Bruce Arnold Ackerman
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Henry Friendly and the Law of Federal Courts
Michigan Law Review Volume 112 Issue 6 2014 Some Kind of Judge: Henry Friendly and the Law of Federal Courts Aaron P. Brecher U.S. District Court for the Central District of California Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, Legal Biography Commons, and the Supreme Court of the United States Commons Recommended Citation Aaron P. Brecher, Some Kind of Judge: Henry Friendly and the Law of Federal Courts, 112 MICH. L. REV. 1179 (2014). Available at: https://repository.law.umich.edu/mlr/vol112/iss6/16 This Book Notice is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. BOOK NOTICE Some Kind of Judge: Henry Friendly and the Law of Federal Courts Aaron P. Brecher* Henry Friendly, Greatest Judge of His Era. By David M. Dorsen. Fore- word by Richard A. Posner. Cambridge and London: The Belknap Press of Harvard University Press. 2012. Pp. xiii, 498. $35. Introduction Uberfans¨ of the federal judiciary owe a lot to David Dorsen.1 His illumi- nating biography of Judge Henry Friendly is a fitting tribute to the contribu- tions of a jurist that many consider to be among the finest judges never to sit on the U.S. Supreme Court. Judicial biography is a difficult genre to do well,2 and most authors choose to focus on Supreme Court justices.3 But Henry Friendly, Greatest Judge of His Era is an excellent source of informa- tion on Friendly’s life and, far more important, his views on the law and his relationships with some of the most fascinating figures in twentieth-century legal history. -
An Open Letter to Congressman Gingrich
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1995 An Open Letter to Congressman Gingrich Bruce Ackerman Akhil Amar Jack Balkin Susan Low Bloch Philip Chase Bobbitt Columbia Law School, [email protected] See next page for additional authors Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Taxation-Federal Commons, and the Tax Law Commons Recommended Citation Bruce Ackerman, Akhil Amar, Jack Balkin, Susan L. Bloch, Philip C. Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein & Harry Wellington, An Open Letter to Congressman Gingrich, 104 YALE L. J. 1539 (1995). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2193 This Response/Comment is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Authors Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, and Harry Wellington This response/comment is available at Scholarship Archive: https://scholarship.law.columbia.edu/ faculty_scholarship/2193 Comment An Open Letter to Congressman Gingrich* We urge you to reconsider your proposal to amend the House Rules to require a three-fifths vote for enactment of laws that increase income taxes.' This proposal violates the explicit intentions of the Framers. -
The Interdependency of Mass Media and Social Movements
The Interdependency of Mass Media and Social Movements Rens Vliegenthart Stefaan Walgrave Abstract This chapter discusses the interaction between social movements and the mass media. It explains why and how this relationship can be seen as one of mutual dependency. Social movements need mass media attention to amplify their claims; the media attend to movements because they create newsworthy events. We take stock of the research that has been done and focus on various elements of this relationship. Following a classic political communication process approach, we first discuss the causes for media to devote attention to social movements and their events. Next, we focus on the content of this coverage and how it is analyzed by social movement scholars. Finally, we look at the various consequences of media coverage for social movements, in terms of mobilization, reaching political change and obtaining favorable public opinion. Authors’ bio Rens Vliegenthart is assistant professor in political communication in the department of Communication Science and at the Amsterdam School of Communication Research (ASCoR), University of Amsterdam. His research focuses on media-politics dynamics, with a special interest in the role of non-institutional actors, such as social movements. Furthermore, he has an interest in methods for comparative research in political communication and the application of time series analysis in that area. 1 Stefaan Walgrave is professor in political science at the University of Antwerp (Belgium) and head of the Media, Movements, and Politics research group (M²P). His research focuses mainly on media and politics and on social movements and political protest. In political communication, his main research is political agenda- setting by the mass media. -
BRBL 2016-2017 Annual Report.Pdf
BEINECKE ILLUMINATED No. 3, 2016–17 Annual Report Cover: Yale undergraduate ensemble Low Strung welcomed guests to a reception celebrating the Beinecke’s reopening. contributorS The Beinecke Rare Book and Manuscript Library acknowledges the following for their assistance in creating and compiling the content in this annual report. Articles written by, or adapted from, Phoenix Alexander, Matthew Beacom, Mike Cummings, Michael Morand, and Eve Neiger, with editorial guidance from Lesley Baier Statistics compiled by Matthew Beacom, Moira Fitzgerald, Sandra Stein, and the staff of Technical Services, Access Services, and Administration Photographs by the Beinecke Digital Studio, Tyler Flynn Dorholt, Carl Kaufman, Mariah Kreutter, Mara Lavitt, Lotta Studios, Michael Marsland, Michael Morand, and Alex Zhang Design by Rebecca Martz, Office of the University Printer Copyright ©2018 by Yale University facebook.com/beinecke @beineckelibrary twitter.com/BeineckeLibrary beinecke.library.yale.edu SubScribe to library newS messages.yale.edu/subscribe 3 BEINECKE ILLUMINATED No. 3, 2016–17 Annual Report 4 From the Director 5 Beinecke Reopens Prepared for the Future Recent Acquisitions Highlighted Depth and Breadth of Beinecke Collections Destined to Be Known: African American Arts and Letters Celebrated on 75th Anniversary of James Weldon Johnson Collection Gather Out of Star-Dust Showcased Harlem Renaissance Creators Happiness Exhibited Gardens in the Archives, with Bird-Watching Nearby 10 344 Winchester Avenue and Technical Services Two Years into Technical -
Who Are “The People”? Introduction
WHO ARE “THE PEOPLE”? ROMAN J. HOYOS* INTRODUCTION ........................................................................................ 26 I. THE PEOPLE AND THE POPULAR TURN ................................................ 31 A. Who are the People?: The Other Question .............................. 31 B. Ackerman and the Procedural People ..................................... 34 C. Amar and the Textual People ................................................... 41 D. Kramer and the Interpreting People ....................................... 45 E. The Popular Turn’s People ...................................................... 53 II. CARL SCHMITT’S PEOPLE ................................................................... 54 A. The Three Moments of Democracy ......................................... 55 B. Sovereignty and the Exception ................................................ 57 C. Dictatorship ............................................................................ 60 D. Acclamation ............................................................................. 67 E. Schmitt’s People ....................................................................... 73 III. SCHMITT AND THE POPULAR TURN ................................................... 74 A. Amar and the Constituent Power ............................................. 75 B. Ackerman and the Exception .................................................... 78 C. The Popular Turn and Acclamation ....................................... 82 D. Schmitt, the Popular Turn, and the -
The Sixties Counterculture and Public Space, 1964--1967
University of New Hampshire University of New Hampshire Scholars' Repository Doctoral Dissertations Student Scholarship Spring 2003 "Everybody get together": The sixties counterculture and public space, 1964--1967 Jill Katherine Silos University of New Hampshire, Durham Follow this and additional works at: https://scholars.unh.edu/dissertation Recommended Citation Silos, Jill Katherine, ""Everybody get together": The sixties counterculture and public space, 1964--1967" (2003). Doctoral Dissertations. 170. https://scholars.unh.edu/dissertation/170 This Dissertation is brought to you for free and open access by the Student Scholarship at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be from any type of computer printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. -
Bruce Ackerman
BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington. -
Working Class
A NEW WORKING CLASS Students for a Democratic Society and the United Auto Workers in the Sixties Amanda L. Bullock A NEW WORKING CLASS: Students for a Democratic Society and the United Auto Workers in the Sixties by Amanda Leigh Bullock A thesis submitted in partial fulfillment of the requirements for the degree of Bachelors of the Arts with Honors Department of History University of Michigan March 27, 2006 Advised by: Professor Matthew D. Lassiter © 2006 Amanda Leigh Bullock TABLE OF C ONTENTS ACKNOWLEDGMENTS II INTRODUCTION: STUDENTS, MIDDLE AMERICANS, AND CLASS CONSCIOUSNESS 1 DEMOCRATIC DISSENT 4 HISTORIOGRAPHY 7 CHAPTER ONE: NATURAL ALLIES? 15 THE LEAGUE FOR INDUSTRIAL DEMOCRACY 17 THE PORT HURON STATEMENT: “AN AGENDA FOR A GENERATION” 19 THE “OLD” LEFT 23 THE NEW LEFT: THE NATURAL ALLIANCE OF THE LABOR AND CIVIL RIGHTS MOVEMENTS? 27 STUDENTS AND LABOR 30 AUTONOMY 36 CHAPTER TWO: THE WAR ON POVERTY AND THE NEW INSURGENCY 42 THE CITIZENS’ CRUSADE AGAINST POVERTY 46 INSURGENCY TO THE WAR ON POVERTY 53 FROM FAYETTE COUNTY TO THE GHETTO 56 “AN INTERRACIAL MOVEMENT OF THE POOR” 60 THE FAILURE OF ERAP 67 FAILURE: THE CAMPUS VERSUS THE COMMUNITY 67 FAILURE: THE IMPOSSIBILITY OF AN EXPERIMENTAL PROJECT 71 FAILURE: THE ESCALATION OF THE VIETNAM WAR 73 THE LEGACY OF THE ECONOMIC RESEARCH AND ACTION PROJECT 75 CHAPTER THREE: IMPLOSION 79 THE ANTI-WAR MOVEMENT: SDS OUTGROWS ITSELF 81 STUDENTS FOR A DEMOCRATIC SOCIETY’S 1968 WORK-IN 90 THE 1968 DEMOCRATIC NATIONAL CONVENTION 94 THE DEATH OF SDS 101 THE TROUBLED AMERICANS 106 PRIMARY SOURCES 113 BIBLIOGRAPHY 115 ii ACKNOWLEDGMENTS First, I am indebted to Professor Matt Lassiter, without whose guidance and patience I never could have accomplished this. -
Beinecke Illuminated, No. 6, 2019–20 Annual Report
BEINECKE ILLUMINATED No. 6, 2019–20 Annual Report Front cover: Photograph of the scultpure garden by Iwan Baan. Back cover: Dr. Walter Evans, Melissa Barton, and Edwin C. Schroeder reviewing the Walter O. Evans Collection of Frederick Douglass and Douglass Family Papers. Contributors The Beinecke Rare Book & Manuscript Library acknowledges the following for their assistance in creating and compiling the content in this annual report. Articles written by, or adapted from, Michael Morand and Michael Cummings, with editorial assistance from David Baker, Bianca Ibarlucea, and Eva Knaggs. Statistics compiled by Ellen Doon, Moira Fitzgerald, Eric Friede, Michael Morand, Audrey Pearson, Allison Van Rhee, and the staff of Technical Services, Access Services, and Administration. Photographs of Beinecke Library events, exhibitions, and materials by Tubyez Cropper, Dante Haughton, and Michael Morand; Windham-Campbell Prize image from YaleNews; Georgia O’Keeffe manuscript images courtesy of Sotheby’s; Wayne Koestenbaum photo by Tim Schutsky; photograph of Matthew Dudley and Ozgen Felek by Michael Helfenbein. Design by Rebecca Martz, Office of the University Printer. Copyright ©2020 by Yale University facebook.com/beinecke @beineckelibrary twitter.com/BeineckeLibrary beinecke.library.yale.edu subsCribe to library news subscribe.yale.edu BEINECKE ILLUMINATED No. 6, 2019–20 Annual Report 4 From the Director 5 Exhibitions and Events Beyond Words: Experimental Poetry & the Avant-Garde Drafting Monique Wittig Subscribed: The Manuscript in Britain, 1500–1800 -
Constitutional Moments and Punctuated Equilibria: a Political Scientist Confronts Bruce Ackerman's We the People
Constitutional Moments and Punctuated Equilibria: A Political Scientist Confronts Bruce Ackerman's We the People Walter Dean Burnhamt INTRODUCTION AND OVERVIEW For some years past, Professor Bruce Ackerman has been engaged in a mighty effort to reconceptualize American constitutional development. We the People: Foundations,1 sets forth his basic model. This model can be said to rest on a liberal, historicist (or contextualist) perspective on the subject, a perspective in sharp conflict with a standard narrative that has held sway in the relevant research community. Anyone who proposes a new paradigm in any scholarly field is nearly certain to prompt controversy, and Professor Ackerman is no exception to this rule. As a political scientist, albeit one with some background in American constitutional law and history, I necessarily bring an outsider's perspective to these intramural controversies. But this monumental work, now completed through Ackerman's second volume, Transfonnations,2 is clearly the most ambitious effort to rethink our political system as a whole-and its legal dimensions in particular-that has been offered in decades. This is a magisterial work. Moreover, in Transformations, the author has demonstrated qualities of a first-rate historian. But, as usual, there is more to be said. This is a particularly congenial task since, far more than most works in either history or political science, We the People virtually invites cross-disciplinary discourse. This Essay falls into four parts. The first assesses the major element of the argument of We the People in the context of a professional milieu that has striking differences from those that most political scientists encounter. -
Judicial Genealogy (And Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts
The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts BRAD SNYDER* During his Supreme Court nomination hearings, John Roberts idealized and mythologized the first judge he clerkedfor, Second Circuit Judge Henry Friendly, as the sophisticated judge-as-umpire. Thus far on the Court, Roberts has found it difficult to live up to his Friendly ideal, particularlyin several high-profile cases. This Article addresses the influence of Friendly on Roberts and judges on law clerks by examining the roots of Roberts's distinguishedyet unrecognized lineage of former clerks: Louis Brandeis 's clerkship with Horace Gray, Friendly's clerkship with Brandeis, and Roberts's clerkships with Friendly and Rehnquist. Labeling this lineage a judicial genealogy, this Article reorients clerkship scholarship away from clerks' influences on judges to judges' influences on clerks. It also shows how Brandeis, Friendly, and Roberts were influenced by their clerkship experiences and how they idealized their judges. By laying the clerkship experiences and career paths of Brandeis, Friendly, and Roberts side-by- side in detailed primary source accounts, this Article argues that judicial influence on clerks is more professional than ideological and that the idealization ofjudges and emergence of clerks hips as must-have credentials contribute to a culture ofjudicial supremacy. * Assistant Professor, University of Wisconsin Law School. Thanks to Eleanor Brown, Dan Ernst, David Fontana, Abbe Gluck, Dirk Hartog, Dan -
Media Sociology: the Dominant Paradigm Author(S): Todd Gitlin Source: Theory and Society, Vol
Media Sociology: The Dominant Paradigm Author(s): Todd Gitlin Source: Theory and Society, Vol. 6, No. 2 (Sep., 1978), pp. 205-253 Published by: Springer Stable URL: http://www.jstor.org/stable/657009 Accessed: 30/11/2009 07:24 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=springer. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Springer is collaborating with JSTOR to digitize, preserve and extend access to Theory and Society. http://www.jstor.org 205 MEDIA SOCIOLOGY: The Dominant Paradigm TODD GITLIN Since the Second WorldWar, as mass media in the United States have become more concentratedin ownership,more centralizedin operations,more national in reach, more pervasivein presence,sociological study of the media has been dominated by the theme of the relative powerlessnessof the broadcasters.