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Cv-14-02052- Tuc-Rm (D
Derek E. Bambauer <[email protected]> 520.621.5411 1201 E. Speedway, Tucson AZ 85721 Teaching Experience University of Arizona, James E. Rogers College of Law, Tucson, AZ. Professor of Law (2013- present). • Associate Professor of Law (2012-2013). • Founder and faculty director, IP and Entrepreneurship Clinic. • Faculty advisor, Arizona Intellectual Property & Cyberlaw Society, Arizona Journal of Emerging Technologies. • Courses taught: Copyright Law, Cyberlaw, Introduction to Intellectual Property, Patent Law, Trade Secrets. Brooklyn Law School, Brooklyn, NY. Associate Professor of Law (2010 – 2012). • Assistant Professor of Law (2008-2010). • Voted Professor of the Year by students in 2008-2009. • Advisor / legal consultant, Brooklyn Law Incubator & Policy Clinic (BLIP). • Courses taught: Current Controversies in Intellectual Property, Information Privacy Law, Internet Law, Introduction to Intellectual Property, Patent Law, Trademark Law. Wayne State University Law School, Detroit, MI. Assistant Professor of Law (2006-2008). • Courses taught: Contracts, Copyright Law, Current Controversies in Intellectual Property, Trademark Law. Education Harvard Law School, Cambridge, MA. J.D., magna cum laude (2004). • Student Research Fellow, OpenNet Initiative, Berkman Center for Internet & Society. • Researcher, Digital Media project, Berkman Center for Internet & Society. • Teaching Assistant, Professor Daniel Meltzer (Criminal Law). Harvard College, Cambridge, MA. B.A., History and Science, summa cum laude (1996). • Phi Beta Kappa. • National Science Scholar (National Science Foundation). • Graduated in 3 years (awarded Advanced Standing). 1 of 10 Derek E. Bambauer Fellowships Berkman Center for Internet & Society, Harvard Law School, Cambridge, MA. Research Fellow (2004-2006). • Led team researching Internet filtering laws, technology, and practices by states worldwide. Analyzed empirical data from testing of countries’ filtering systems. -
Crack Cocaine, Congressional Inaction, and Equal Protection
CRACK COCAINE, CONGRESSIONAL INACTION, AND EQUAL PROTECTION PAUL J. LARKIN, JR.* I. THE HISTORY OF FEDERAL DRUG POLICY ........... 244 II. CRACK COCAINE, RACE, AND EQUAL PROTECTION LAW ................................................. 249 A. Legislation and Equal Protection Law ....... 250 B. Legislative Inaction and Equal Protection Law .................................................................. 258 1. The Article I Lawmaking Process ......... 259 2. The Due Process Clause ......................... 263 3. Equal Protection Principles ................... 271 III. CRACK COCAINE, RACE, AND FEDERAL DRUG POLICY .................................................................... 278 IV. CONCLUSION ......................................................... 294 Criminal justice policy, drug policy, and racial policy are three of the most contentious subjects in contemporary Ameri- can society.1 For the past thirty years, they have intersected be- cause of the Anti-Drug Abuse Act of 1986.2 Enacted in the midst of a panic over the emergence of a new form of cocaine * Senior Legal Research Fellow, The Heritage Foundation; M.P.P., George Wash- ington University, 2010; J.D., Stanford Law School, 1980; B.A., Washington & Lee University, 1977. The views expressed in this Article are the author’s own and should not be construed as representing any official position of The Heritage Foun- dation. I want to thank Paul Cassell, Daniel Dew, Andrew Kloster, Joseph Luppino- Esposito, and Greg Maggs for helpful comments on an earlier draft of this Article. Any remaining errors are mine. 1. For discussions of these subjects, see, for example, MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF COLORBLINDNESS (rev. ed. 2012); STEVEN B. DUKE & ALBERT C. GROSS, AMERICA’S LONGEST WAR: RETHINKING OUR TRAGIC CRUSADE AGAINST DRUGS (1993); RANDALL KENNEDY, RACE, CRIME, AND THE LAW (1997); GLENN C. -
Beyond the Bully Pulpit: Presidential Speech in the Courts
SHAW.TOPRINTER (DO NOT DELETE) 11/15/2017 3:32 AM Beyond the Bully Pulpit: Presidential Speech in the Courts Katherine Shaw* Abstract The President’s words play a unique role in American public life. No other figure speaks with the reach, range, or authority of the President. The President speaks to the entire population, about the full range of domestic and international issues we collectively confront, and on behalf of the country to the rest of the world. Speech is also a key tool of presidential governance: For at least a century, Presidents have used the bully pulpit to augment their existing constitutional and statutory authorities. But what sort of impact, if any, should presidential speech have in court, if that speech is plausibly related to the subject matter of a pending case? Curiously, neither judges nor scholars have grappled with that question in any sustained way, though citations to presidential speech appear with some frequency in judicial opinions. Some of the time, these citations are no more than passing references. Other times, presidential statements play a significant role in judicial assessments of the meaning, lawfulness, or constitutionality of either legislation or executive action. This Article is the first systematic examination of presidential speech in the courts. Drawing on a number of cases in both the Supreme Court and the lower federal courts, I first identify the primary modes of judicial reliance on presidential speech. I next ask what light the law of evidence, principles of deference, and internal executive branch dynamics can shed on judicial treatment of presidential speech. -
Common Intellectual Heritage”: Federal and State Courts in Our Federal System
\\jciprod01\productn\N\NDL\91-5\NDL505.txt unknown Seq: 1 16-SEP-16 13:32 REVISING OUR “COMMON INTELLECTUAL HERITAGE”: FEDERAL AND STATE COURTS IN OUR FEDERAL SYSTEM Judith Resnik* ABSTRACT This Essay pays tribute to Daniel Meltzer’s insight that, to the extent “lawyers have a common intellectual heritage, the federal courts are its primary source.” I do so by analyzing how that heritage is made and remade, as political forces press Congress to deploy federal courts to protect a wide array of interests and state courts absorb the bulk of litigation. The heritage that Meltzer celebrated and to which he contributed was the outcome of twenti- eth-century social movements that focused on the federal courts as hospitable venues, serving as vivid sources of rights and remedies. A competing heritage has since emerged, as the Supreme Court shaped new doctrines constricting judicial powers and rendering courts unavailable and unavailing. Despite the Court’s reluctance to welcome claimants, Congress continues to endow the fed- eral courts with new authority and significant funds. But what the federal government has thus far ignored are the needs of state courts, where 100 million cases are filed annually and states struggle to honor constitutional commitments to open courts and rights to counsel for criminal defendants. Once state courts come into focus, two other and competing understanding of courts come to the fore. One merits the term “enabling courts,” as judges aim to equip litigants with lawyers and resources for conflicts related to families, housing, and health. From “Civil Gideon” move- ments and self-help forms to drug and reentry courts, new initiatives underscore the goals of using courts to be responsive to social needs. -
Discriminatory Acquittal
William & Mary Bill of Rights Journal Volume 18 (2009-2010) Issue 1 Article 4 October 2009 Discriminatory Acquittal Tania Tetlow Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Civil Rights and Discrimination Commons Repository Citation Tania Tetlow, Discriminatory Acquittal, 18 Wm. & Mary Bill Rts. J. 75 (2009), https://scholarship.law.wm.edu/wmborj/vol18/iss1/4 Copyright c 2009 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj DISCRIMINATORY ACQUITTAL Tania Tetlow* ABSTRACT This article is the first to analyze a pervasive and unexplored constitutional problem: the rights of crime victims against unconstitutional discrimination by juries. From the Emmett Till trial to that of Rodney King, there is a long history of juries acquitting white defendants charged with violence against black victims. Modem empirical evidence continues to show a devaluation of black victims; dramatic dis- parities exist in death sentence and rape conviction rates according to the race of the victim. Moreover, just as juries have permitted violence against those who allegedly violated the racial order, juries use acquittals to punish female victims of rape and domestic violence for failing to meet gender norms. Statistical studies show that the "appropriateness" of a female victim's behavior is one of the most accurate predictors of conviction for gender-based violence. Discriminatory acquittals violate the Constitution. Jurors may not constitutionally discriminate against victims of crimes any more than they may discriminate against defendants. Jurors are bound by the Equal Protection Clause because their verdicts constitute state action, a point that has received surprisingly little scholarly analysis. -
Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J
Boston College Law Review Volume 40 Issue 3 Association Of American Law Schools Program Article 6 On Race & Criminal Justice 5-1-1999 Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism Jeffrey J. Pyle [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the African American Studies Commons, Civil Rights and Discrimination Commons, Ethnic Studies Commons, Inequality and Stratification Commons, Law and Society Commons, and the Race and Ethnicity Commons Recommended Citation Jeffrey J. Pyle, Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism, 40 B.C.L. Rev. 787 (1999), http://lawdigitalcommons.bc.edu/bclr/vol40/iss3/6 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. RACE, EQUALITY AND THE RULE OF LAW: CRITICAL RACE THEORY'S ATTACK ON THE PROMISES OF LIBERALISM I NTRODUCTION In recent years, critical race theory ("CRT") has come to occupy a conspicuous place in American law schools.' The theory holds that despite the great victories of the civil rights movement, liberal legal thought2 has consistently failed African Americans and other minori- I See generally Stephanie 14. Goldberg, The Law, a New Theory Holds, Has a White Voice, N.Y. TIMES, July 17, 1992, at A23 (describing critical race theory as having had "all undeniable impact on legal education"); Neil A. -
Bernard D. Meltzer (1914-2007), Nuremberg Prosecutor
Bernard D. Meltzer (1914-2007), Nuremberg prosecutor John Q. Barrett* Copyright © 2007 by John Q. Barrett. All rights reserved. Bernard David Meltzer, who was remembered at a University of Chicago Law School memorial service on February 2, 2007, was 92 years old when he died on January 4th at his home in Chicago. Sixty-one years ago, United States Navy Lieutenant (junior grade) Meltzer served on Justice Robert H. Jackson’s staff in Nuremberg as Assistant Trial Counsel for the United States. Lt. Meltzer was the one of the youngest U.S. prosecutors to address the International Military Tribunal in the case against the principal Nazi war criminals. Bernie Meltzer’s path to Nuremberg was, like all of his highly accomplished life, varied and interesting. Born and raised in Philadelphia and not destined, to his great regret, for a career in professional baseball,1 Bernie first attended Temple University and then transferred to the University of Chicago. He received his A.B. in 1935 and then enrolled at the University of Chicago Law School, graduating first in his class in 1937. During 1937-38, Bernie earned a LL.M. degree at Harvard Law School, where he studied under and became a favorite of Professor Felix Frankfurter. In 1938, Meltzer began to practice law, both public and private. He worked for two years at the Securities and Exchange Commission, first in the general counsel’s office and then as assistant to chairman Jerome N. Frank. After a private practice stint with Mayer, Meyer, Austrian & Platt back in Chicago, Bernie returned to Washington, where he worked at the National Defense Commission on procurement matters and then at the Department of State, first on Lend-Lease matters for assistant secretary Dean Acheson and then as acting chief of the foreign funds control division. -
2017 P&I Program
Table of Contents 2017 NACHC Board of Directors . 2 At-A-Glance Welcome . 5 Education Sessions At-A-Glance . 31 Hotel Maps . 37 General Information Mobile App . 9 Wednesday, March 29 Wi-Fi . 10 Schedule . 41 Registration and Exhibitor/ Opening General Session . 42 Speaker Check-In . 11 Education Sessions . 43 Hotel Information . 12 Thursday, March 30 Shuttle Service . 13 Schedule . 49 3 T (Timely Thirty-Minute Tips) . 15 Education Sessions . 50 Conference Basics . 16 Healthcare Leadership Reception Continuing Education . 18 and Awards . 57 NACHC Certificate in Health Center Friday, March 31 Governance Program for Board Schedule . 61 Members . 20 General Session: Federal Update . 63 NACHC Certificate in Health Center Governance Program for Board Education Sessions . 64 Members Enrollment Form . 21 Conference Networking Social Events and Activities Reception . 78 Visit the NACHC Information Center . 23 Saturday, April 1/Sunday, April 2 Become a Health Center Advocate . 23 Schedule . 81 Social Media and Twitter Contest . 24 General Session . 82 Healthcare Leadership Reception Education Sessions . 83 and Awards . 25 Committee Meetings . 87 Conference Networking Reception . 26 EXPO Board Members CONNECT! Health Schedule . 91 Center Board Members Networking Community Health Ventures Row . 94 Event . 26 Exhibitor Profiles . 98 National LGBT Primary Care Alliance Reception . 26 Exhibitor Index by Name and Number . 112 EXPO Floorplan . 113 New Member Welcome Reception . 26 Young Professional Leadership Key to Moderators and Presenters . 117 Exchange Reception . 26 Commonly Used Acronyms in the Young Professional Leadership Health Center Industry . 120 Exchange Track . 27 #NACHCpi17 NACHC 2017 POLICY & ISSUES FORUM 1 2017 NACHC Board of Directors EXECUTIVE COMMITTEE Chair of the Board Secretary J. -
Instructor's Guide
The Fight for Free Speech Ten Cases That Define Our First Amendment Freedoms BY IAN ROSENBERG Instructor’s Guide A user’s guide to understanding contemporary free speech issues in the United States Americans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user’s guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech question—from student walkouts for gun safety to Samantha Bee’s expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels— and then identifies, unpacks, and explains the key Supreme Court case that provides the answers. Together these fascinating stories create a practical framework for understanding where our free speech protections originated and how they can develop in the future. As people on all sides of the political spectrum are demanding their right to speak and be heard, The Fight for Free Speech is a handbook for combating authoritarianism, protecting our democracy, and bringing an understanding of free speech law to all. 312 pages | Cloth | 9781479801565 • • • Law | Politics | Current Events Ian Rosenberg has over twenty years of experience as a media lawyer, and has worked as legal counsel for ABC News since 2003. -
Remedial Convergence and Collapse
Remedial Convergence and Collapse Leah Litman* ABSTRACT This Article describes and interrogates a phenomenon of spillovers across remedies—how the legal standards governing the availability of remedies in cases regarding executive violations of individuals’ constitutional rights, particularly in the area of policing, have converged around similar ideas that narrow the availability of several different remedies. A similar set of limits restricts the availability of writs of habeas corpus to challenge criminal convictions, damages against government officials, the exclusion of evidence in criminal trials, and causes of action to sue federal officials for damages. The convergence results in considerable tension in the doctrine and notable effects in practice. For example, courts frequently deny one remedy on the ground that another remedy is available and preferable to the remedy that a party has sought. But when the same standard governs the availability of remedies that are supposed to substitute for one another, courts eliminate all remedies when they deny one of them. The remedial doctrines discussed in this Article primarily address executive violations of constitutional rights, particularly violations that occur in the course of policing. Denying the availability of remedies in cases that involve policing and executive power replicates the racialized effects of policing in the federal courts and forsakes oversight and accountability in an area where it might be particularly needed. DOI: https://doi.org/10.15779/Z382V2C96D Copyright © 2018 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. * Assistant Professor of Law, University of California Irvine School of Law. -
Cv-14-02052- Tuc-Rm (D
Derek E. Bambauer <[email protected]> 520.621.5411 1201 E. Speedway, Tucson AZ 85721 Teaching Experience University of Arizona, James E. Rogers College of Law, Tucson, AZ. Professor of Law (2013- present). • Associate Professor of Law (2012-2013). • Founder and faculty director, IP and Entrepreneurship Clinic. • Faculty advisor, Arizona Intellectual Property & Cyberlaw Society, Arizona Journal of Emerging Technologies. • Courses taught: Copyright Law, Cyberlaw, Introduction to Intellectual Property, Patent Law, Trade Secrets. Brooklyn Law School, Brooklyn, NY. Associate Professor of Law (2010 – 2012). • Assistant Professor of Law (2008-2010). • Voted Professor of the Year by students in 2008-2009. • Advisor / legal consultant, Brooklyn Law Incubator & Policy Clinic (BLIP). • Courses taught: Current Controversies in Intellectual Property, Information Privacy Law, Internet Law, Introduction to Intellectual Property, Patent Law, Trademark Law. Wayne State University Law School, Detroit, MI. Assistant Professor of Law (2006-2008). • Courses taught: Contracts, Copyright Law, Current Controversies in Intellectual Property, Trademark Law. Education Harvard Law School, Cambridge, MA. J.D., magna cum laude (2004). • Student Research Fellow, OpenNet Initiative, Berkman Center for Internet & Society. • Researcher, Digital Media project, Berkman Center for Internet & Society. • Teaching Assistant, Professor Daniel Meltzer (Criminal Law). Harvard College, Cambridge, MA. B.A., History and Science, summa cum laude (1996). • Phi Beta Kappa. • National Science Scholar (National Science Foundation). • Graduated in 3 years (awarded Advanced Standing). 1 of 11 Derek E. Bambauer Fellowships Berkman Center for Internet & Society, Harvard Law School, Cambridge, MA. Research Fellow (2004-2006). • Led team researching Internet filtering laws, technology, and practices by states worldwide. Analyzed empirical data from testing of countries’ filtering systems. -
Michael Higginbotham
UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL SEMESTER 2017 SYLLABUS RACE AND THE LAW LAW 823-511 (4099) MICHAEL HIGGINBOTHAM COURSE DETAILS Professor: Michael Higginbotham Time: Designated Wednesdays (see schedule of classes) 9:00 – 11:45 am Course Category: Upper-Level Limited Enrollment Elective Classroom: University of Baltimore School of Law Angelos Law Center AL 602 Office Hours: Mondays 1:00 – 2:00 pm Wednesdays noon – 1:00 pm (or by appointment) Office: University of Baltimore School of Law Angelos Law Center AL 1115 Phone: 410-837-4649 E-mail: [email protected] Twitter: @professorhigg Website: fmichaelhigginbotham.org Assistant: Shavaun O’Brien Office: University of Baltimore School of Law Angelos Law Center AL 1112 Phone: 410-837-4635 E-mail: [email protected] Facsimile: 410-837-4560 TWEN/Web: Syllabus, distributed materials, announcements, and assignments available on TWEN or http://law.ubalt.edu/academics/Semester.cfm Texts: Required: A. Leon Higginbotham, Jr., In the Matter of Color: Race and the American Legal Process, The Colonial Period (New York: Oxford University Press, 1978). Available in hardback or paperback at the University of Baltimore Bookstore. 1 A. Leon Higginbotham, Jr., Shades of Freedom: Racial Politics and Presumptions of the American Legal Process (New York: Oxford University Press, 1996). Available in hardback or paperback at the University of Baltimore Bookstore. F. Michael Higginbotham, RACE LAW: Cases, Commentary, and Questions (Fourth Edition) (Durham: Carolina Academic Press, 2015). Available in hardback at the University of Baltimore Bookstore. F. Michael Higginbotham, Ghosts of Jim Crow: Ending Racism in Post-Racial America (New York: New York University Press, 2013).