In Memoriam: Benjamin Kaplan
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Tesis Doctoral Oliver Wendell Holmes Jr. Y Su Obra
TESIS DOCTORAL OLIVER WENDELL HOLMES JR. Y SU OBRA: UNA FUSIÓN SISTEMÁTICO-EXISTENCIAL Dirigida por el Dr. Francisco Caballero Harriet Catedraticó de la Facultad de Derecho de la Universidad del Paiś Vasco (UPV/EHU) Presentada por: Orlando G. Portela Valentín 2015 2 La lucha nunca cesa. La vida es lucha toda por obtener la libertad ansiada. Lo demás es la nada, es superficie, es moda. Juan Antonio Corretjer 3 4 OLIVER WENDELL HOLMES JR. Y SU OBRA: UNA FUSIÓN SISTEMÁTICO-EXISTENCIAL INDICE Prólogo 11 Agradecimientos 17 Chapter 1 – Introduction 19 1.1 Selection of the Theme: 19 1.3 Methodology 31 1.3.1 Procedural Steps 31 1.3.2 Justification 31 1.4 Structure 33 1. 5 Delimitations 37 1.6 Limitations: 38 Capítulo 1 - Introducción 39 1.1 Problema de Investigación (Selección del tema): 39 1.2 Relevancia de la investigación. 49 1.3 Metodología 52 1.3.1 Procedimiento Utilizado 52 1.3.2 Justificación el Procedimiento 53 1.4 Partes en que se divide el trabajo 56 1. 5 Delimitaciones y Limitaciones 61 PRIMERA PARTE: Oliver Wendell Holmes, Jr: La formación de un Jurista Capítulo 2 - Formación Temprana de Oliver Wendell Holmes 64 2.1 Introducción 64 2.2 Entorno socio-cultural de la familia Holmes-Jackson 66 5 2.3 Los Padres de Oliver Wendell Holmes, Jr. 72 2.4 Vida familiar en la casa del Dr. Oliver Wendell Holmes, Sr. 84 2.5 Educación formal temprana de Oliver Wendell Holmes, Jr. 94 2.6 Estudios de Oliver Wendell Holmes, Jr. En el “Harvard College” 99 2.7 “Harvard College” y el comienzo de la Guerra Civil Norteamericana 111 2.8 Oliver Wendell Holmes Jr. -
The Gamut Archives Publications
Cleveland State University EngagedScholarship@CSU The Gamut Archives Publications Summer 1988 The Gamut: A Journal of Ideas and Information, No. 24, Summer 1988 Cleveland State University Follow this and additional works at: https://engagedscholarship.csuohio.edu/gamut_archives Part of the Arts and Humanities Commons, Business Commons, and the Social and Behavioral Sciences Commons How does access to this work benefit ou?y Let us know! Recommended Citation Cleveland State University, "The Gamut: A Journal of Ideas and Information, No. 24, Summer 1988" (1988). The Gamut Archives. 22. https://engagedscholarship.csuohio.edu/gamut_archives/22 This Book is brought to you for free and open access by the Publications at EngagedScholarship@CSU. It has been accepted for inclusion in The Gamut Archives by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. First Prize $1 ,000 Three Second Prizes of $250 each The four winning entries will be published in The Gamut in 1989. MANUSCRIPT REOUIREMENTS Entry should be ashort story between 1000 and 5000 words long. Entries must be original , previously unpublished, and not under consideration elsewhere. Each entry should be typed (or printed in near letter quality), with adark ribbon, double spaced. Clear photocopies are acceptable. Pages should be numbered , with author's name or short title on each sheet. A cover sheet should include the title, number of words, and author's name, address, phone number, and social security number. , ENTRY FEE Each entry must be accompanied by a fee of $5 .00 . Make checks payable to The Gamut. One entry fee is waived for each subscriber to The Gamut. -
Cornell Alumni Magazine
c1-c4CAMso13_c1-c1CAMMA05 8/15/13 11:02 AM Page c1 September | October 2013 $6.00 Alumni Magazine CorneOWNED AND PUBLISHED BY THE CORNELL ALUMNI ASSOCIATION Overrated? Duncan Watts, PhD ’97, on why the Mona Lisa may not be all it’s cracked up to be Inside: Celebrating Reunion 2013 Dealing with deer cornellalumnimagazine.com c1-c4CAMso13_c1-c1CAMMA05 8/15/13 12:39 PM Page c2 01-01CAMso13toc_000-000CAMJF07currents 8/15/13 10:40 AM Page 1 September/October 2013 Volume 116 Number 2 In This Issue Corne Alumni Magazine 2 From David Skorton Going online 4 The Big Picture Holy cows! 6 Correspondence An activist reflects 10 Letter from Rwanda Art therapy 12 From the Hill State Street goes modern 44 16 Sports Hall of famers 20 Authors 2001: An NYC odyssey 42 Wines of the Finger Lakes Lakewood Vineyards 2012 Dry Riesling 56 Classifieds & Cornellians in Business 57 Alma Matters 50 22 60 Class Notes 95 Alumni Deaths 44 It’s Complicated 96 Cornelliana War and remembrance BETH SAULNIER As the saying goes: “It’s only common sense.” But for Duncan Watts, PhD ’97, com- mon sense isn’t a dependable source of folksy wisdom—in fact, it can be reductive Currents and even dangerous. In Everything Is Obvious, Once You Know the Answer, the sociologist and network theorist explores “the wisdom and madness of crowds.” The newly minted A. D. White Professor-at-Large argues that complex problems 22 Let’s Get Together like financial crises require equally complex answers—and sophisticated analysis— More from Reunion 2013 and that the popularity of everything from the Mona Lisa to Harry Potter can essen- tially be termed a fluke. -
Benjamin Kaplan
In Memoriam: Benjamin Kaplan The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Lloyd L. Weinreb, In Memoriam: Benjamin Kaplan, 124 Harv. L. Rev. 1359 (2011). Published Version http://www.harvardlawreview.org/media/pdf/ vol124_kaplan_tribute.pdf Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:10906930 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Open Access Policy Articles, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#OAP VOLUME 124 APRIL 2011 NUMBER 6 © 2011 by The Harvard Law Review Association IN MEMORIAM: BENJAMIN KAPLAN The editors of the Harvard Law Review respectfully dedicate this issue to Professor Emeritus Benjamin Kaplan. ∗ Justice Stephen G. Breyer When I think of Ben Kaplan’s work, I recall a passage in Conrad’s Heart of Darkness.1 Marlow is looking at the wreck of a ship that he needs to proceed upriver. Someone asks in a philosophical tone of voice, what is it that a man needs? What is it that a man wants? Mar- low thinks to himself, “What . did I want? What I really wanted was rivets, by Heaven! Rivets.”2 Why did this passage spring to mind about fifteen years ago when I was asked about Ben’s professional accomplishments? I thought of Conrad in part because Ben, like Felicia, loved to read. They read everything worth reading. And Ben liked Conrad. I thought of Marlow and rivets in part because of Ben’s habit of using metaphors in class. -
The Recording Industry V. James Madison, Aka “Publius”: the Inversion of Culture and Copyright
The Recording Industry v. James Madison, aka “Publius”: The Inversion of Culture and Copyright Liam Séamus O’Melinn∗ I. COPYRIGHT BEFORE CULTURE: THE RECORDING INDUSTRY V. JAMES MADISON, AKA “PUBLIUS” In midsummer, the recording industry stunned the nation by an- nouncing its intention to file suit against the estate of Founding Father and former President James Madison. An industry spokesman declared that Madison would be sued for plagiarism and copyright infringement and that the industry would ask for injunctive relief as well as statutory damages: We are bringing this suit in order to show people that even those who placed the intellectual property clause in the Constitution are not immune to its strictures. Most people who revere the Founding Fathers do not realize just how dishonest they really were. We will not allow a Pirate to hide behind the mantle of President, and we know only too well how to expose the identities of pirates who seek the shield of anonymity. ‘Publius’ will be treated no differently. In response to a question about whether Madison’s intimate connection with the Patent and Copyright Clause of the Constitution should afford him a special place in understanding the purpose and extent of the copy- right power, the spokesman replied, “The true father of American copy- right is an English philosopher named John Locke, who understood so much better than our own Founders what the purpose of American copy- right was.” He further indicated that two more defendants would be named: Madison’s alma mater, Princeton University, because the university had “for more than 250 years ignored its obligation to teach its students that ∗ Professor of Law, Pettit College of Law, Ohio Northern University. -
The Massachusetts Constitution—The Last Thirty Years
WILKINS_LEAD_MACRO 6/6/2011 9:16 PM The Massachusetts Constitution—The Last Thirty Years Herbert P. Wilkins1 The Constitution of the Commonwealth has never been more significant for the rights of individuals than in the past thirty years. Although the greater impact has been on the rights of criminal defendants, the Constitution’s influence on civil relationships has been substantial, as indicated most particularly by Goodridge v. Department of Public Health2 on the right to same-sex marriage. In 1980, this law review published my article comparing the treatment of similar provisions of the Federal Constitution and the State Constitution.3 My current effort is, in a sense, an updating of the 1980 article. Before 1980, there were only a handful of cases that foretold the impending impact of the Supreme Judicial Court’s independent treatment of provisions in the State Constitution that had parallels in the Federal Constitution. For example, Commonwealth v. Soares4 barred racial discrimination in the use of peremptory challenges to prospective jurors well before the Supreme Court did so in Batson v. Kentucky.5 As will be seen, many Massachusetts cases rejected positions then taken by the Supreme Court, and others reached results unlikely to be acceptable to it. Thus, this article, unlike the 1980 article, identifies many instances in which the Constitution of the Commonwealth, particularly its Declaration of Rights, dictated positions not established under the Federal Constitution. The most that I could say in the 1980 article was that In recent years, the Supreme Judicial Court has exercised the option to impose higher state constitutional standards in some instances and, in many other 1. -
Viewpoint Discrimination Marjorie Heins
Hastings Constitutional Law Quarterly Volume 24 Article 3 Number 1 Fall 1996 1-1-1996 Viewpoint Discrimination Marjorie Heins Follow this and additional works at: https://repository.uchastings.edu/ hastings_constitutional_law_quaterly Part of the Constitutional Law Commons Recommended Citation Marjorie Heins, Viewpoint Discrimination, 24 Hastings Const. L.Q. 99 (1996). Available at: https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol24/iss1/3 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Constitutional Law Quarterly by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Viewpoint Discrimination By MARJORIE HEINS* Table of Contents I. The Semantics of Suppression .......................... 105 A. Viewpoint Neutrality ................................ 105 B. Rules About Content ............................... 110 C. Political, Controversial, and Religious Speech ...... 115 II. Sex, Vulgarity, and Offensiveness ....................... 122 m. Government Benefits and Property ..................... 136 IV. Government Speech .................................... 150 V. Public Education: The Pico Paradox .................... 159 Conclusion ..................................................... 168 Introduction "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in poli- tics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."1 With these words, Jus- * Director, American Civil Liberties Union Arts Censorship Project; Senior Staff Counsel, ACLU Legal Department; J.D., Harvard University, 1978; author, SEx, SIN, AND BLASPHEMY: A GuIDE TO AMERICA'S CENSORSHIP WARS (1993). The author participated in several of the cases or controversies mentioned in this Article. -
On Protecting Children—From Censorship: a Reply to Amitai Etzioni
Chicago-Kent Law Review Volume 79 Issue 1 Symposium: Do Children Have the Article 8 Same First Amendment Rights as Adults? April 2004 On Protecting Children—From Censorship: A Reply to Amitai Etzioni Marjorie Heins Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the First Amendment Commons, Internet Law Commons, and the Juvenile Law Commons Recommended Citation Marjorie Heins, On Protecting Children—From Censorship: A Reply to Amitai Etzioni, 79 Chi.-Kent L. Rev. 229 (2004). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol79/iss1/8 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. ON PROTECTING CHILDREN-FROM CENSORSHIP: A REPLY TO AMITAI ETZIONI MARJORIE HEINS* INTRODUCTION Concerns about sex and violence in the media, and their possible ill effects on young people, continue to drive our cultural politics. The topic has intrigued me for at least a decade-ever since, as an ACLU lawyer in the 1990s, I began to wonder about the underlying basis for the widespread assumption that minors are harmed by sexual or vio- lent content in art and entertainment. This curiosity eventually led me to leave the ACLU and begin writing Not in Front of the Children: "Indecency," Censorship, and the Innocence of Youth.' My comments here in response to Amitai Etzi- oni's 2 thoughtful, well-intentioned, but ultimately superficial argu- ment for Internet filters and other restrictions aimed at youth are partly drawn from my research for Not in Front of the Children. -
Supreme Judicial Court for the Commonwealth Full Court: SJC-12777 Filed: 10/17/2019 3:46 PM
Supreme Judicial Court for the Commonwealth Full Court: SJC-12777 Filed: 10/17/2019 3:46 PM COMMONWEALTH OF MASSACHUSETTS Supreme Judicial Court NO. SJC-12777 FREDDIE CARRASQUILLO, and all other similarly situated defendants in Hampden County, PETITIONERS-APPELLANTS, v. HAMPDEN COUNTY DISTRICT COURTS, RESPONDENT-APPELLEE. ON RESERVATION AND REPORT FROM THE SUPREME JUDICIAL COURT FOR THE COUNTY OF SUFFOLK BRIEF OF AMICI CURIAE HAMPDEN COUNTY LAWYERS FOR JUSTICE AND THE MASSACHUSETTS ASSOCIATION OF CRIMINAL DEFENSE LAWYERS IN SUPPORT OF PETITIONERS-APPELLANTS David P. Hoose, BBO #239400 Chauncey B. Wood, BBO #600354 HAMPDEN COUNTY LAWYERS FOR MASSACHUSETTS ASSOCIATION OF JUSTICE CRIMINAL DEFENSE LAWYERS 50 State Street 50 Congress Street, Suite 600 Springfield, MA 01103 Boston, MA 02109 (413) 732-7110 (617) 776-1851 [email protected] [email protected] Robert E. McDonnell, BBO #331470 Matthew R. Segal, BBO #654489 Timothy P. Burke, BBO #558893 Jessica Lewis, BBO #704229 Matthew T. Bohenek, BBO #684659 AMERICAN CIVIL LIBERTIES UNION MORGAN LEWIS & BOCKIUS, LLP FOUNDATION OF MASSACHUSETTS, INC. One Federal Street 211 Congress Street Boston, MA 02110 Boston, MA 02110 (617) 951-8000 (617) 482-3170 [email protected] [email protected] 1 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................................................................... 4 CORPORATE DISCLOSURE STATEMENT ....................................................... 8 RULE 17(C)(5) DECLARATION .......................................................................... -
COLUMBIA LAW SCHOOL Magazine Summer 2011 News Events
Fromthe Dean On May 16, family, friends, and faculty gathered in Morningside Heights to celebrate Columbia Law School’s graduating Class of 2011. Prior to the commencement keynote address by United States Department of the Treasury General Counsel George W. Madison ’80, David M. Schizer, Dean and the Lucy G. Moses Professor of Law, welcomed the graduates and their guests. An excerpt of those remarks follows. Great societies look to the future. They are willing to make I don’t mean to suggest that there is only one way to solve sacrifices today in order to make the world better tomorrow. these problems. A number of approaches to taxes and gov- That spirit helped to create the freedom and prosperity that ernment spending could address these issues, and reasonable we now enjoy. people can disagree about which are best. And we need to keep it going. You are doing exactly what What is essential, though, is for us all to recognize that you are supposed to do. You have made sacrifices to get an what’s at stake is not—and cannot be—the comfort of current education. You have invested in the future, developing profes- generations only. We need to protect the interests of people sional skills that will stay with you for the rest of your life. who are not yet old enough to vote. Generations before us But I worry that not enough people are doing what you are have sacrificed to give us the extraordinary opportunities doing. I worry that the spirit of forward-looking sacrifice is that we have today, and we owe it to future generations to do waning. -
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. -
Spring 2018 Commencement Program
TE TA UN S E ST TH AT I F E V A O O E L F A DITAT DEUS N A E R R S I O Z T S O A N Z E I A R I T G R Y A 1912 1885 ArizonA StAte UniverSity CommenCement And ConvoCAtion ProgrAm Spring 2018 May 7–11, 2018 The NaTioNal aNThem The STar-SpaNgled BaNNer O say can you see, by the dawn’s early light, What so proudly we hailed at the twilight’s last gleaming? Whose broad stripes and bright stars through the perilous fight O’er the ramparts we watched, were so gallantly streaming? And the rockets’ red glare, the bombs bursting in air Gave proof through the night that our flag was still there. O say does that Star-Spangled Banner yet wave O’er the land of the free and the home of the brave? alma maTer ariZoNa STaTe UNiVerSiTY Where the bold saguaros Raise their arms on high, Praying strength for brave tomorrows From the western sky; Where eternal mountains Kneel at sunset’s gate, Here we hail thee, Alma Mater, Arizona State. —Hopkins-Dresskell marooN aNd gold Fight, Devils down the field Fight with your might and don’t ever yield Long may our colors outshine all others Echo from the buttes, Give em’ hell Devils! Cheer, cheer for A-S-U! Fight for the old Maroon For it’s Hail! Hail! The gang’s all here And it’s onward to victory! Students whose names appear in this program are candidates for the degrees listed, which will be conferred subject to completion of requirements.