Category: Quoted In
Professor James Sample Writes "Roberts: Corporate $peech Good, Presidential Speech "Very Troubling"
March 11th, 2010On March 10, 2010, Professor James Sample published his article, Roberts: Corporate $peech Good, Presidential Speech "Very Troubling," in The Huffington Post. The article has been linked and cited to on electionlawblog run by Rick Hasen at Loyola Law School, Howard Bashman's website How Appealing, and scotusblog.
Roberts: Corporate $peech Good, Presidential Speech "Very Troubling"
by James Sample
March 10, 2010
EXCERPT:
The numbers reflect what the public already knows. The political world prior to Citizens United was hardly lacking the corporate perspective. Do corporations have rights? Of course. But they are also creatures of the state, which is why Dahlia Lithwick aptly described Citizens United as the Supreme Court's "Pinnochio Project." Corporations don't go to jail; don't face execution; don't vote; do have eternal life; and are different from regular citizens in all sorts of meaningful ways, particularly when it comes to matters of political process. Perhaps, in light of the ongoing census, in the new civics paradigm, Delaware should have more congressional seats than California?
Professor Monroe H. Freedman in LA Times
March 10th, 2010Professor Monroe H. Freedman was quoted in the following LA Times article.
A silly smear on the Justice Department
Editorial
March 8, 2010
EXCERPT:
This is a manufactured and silly "scandal." Providing legal representation even for the guilty is in the finest traditions of this country's legal system. And it's not at all uncommon for Justice Department lawyers to have worked in areas that overlap with what they do in government service. As legal ethicist Monroe Freedman has noted, it's no more improper for lawyers who represented detainees to join the Justice Department than it was for Thurgood Marshall, the legendary civil rights litigator and future Supreme Court justice, to serve President Lyndon B. Johnson as solicitor general. (Under ethics rules, Obama's appointees may not participate in particular matters involving previous clients.)
Professor Susan H. Joffe Publishes Article in The Learning Curve
March 8th, 2010Professor Susan H. Joffe’s article, “Learning to Write or Writing to Learn?: Integration Efforts in Doctrinal Classrooms” has been published in The Learning Curve, a publication of the American Association of Law School section on Academic Support. The article describes a number of techniques for incorporating writing into doctrinal courses.
Professor Daniel J.H. Greenwood Writes "Money Is Speech: Why the Citizens United v. FEC Ruling Is Bad for Politics and the Market"
March 4th, 2010Professor Daniel J.H. Greenwood wrote the following article in Dissent Magazine.
Money Is Speech: Why the Citizens United v. FEC Ruling Is Bad for Politics and the Market
by Daniel J.H. Greenwood
March 3, 2010
EXCERPT:
If we allow markets to control the political process, we lose democracy. Moreover, we will lose our markets—since successful corporations will simply use money from their past success to buy legislation to guarantee them still more market power.
Professor Ashira Ostrow Cited By Federal District Court
March 1st, 2010Professor Ashira Ostrow’s article, JUDICIAL REVIEW OF LOCAL LAND USE DECISIONS: LESSONS FROM RLUIPA, 31 Harv. J.L. & Pub. Pol'y 717 (2008) was recently cited by a federal district court. See, United States v. Boender, 2010 U.S. Dist. LEXIS 15716 (N.D. Ill. Feb. 23, 2010).
Calvin Boender, a real estate developer, was accused of bribing a city alderman (zoning official) as part of a scheme to have property rezoned. Several other alderman were subpoenaed to provide testimony on the zoning decision. The alderman asked the Court to bar inquiry into the question of why they voted for the rezoning (and other legislative matters) at trial, should they be called to testify.
The Court refused to bar inquiry into this matter, noting:
Ashira Pelman Ostrow, Judicial Review of Local Land Use Decisions: Lessons from RLUIPA, 31 HARV. J. L. & PUB. POL'Y 717, 727 (2008) (arguing against deferential judicial review of zoning decisions, in contrast to most economic regulation, in part because a combination of structural [*24] factors "leaves ample room for inconsistency and corruption in the zoning process").