink EDUCATION Ph.D. Candidate New York University Institute for Law & Society (A.B.D.) J.D. New York University School of Law (Magna Cum Laude), 1999 A.B. Columbia College (Columbia University), 1993 PROFESSIONAL POSITIONS Assistant Professor, Department of Legal Studies, University of Massachusetts at Amherst, 2003 - present. Fellow/Lecturer, Law & Society Program, University of California-Santa Barbara, 2002-2003. Law Clerk, Judge Stephanie Seymour, United States Court of Appeals for the Tenth Circuit, 2001-2002. Consulting Historian, American Civil Liberties Union National Legal Department, 2001. Fellow, Public Interest Law Center, NYU School of Law, 2001. Curriculum Developer, Education for Democracy Project, NYU School of Education, Summer 2000. Oral Historian, Supreme Court Historical Society Project on the Office of Solicitor General, Washington, D.C., Summer 2000. CEO and Co-Director, Democracy & Equality Project, Inc., Brooklyn, NY, 1999-2001. Intern, International Law Commission of the United Nations, Geneva, Switzerland, Summer 1998. Curriculum Developer, S.O.S. Racisme-Catalunya, Barcelona, Spain, Summer 1997. Intern, Chief Justice Shirley Abrahamson, Supreme Court of Wisconsin, Madison, WI, Summer 1996. Assistant to the President, American Civil Liberties Union, New York, NY, 1993-1995. Archivist, American Civil Liberties Union, New York, NY, 1991-1993. HONORS AND AWARDS 2001 J. Willard Hurst Legal History Fellow, University of Wisconsin 2001 Law & Society Association Graduate Student Workshop Grant 1999 Order of the Coif 1999 Law & Society Association Graduate Student Workshop Grant 1998 United Nations International Law Commission Fellow 1997 Robert McKay Scholar 1996-pres. -
Convert Finding Aid To
Morris Leopold Ernst: An Inventory of His Papers at the Harry Ransom Center Descriptive Summary Creator: Ernst, Morris Leopold, 1888-1976 Title: Morris Leopold Ernst Papers Dates: 1904-2000, undated Extent: 590 boxes (260.93 linear feet), 47 galley folders (gf), 30 oversize folders (osf) Abstract: The career and personal life of American attorney and author Morris L. Ernst are documented from 1904 to 2000 through correspondence and memoranda; research materials and notes; minutes, reports, briefs, and other legal documents; handwritten and typed manuscripts; galley proofs; clippings; scrapbooks; audio recordings; photographs; and ephemera. The papers chiefly reflect the variety of issues Ernst dealt with professionally, notably regarding literary censorship and obscenity, but also civil liberties and free speech; privacy; birth control; unions and organized labor; copyright, libel, and slander; big business and monopolies; postal rates; literacy; and many other topics. Call Number: Manuscript Collection MS-1331 Language: English Note: The Ransom Center gratefully acknowledges the assistance of the National Endowment for the Humanities, which provided funds for the preservation and cataloging of this collection. Access: Open for research Administrative Information Acquisition: Gifts and purchases, 1961-2010 (R549, R1916, R1917, R1918, R1919, R1920, R3287, R6041, G1431, 09-06-0006-G, 10-10-0008-G) Processed by: Nicole Davis, Elizabeth Garver, Jennifer Hecker, and Alex Jasinski, with assistance from Kelsey Handler and Molly Odintz, 2009-2012 Repository: The University of Texas at Austin, Harry Ransom Center Ernst, Morris Leopold, 1888-1976 Manuscript Collection MS-1331 Biographical Sketch One of the most influential civil liberties lawyers of the twentieth century, Morris Ernst championed cases that expanded Americans' rights to privacy and freedom from censorship. -
The Clerks of the Four Horsemen, 39 J
Notre Dame Law School NDLScholarship Journal Articles Publications 2014 The leC rks of the Four Horsemen Barry Cushman Notre Dame Law School, [email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Courts Commons, and the Legal Commons Recommended Citation Barry Cushman, The Clerks of the Four Horsemen, 39 J. Sup. Ct. Hist. 386 (2014). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/628 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. The Clerks of the Four Horsemen (Part I) BARRY CUSHMAN Recent years have witnessed a flowering Clark McReynolds, George Sutherland, and of scholarship concerning the Supreme Court Pierce Butler—thus have received little clerkship. Yet most of this literature focuses on attention. With the exception of Sutherland, the more modern Justices. And for the Justices these more “conservative” contemporaries of who served in the years between Justice Holmes and Brandeis are typically rated as Horace Gray’s appointment in 1882, when the judicial “failures.”1 The biographical litera- Supreme Court clerkship was created, and ture on each of them is not nearly as thick,2 Franklin D. Roosevelt’s appointment of Hugo and the remaining private papers are neither as Black in 1937, the literature leans heavily extensive nor as revealing.3 And only two of toward those generally thought to be “liberal”: the thirty‐five young men who clerked for Oliver Wendell Holmes, Jr., Louis D. -
Tribute to Norman Dorsen
TRIBUTE TO NORMAN DORSEN I am honored to have the opportunity to write about Norman Dorsen. My relationship with Norman began when I was a law stu dent. I am one of some 200 people who have been Arthur Garfield Hays fellows (or fellowettes), a program created by Norman Dorsen at New York University School of Law. When I was a "Hays," Nor man ran the program with Professor Sylvia Law; more recently, they have beenjoined by Professor Helen Hershkoff. I am therefore the recipient of a very special education, and I will sketch briefly some of what I have learned as a student of Norman's. A word of explanation is in order about the Hays Fellowship. In 1958, a fund was endowed at NYU School of Law in honor of Arthur Garfield Hays, the great civil libertarian. Since then, a small number of third-year NYU students annually are chosen as "Hays Fellows." As a Hays, one receives money towards tuition as well as course credits, and one does a mixture of academic research and hands-on work on issues such as free speech or welfare rights. Hays fellows have helped on many cases that went to the Supreme Court (such as Flast v. Cohen,l the Pentagon Papers litigation,2 and United States v. Nixon3 ) , as well as on thousands of lawsuits in the lower courts, on topics from discriminatory denial of homeowners insur ance, to unlawful limitations of access to abortion, to refusals to treat HIV patients. While I was a Hays, in 1974-75, I worked on a First Amendment book burning case, under the tutelage of Burt Neuborne and Alan Levine, who were then at the American and the New York Civil Lib erties Unions. -
REGULATING RACIST SPEECH on CAMPUS: a MODEST PROPOSAL?T
REGULATING RACIST SPEECH ON CAMPUS: A MODEST PROPOSAL?t NADINE STROSSEN* TABLE OF CONTENTS Introduction ................................................... 487 I. Some Limited Forms of Campus Hate Speech May Be Regulable Under Current Constitutional Doctrine .......... 495 A. General ConstitutionalPrinciples Applicable to Regulating Campus Hate Speech ...................... 495 B. ParticularSpeech-Limiting Doctrines Potentially Applicable to Campus Hate Speech .................... 507 1. Fighting Words ................................... 508 2. Intentional Infliction of Emotional Distress ......... 514 t The title is drawn from Jonathan Swift's essay A Modest Proposalfor preventing the Children of poor Peoplefrom being a Burthen to their Parentsor the Country, andfor Making them Beneficial to the Public (Dublin 1729), in JONATHAN SwIFr 492 (A. Ross & D. Woolley eds. 1984). This Article not only responds to the specific points made in Lawrence, If He Hollers Let Him Go: Regulating Racist Speech on Campus, 1990 DUKE L.J. 431 [hereinafter Lawrence], but also addresses the general issues raised by the many recent proposals to regulate racist and other forms of hate speech on campus. Professor Strossen's Article, as well as Professor Lawrence's, are expanded versions of oral presentations that they made at the Biennial Conference of the American Civil Liberties Union (ACLU) in Madison, Wisconsin on June 16, 1989 (available from author). After discussion of these presentations, the Conference adopted the following resolution: The ACLU should undertake educational activities to counter incidents of racist, sexist, anti-semitic and homophobic behavior (including speech) on school campuses and should encourage school administrators to speak out vigorously against such incidents. At the same time, the ACLU should undertake educational activities to counter efforts to limit or punish speech on university campuses. -
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I/ I I \ne l\rne{\can . C\\J\\ \..\be{t\es Dn,on ~eco{dS and . ?ub\\CO.\\Qt'\S \9'00-\9'0A \)\)oa\e Pro uesf Start here. This volume is a finding aid to a ProQuest Research Collection in Microform. To learn more visit: www.proquest.com or call (800) 521-0600 About ProQuest: ProQuest connects people with vetted, reliable information. Key to serious research, the company has forged a 70-year reputation as a gateway to the world's knowledge -from dissertations to governmental and cultural archives to news, in all its forms. Its role is essential to libraries and other organizations whose missions depend on the delivery of complete, trustworthy information. 789 E. Eisenhower Parkway • P.O Box 1346 • Ann Arbor, Ml 48106-1346 • USA •Tel: 734.461.4700 • Toll-free 800-521-0600 • www.proquest.com University Microfilms International A Bell & Howell Information Company 300 North Zeeb Road, Ann Arbor, Ml 48106-1346 USA HISTORY CREATES OUR CLIENTS: THE ACLU'S 57-YEAR RECORD by Alan Reitman Associate Director American Civil Liberties Union If this nation possesses a Constitution, a Bill of Rights, courts dedicated to legal principles, and in theory just about everybody believes individual rights should be protected impartially--of what possible use is an organization like the American Civil Liberties Union? The civil liberties chronicle of the last 57 years, which matches some of the most chaotic decades in American history, clearly reveals how badly needed is this private, non-partisan organization devoted solely to the protection of the Bill of Rights. -
Federalism, Localism, and Public Interest Advocacy
Why the Local Matters: Federalism, Localism, and Public Interest Advocacy !"#$%"&$'()*+$,*%%&-./$$ 0&1&-*+2.34$'()*+2.34$*51$$ 678+2)$95%&-&.%$:1;()*)# Papers from the Eleventh Annual Liman Colloquium! at Yale Law School, 2008 Published by the Liman Public Interest Program at Yale Law School and the National State Attorneys General Program at Columbia Law School CONTENTS ABOUT THE CONTRIBUTORS..............................................................................iii INTRODUCTION: ACTION ACROSS THE LANDSCAPE OF FEDERALISM ........ 1 Kathleen Claussen Class of 2010, Yale Law School; Member, Arthur Liman Public Interest Program Student Board Adam Grogg Class of 2010, Yale Law School; Member, Arthur Liman Public Interest Program Student Board Sarah French Russell Associate Research Scholar in Law and Clinical Lecturer in Law, Yale Law School; Director, Arthur Liman Public Interest Program I. THE ROLE OF LOCAL LEADERSHIP: REVISING THE HISTORY AND UNDERSTANDING THE PRESENT Civil Rights History Before, and Beyond, Brown ............................11 Risa Goluboff Professor of Law, Professor of History, Caddell & Chapman Research Professor, University of Virginia School of Law American Federalism and the American Civil Liberties Union ..... 21 Norman Dorsen Stokes Professor of Law, and Co-Director, Arthur Garfield Hays Civil Liberties Program, New York University Law School; former President, American Civil Liberties Union Susan N. Herman President, American Civil Liberties Union; Centennial Professor of Law, Brooklyn Law School II. STATES AND CITIES AS ADVOCATES FOR THE PUBLIC INTEREST The Progressive City ........................................................................39 Richard C. Schragger Professor of Law, Class of 1948 Professor in Scholarly Research in Law, University of Virginia School of Law !"#$%"&$'()*+$<%2++$,*%%&-./$$ San Francisco and the Rising Culture of Engagement$ in Local Public Law Offices0&1&-*+2.34$'()*+2.34$*51$678+2)$95%&-&.%$:1;()*)#........................................................................ -
Seminal Issues As Viewed Through the Lens of the Progressive Case
Yeshiva University, Cardozo School of Law LARC @ Cardozo Law Articles Faculty 2005 Transcript of Weapons of Mass Destruction, National Security, and a Free Press: Seminal Issues as Viewed through the Lens of the Progressive Case David Rudenstine Benjamin N. Cardozo School of Law, [email protected] James R. Schlesinger Norman Dorsen Robert E. Cattanach Brady Williamson See next page for additional authors Follow this and additional works at: https://larc.cardozo.yu.edu/faculty-articles Part of the Law Commons Recommended Citation David Rudenstine, James R. Schlesinger, Norman Dorsen, Robert E. Cattanach, Brady Williamson, Frank Tuerkheimer, Howard Morland, Gary Milhollin & Anthony Lewis, Transcript of Weapons of Mass Destruction, National Security, and a Free Press: Seminal Issues as Viewed through the Lens of the Progressive Case, 26 Cardozo Law Review 1337 (2005). Available at: https://larc.cardozo.yu.edu/faculty-articles/168 This Article is brought to you for free and open access by the Faculty at LARC @ Cardozo Law. It has been accepted for inclusion in Articles by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. Authors David Rudenstine, James R. Schlesinger, Norman Dorsen, Robert E. Cattanach, Brady Williamson, Frank Tuerkheimer, Howard Morland, Gary Milhollin, and Anthony Lewis This article is available at LARC @ Cardozo Law: https://larc.cardozo.yu.edu/faculty-articles/168 TRANSCRIPT OF WEAPONS OF MASS DESTRUCTION, NATIONAL SECURITY, AND A FREE PRESS: SEMINAL ISSUES AS VIEWED THROUGH THE LENS OF THE PROGRESSIVE CASE' WELCOME David Rudenstine^ It is wonderful having you all here for this very special twenty-fifth anniversary commemoration of this historic case involving the publication of the article by The Progressive magazine. -
The Scholarship of Nadine Strossen
digitalcommons.nyls.edu Faculty Scholarship Articles & Chapters 2005 Wearing Two Hats: Life as a Scholar and Activist Legal Scholarship Symposium: The cholS arship of Nadine Strossen Nadine Strossen New York Law School Follow this and additional works at: http://digitalcommons.nyls.edu/fac_articles_chapters Recommended Citation 41 Tulsa L. Rev. 611 (2005-2006) This Article is brought to you for free and open access by the Faculty Scholarship at DigitalCommons@NYLS. It has been accepted for inclusion in Articles & Chapters by an authorized administrator of DigitalCommons@NYLS. LEGAL SCHOLARSHIP SYMPOSIUM: THE SCHOLARSHIP OF NADINE STROSSEN WEARING TWO HATS: LIFE AS A SCHOLAR AND ACTIVIST Nadine Strossen* I. INTRODUCTION Let me start by again thanking Dean Robert Butkin and Professor Paul Finkelman for their graciousness toward me and my husband, Eli Noam, in hosting us here. I also am so grateful to Paul Finkelman, Rita Langford, Tulsa Law Review, and everyone else here at The University of Tulsa College of Law for their wonderful efforts in organizing this symposium, bringing together so many old friends and colleagues, and giving me the chance to meet some new ones. Among Paul's many kindnesses toward me in connection with this conference, he gave me lots of hand-holding during the summer, as I was thinking about my own remarks, which I found to be an unusually daunting prospect. Since becoming the American Civil Liberties Union ("ACLU") president, I have been making about two hundred public presentations per year, which adds up to several thousand by now, so I cannot use the excuse of being "unaccustomed to public speaking"! I am, though, very unaccustomed to public speaking about myself, especially among such an outstanding group. -
The Norman Dorsen Brief
No. 18-422 IN THE Supreme Court of the United States dROBERT RUCHO, ET AL., Appellants, —v.— COMMON CAUSE, ET AL., Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA BRIEF OF COLLEAGUES OF PROFESSOR NORMAN DORSEN AS AMICI CURIAE IN SUPPORT OF APPELLEES BURT NEUBORNE Counsel of Record 40 Washington Square South New York, New York 10012 (212) 998-6172 [email protected] Attorney for Amici Curiae Colleagues of Professor Norman Dorsen i QUESTION PRESENTED Whether an extreme partisan gerrymander that intentionally pre-selects the overwhelmingly likely winner in each of North Carolina’s 13 Congressional Districts violates the First Amendment by: 1. discriminating of the basis of viewpoint; 2. imposing depressed levels of campaign fund- ing, speech, and electoral activity typically associated with non-competitive elections; and 3. denying voters of all political stripes the ability to exercise a meaningful personal choice over who is to represent them in the legislature? ii TABLE OF CONTENTS PAGE QUESTION PRESENTED ................. i TABLE OF AUTHORITIES ................ iv INTEREST OF AMICI ..................... 1 SUMMARY OF ARGUMENT .............. 2 ARGUMENT— THE FIRST AMENDMENT BARS THE NORTH CAROLINA LEGISLATURE FROM: .................................. 7 (1) DISCRIMINATING ON THE BASIS OF VIEWPOINT IN DRAWING VIRTUALLY UNCONTESTABLE DISTRICT LINES CONCEDEDLY DESIGNED TO FAVOR A SINGLE POLITICAL PARTY; (2) LOCKING AS MANY VOTERS AS POSSIBLE INTO VIRTUALLY UNCON- TESTABLE ELECTION DISTRICTS CHARACTERIZED BY DEPRESSED AND UNEQUAL LEVELS OF CAMPAIGN SPENDING, DIMINISHED LEVELS OF POLITICAL SPEECH AND ASSOCIATION, AND DISAPPOINTING LEVELS OF VOTER PARTICIPATION; AND (3) DENYING NORTH CAROLINA VOTERS A MEANINGFUL PERSONAL CHOICE CONCERNING WHO WILL REPRESENT THEM IN CONGRESS Introduction and Factual Summary .......