Journal Day Handbook
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Columbia Law School Winter 2010
From the Dean On August 17, 2009, Dean David M. Schizer offered his welcoming remarks to the incoming class of J.D. and LL.M. students at Columbia Law School. An edited version of that address appears below. This is both an inspiring and a challenging time to come that excellence is measured in many different ways—in to law school. It is inspiring because the world needs you the pride you take in your work, in the reputation you more than ever. We live in troubled times, and many of develop among your peers, and, more importantly, in the great issues of our day are inextricably tied to law. Our the eyes of the people you have helped. But to my mind, financial system has foundered, and we need to respond excellence should not be measured in dollars. with more effective corporate governance and wiser The second fundamental truth to remember is that regulation. Innovation, competition, and free trade need integrity is the bedrock of any successful career. It is a to be encouraged in order for our economy to flourish. great source of satisfaction to know that you have earned Because of the significant demands on our public sector, your successes, that you didn’t cut any corners, and that our tax system needs to collect revenue efficiently and people trust you. fairly. Our dependence on imported fuel jeopardizes our As for the specifics of what career choices to make, national security, and our emission of greenhouse gases you are just beginning that journey. Most likely, there places our environment at risk. -
A Convenient Constitution? Extraterritoriality After Boumediene
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 A Convenient Constitution? Extraterritoriality After Boumediene Christina Duffy Ponsa-Kraus [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Fourteenth Amendment Commons, and the Legal History Commons Recommended Citation Christina D. Ponsa-Kraus, A Convenient Constitution? Extraterritoriality After Boumediene, 109 COLUM. L. REV. 973 (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2239 This Article 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]. A CONVENIENT CONSTITUTION? EXTRATERRITORIALITY AFTER BOUMEDIENE ChristinaDuffy Burnett* Questions concerning the extraterritorial applicability of the Constitution have come to the fore during the "war on terror." In Boumediene v. Bush, the Supreme Court held that noncitizens detained in Guantdnamo have the right to challenge their detention in federal court. To reach this conclusion, the Court used the "impracticableand anomalous" test, also known as the 'functional"approach because of its relianceon prag- matic or consequentialist considerations. The test first appeared in a concur- ring opinion overfifty years ago; in Boumediene, it garnered the votes of a majority. This Article argues that the Boumediene Court was right to hold habeas rights applicable in Guantdnamo, but wrong to endorse the "imprac- ticable and anomalous" test. The test rests on a view of the Constitution abroad that overemphasizes the difference between the foreign and the domes- tic, improperly relegatingconstitutional guarantees abroad to afar more un- certain status than they have at home. -
1 Constitutional Originalism Spring 2020 Keith E. Whittington Harvard
Constitutional Originalism Spring 2020 Keith E. Whittington Harvard Law School [email protected] WCC B015 Areeda 133 T 1:10-3:10pm Office Hours: T 10:30-11:30am This course will explore the scholarly debate surrounding originalism as a theory of constitutional interpretation. There will be some consideration of prominent criticisms of originalism, but the class will mostly focus on the internal developments and debates within the originalism literature. Topics will include the normative justifications for originalism, the role of precedent within originalism, the interpretation/construction distinction, and the relationship between originalism and judicial deference. One book is available for purchase: Keith E. Whittington, Constitutional Interpretation (Lawrence: University Press of Kansas, 1999). The remaining materials are all available on the course website and also available in hard copy form from the copy center. It would be useful to have access to that day’s materials during each class. The course grade will primarily be based on the take-home exam at the end of the semester. Some marginal adjustments will be made to reflect course participation. If you would like to pursue a research paper option in lieu of the take-home exam, please let me know and we can make appropriate arrangements. Week 1: Living Constitutionalism and Conservative Constitutionalism before Originalism (≈ 86 pages) Edward S. Corwin, “Constitution v. Constitutional Theory,” American Political Science Review (1925): 290-304 Charles A. Beard, “The Living Constitution,” Annals of the American Academy of Political and Social Science (1936): 29-34 Arthur Selwyn Miller, “Notes on the Concept of the Living Constitution,” George Washington Law Review (1963): 881-918 William Brennan, “The Constitution of the United States: Contemporary Ratification,” Text and Teaching Symposium, Georgetown University (1986) (17pp) James M. -
Rule Originalism
COLUMBIA LAW REVIEW VOL. 116 NOVEMBER 2016 NO. 7 ARTICLES RULE ORIGINALISM Jamal Greene * Constitutional rules are norms whose application depends on an interpreter’s identification of a set of facts rather than on her exercise of practical judgment. This Article argues that constitutional interpreters in the United States tend to resolve ambiguity over constitutional rules by reference to originalist sources and tend to resolve uncertainty over the scope of constitutional standards by reference to nonoriginalist sources. This positive claim unsettles the frequent assumption that the Constitution’s more specific or structural provisions support straight- forward interpretive inferences. Normatively, this Article offers a partial defense of what it calls “rule originalism,” grounded in the fact of its positive practice, its relative capacity for restraining judges, and, above all, its respect for the constitutional choice of rules versus standards. Finally, this Article argues that this limited justification for rule originalism suggests a liberalization of barriers to government institu- tional standing in cases involving the meaning of constitutional rules. INTRODUCTION ........................................................................................1640 I. THE JURISPRUDENCE OF RULES ..........................................................1646 A. A Working Definition .................................................................1646 B. Rules and Standards in Constitutional Law ..............................1649 C. Rules and -
Supremacy Clause Textualism
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2010 Supremacy Clause Textualism Henry Paul Monaghan Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation Henry P. Monaghan, Supremacy Clause Textualism, 110 COLUM. L. REV. 731 (2010). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/167 This Article 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]. SUPREMACY CLAUSE TEXTUALISM Henry Paul Monaghan* Whatever its status in the statutory interpretation "wars," originalism- driven textualism has assumed an increasingly prominent role in constitu- tional interpretation,at least within the academy. The focus of this Article is on one such form, namely, "Supremacy Clause textualism",- that is, recent textualist claims about the implications of the Supremacy Clause of Article VI. This Article addresses two such claims. First, in important articles, Professor Bradford Clark argues that the clause is "atthe epicenter of [our] constitutionalstructure" and it "recognizes only the 'Constitution,' 'Laws,' and 'Treaties' of the United States as 'the supreme Law of the Land."' Displacement of otherwise governing state law can occur only through one of those enumerated modes and "Laws" refers only to Acts of Congress. The consequence is that federal common law-as that concept is now currently understood-andadministrative lawmaking are illegitimate, at least when measured by the original understanding. -
Appendix 6 Select Abbreviations of Law Journals
APPENDIX 6 SELECT ABBREVIATIONS OF LAW JOURNALS App. 6—Select Abbreviations of Law Journals ABA Journal of Labor & Employment Law A.B.A. J. Lab. & Emp. L. Administrative Law Review Admin. L. Rev. African-American Law & Policy Report Afr.-Am. L. & Pol’y Rep. Akron Intellectual Property Journal Akron Intell. Prop. J. Akron Law Review Akron L. Rev. Akron Tax Journal Akron Tax J. Alabama Law Review Ala. L. Rev. Alaska Law Review Alaska L. Rev. Albany Government Law Review Alb. Gov’t L. Rev. Albany Law Journal of Science & Technology Alb. L.J. Sci. & Tech. Albany Law Review Alb. L. Rev. American Bankruptcy Institute Law Review Am. Bankr. Inst. L. Rev. American Criminal Law Review Am. Crim. L. Rev. American Indian Law Review Am. Indian L. Rev. American Journal of Comparative Law Am. J. Comp. L. American Journal of Criminal Law Am. J. Crim. L. American Journal of Law & Medicine Am. J.L. & Med. American Journal of Legal History Am. J. Legal Hist. American Journal of Tax Policy Am. J. Tax Pol’y American Journal of Trial Advocacy Am. J. Trial Advoc. American Review of International Arbitration Am. Rev. Int’l Arb. American University International Law Review Am. U. Int’l L. Rev. American University Journal of Gender, Social Am. U. J. Gender & Soc. Pol’y & L. Policy & the Law American University Law Review Am. U. L. Rev. Animal Law Animal L. Annals of Health Law Annals Health L. 569 570 National Law University, Delhi Annual Review of Banking and Financial Law Ann. Rev. Banking & Fin. L. Annual Survey of American Law Ann. -
The American Review of International Arbitration
Journal Day Handbook April 1, 2019 2 Journals at Columbia Law School 2019-20 Academic Year Introduction ......................................................................................................... 3 Comparison of Columbia Law School Journals ................................................. 4 Early Application Process Summary Chart ........................................................ 5 Regular Application Process Summary Chart .................................................... 6 American Review of International Arbitration ................................................... 7 Journal of Asian Law ........................................................................................... 9 Columbia Business Law Review ......................................................................... 10 Journal of Environmental Law ............................................................................ 13 Journal of European Law .................................................................................... 15 Journal of Gender & Law .................................................................................... 17 Human Rights Law Review ................................................................................ 19 Journal of Law & the Arts ................................................................................... 22 Journal of Law & Social Problems ...................................................................... 24 Columbia Law Review ....................................................................................... -
Columbia Law School Magazine Fall 2011
Fromthe Dean On August 19, David M. Schizer, Dean and the Lucy G. Moses Professor of Law, welcomed the incoming class of J.D. and LL.M. students to Columbia Law School. An edited version of Dean Schizer’s welcoming remarks follows. On behalf of the faculty and graduates of Columbia Law School, pant corruption and incompetence, Hughes so wounded the it is my pleasure to welcome all of you. You are a remarkable New York political establishment that he was the only viable group, and we are very proud to have you with us. Republican candidate for governor left standing in 1906. Or [T]he graduates of this law school are among the most at least that was the assessment of Theodore Roosevelt, who distinguished and influential lawyers in the world. You know was two years ahead of Hughes at Columbia Law School. As the names of many of them, but not all. For example, one president of the United States (and as a former governor of of our graduates was governor of New York, a candidate for New York), TR was Hughes’ most influential supporter. When president of the United States, secretary of state, a judge on Hughes later served as chief justice of the Supreme Court from the Court of International Justice in the Hague, and chief 1930 to 1941, his central preoccupation was the legality of the justice of the United States. How many of you can name the agenda of another Columbia-trained lawyer, Franklin Delano graduate I am talking about? Have you heard of Charles Roosevelt, Class of 1907. -
A Better Approach to Financial Regulation
KATHRYN JUDGE Columbia Law School • 435 W. 116th Street • New York, NY 10027 (212) 854-5243 • [email protected] EXPERIENCE Columbia Law School Harvey J. Goldschmid Professor of Law, 2020 – present Professor of Law, 2016 – 2020 Milton Handler Fellow, 2014 – 2016 Associate Professor of Law, 2011 – 2016 Fellow, Center for Law & Economic Studies, 2009 – 2011 Hon. Stephen G. Breyer, Supreme Court of the United States Law Clerk, 2005 – 2006 Hon. Richard A. Posner, U.S. Court of Appeals for the Seventh Circuit Law Clerk, 2004 – 2005 PROFESSIONAL APPOINTMENTS Office of Financial Research, U.S. Department of the Treasury Financial Research Advisory Committee, 2016 – 2020 Co-Chair, LIBOR to SOFR Working Group, 2019 (with Susan Wachter) Co-Chair, Financial Innovation Working Group, 2017 – 2018 (with Michael Wellman) Task Force on Financial Stability, Brookings Institution and Chicago Booth Ten-member group, co-chaired by Glenn Hubbard and Donald Kohn, 2019 - 2021 Journal of Financial Regulation, published by Oxford University Press Editor, 2016 – present European Corporate Governance Institute Research Member, 2018 – present ARTICLES AND ESSAYS A Better Approach to Financial Regulation (with Dan Awrey), working paper Why Financial Regulation Keeps Falling Short (with Dan Awrey), 61 Boston College Law Review 2295 (2020) Mechanisms of Market Inefficiency 45 Journal of Corporation Law 915 (2020) (symposium) Judges and Judgment: In Praise of Instigators, 86 University of Chicago Law Review 1077 (2019) (symposium) Guarantor of Last Resort, 97 Texas -
Bert I. Huang
BERT I. HUANG 435 West 116th Street New York, NY 10027 [email protected] EMPLOYMENT COLUMBIA LAW SCHOOL Vice Dean for Intellectual Life, 2018-present Michael I. Sovern Professor of Law, 2018-present Reese Prize for Excellence in Teaching Columbia University Presidential Teaching Award Provost Leadership Fellow Professor of Law, 2014-2018 Associate Professor of Law, 2009-2014 HARVARD LAW SCHOOL Visiting Professor, 2014 HON. DAVID H. SOUTER, Supreme Court of the United States Law Clerk, 2007-2008 HON. MICHAEL BOUDIN, U.S. Court of Appeals for the First Circuit Law Clerk, 2004-2005 THE WHITE HOUSE, Council of Economic Advisers Staff Economist, 1998-1999 EDUCATION HARVARD LAW SCHOOL, J.D., magna cum laude, 2003 President, Harvard Law Review HARVARD UNIVERSITY, A.M., 2006, Ph.D. in Economics, 2011 Advisers: Claudia Goldin and Lawrence F. Katz OXFORD UNIVERSITY, Marshall Scholar, 1996-1998 HARVARD COLLEGE, A.B. in Economics, summa cum laude, 1996 RESEARCH Law, Norms, and Beliefs Law’s Halo and the Moral Machine, 119 COLUMBIA LAW REVIEW 1811 (2019) Law and Moral Dilemmas, 130 HARVARD LAW REVIEW 659 (2016) Shallow Signals, 126 HARVARD LAW REVIEW 2227 (2013) Remedies Coordinating Injunctions, 99 TEXAS LAW REVIEW (forthcoming) The Equipoise Effect, 117 COLUMBIA LAW REVIEW 1595 (2016) Surprisingly Punitive Damages, 100 VIRGINIA LAW REVIEW 1027 (2014) Concurrent Damages, 100 VIRGINIA LAW REVIEW 711 (2014) Courts Judicial Credibility, 61 WILLIAM & MARY LAW REVIEW 1053 (2020) Judicial Priorities, 163 U. PENN. LAW REVIEW 1719 (2015) (with Tejas