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Monday, November 24, 2014 at 4:00 p.m. - Deadline To Submit Your Make-up Exam Request Form

If you are planning to take a make-up exam this FALL semester, please submit your make-up exam request form to Student Records by 4:00 p.m., Monday, November 24, 2014.

The form is attached and there are forms on the wall outside of Rm. 217.  If you have questions, please contact Barbara Thompson in Student Records.

SSRN Legal Studies Research Paper Series, Vol 8, No 6

The sixth and final issue of our SSRN Research Paper series this year features articles covering issues in healthcare, environmental law, and legal education.
More information about the RPS:

Professor Grace Giesel Honored by the Women Lawyers Association for Achievement in Excellence

On November 13, Professor Grace Giesel received the Women Lawyers Association of Jefferson County Achievement in Excellence (Lifetime Achievement) Award. Professor Giesel is the Flexner Professor and Distinguished Teaching Professor at the Brandeis School of Law. She has a distinguished record of teaching, scholarship and service. Her award from WLA recognizes these achievements, and in particular recognizes the service she has given the Kentucky bench and bar in the area of Professional Responsibility and Ethics. Each spring, she presents a CLE program to the WLA. The award was presented by Professor Laura Rothstein, the 2011 recipient of the award at the WLA luncheon.  In her introductory remarks she noted "Everyone at the law school knows that if you ask Grace to serve in any way, she can be counted on to do an excellent job. My highest test for judging the character of my colleagues is 'would Louis approve.' In the case of Grace, there is no doubt that he would. Today is the birthday of Louis Brandeis, and I know he would be pleased that she receives this honor on his birthday."

Tax Moot Court Team

The Moot Court Board congratulates Lee Wilson and Katie Halloran on making the the National Tax Moot Court Team. As members of the team, Lee and Katie will write a brief and present arguments as both petitioner and respondent. The competition will take place February 5-7, 2015, in Clear Water Florida. The team is coach by Professor Blackburn, Mark Hahn, and Laurie  McTighe.

Mark Rothstein Provides Expertise on Ebola Issues

Mark Rothstein, Boehl Professor of Law and Medicine and Director of the University of Louisville Institute for Bioethics, has been a resource for the national debate on legal, medical, and ethical issues related to individuals in the United States. He has appeared on CNN and been quoted in the Washington Post and other national news outlines. He has commented on the issue of quarantine and other ethical and legal issues that relate to treatment of individuals with Ebola. His comments on this issue were introduced by Congressman John Yarmuth at recent Congressional hearings. His recent publication in the American Journal of Public Health provides a broad perspective about the issues raised by the Ebola epidemic.  

Property, section 02--Spring 2015 Time Change

The course times for Property, section 02, spring 2015 have been changed.  Property, section 02, will meet on Mondays and Tuesdays at 10:25 - 11- 40, and on Thursdays at 9:00 - 10:25.  The spring 2015 course schedule on the law school webpage shows this change.  This change affects only Property, section 02.

Civil Procedure II, section 01--Spring 2015 Time Change

The course time for Civil Procedure II, section 01, for spring 2015 has been changed.  The course time will be Monday and Wednesday, 4:15 - 5:30 and Friday, 10:25 - 11:40.  The current spring course schedule on the law school webpage shows this time change.  This change affects only Civil Procedure II, section 01.

Brandeis Students Shine in the Kentucky Mock Trial Competition

This past weekend, Brandeis was well-represented at the Kentucky Mock Trial Championship tournament by two teams. On one team, Jessica Sapp and Sana Abhari were attorney advocates and Linda Dixon and Christopher Ahlers portrayed witnesses. On the other, Daniel Reed and Aida Almasalhi were the attorney advocates and Ryan Russell and Helen Cooper portrayed the witnesses. The students put in an extraordinary amount of time and effort in preparing of the tournament, and that effort was well-rewarded. The team led by Sapp and Abhari tried excellent cases against both Northern Kentucky University and the University of Kentucky, but were narrowly eliminated prior to the semi-finals. The team led by Reed and Almasalhi swept the ballots from all judges in two of the four rounds (no other team won all judges' ballots in a single round) and defeated an excellent team from the University of Kentucky in the final round to be named the tournament champions. Additionally, Reed was one of four finalists for the top-advocate award.  




The Kentucky Mock Trial Championship provides students the opportunity to prepare both sides of a fictional case. This year, the students tried a civil case based on principles of premises liability and comparative fault. The competition requires students to analyze intricate fact patterns and develop case theories that allow a jury to understand the facts and law behind the case. The teams were coached by Chris Schaefer of the law firm of Stoll Keenon Ogden PLLC and Lindsey Howard of the law firm of Goldberg Simpson, LLC. Please join us in congratulating these terrific student advocates.

2015 Donald C. Alexander Writing Competition

Requirements are as follows:

  • Full and part-time J.D. and LL.M. students are eligible.
  • Any original paper concerning federal taxation between 20-50 double spaced pages is welcome.
  • Seminar papers and articles submitted (but not yet selected for publication) to law reviews, journals, or other competitions are eligible.

Winning authors receive $2000 (first place) or $1000 (second lace) and a trip to the FBA’s Annual Tax Law Conference in ashington, D.C. The winning entries may be published in the ax Section newsletter the Report or in The Federal Lawyer.  Deadline is January 5, 2015.  Entries may be submitted by email to Marcellus Howard at

Exhibit: Campaigning against The Court: The Supreme Court and Popular Politics, 1916-2014

In recent years it seems that every nomination to the U. S. Supreme Court leads to partisan controversy. This exhibit displays political memorabilia from the collection of Professor Kurt Metzmeier that documents some of the most recent controversies.  Also included are some buttons from the pre-Court political careers of justices, a button urging the election of a sitting justice as president, and humorous objects gently mocking the dignity of the Supreme Court.

While appointments to the Court had always stirred interest in legal circles, it wasn’t until the nomination of “the people’s lawyer” Louis D. Brandeis to the court that the nation saw an active campaign against a justice. Still, that nomination was somewhat of a special case, as Brandeis had stirred up unusual distaste among the banking and railroad trusts. Even President Franklin D. Roosevelt’s frequent battles with the Supreme Court did not lead to organized campaigns against his nominees.  This is surprising since most early justices were drawn from political life and many had served as governors, senators, and even, in the case of William Howard Taft, president. Indeed, the only political activity involving Supreme Court justices until the late 20th century was an occasional convention boomlet to draft one of justices to run for the presidency. (William O. Douglas perhaps was the last sitting justice to entertain such dreams).

 The first attempt by an organized political group to set its sights on a member of the Supreme Court was the conservative John Birch Society’s billboard campaign to impeach sitting Chief Justice Earl Warren for the perceived liberalism of his court. However, it was President Ronald Reagan’s nomination of conservative scholar Robert Bork to the Supreme Court in 1986 that set off the first full-scale campaign against a nominee; one that would lead to the word “Borking” being entered in the dictionary as a term for the process of defeating a judicial nomination. Metzmeier’s collection has no fewer than four different buttons involving this effort.

After the Bork nomination, things would never be the same. Buttons and bumper stickers would be employed to both support and oppose controversial nominations.  In addition, the ability to possibly choose members of the Supreme Court would be noted in every presidential campaign. A classic 1996 campaign button features a free-spinning arrow pointing to the names of existing justices who (the button implies) could die or resign at any time and asks “Who do you want to choose the next Justice?” The Supreme Court now plays more prominent role in popular political culture than at any time. Its secret service nickname SCOTUS is well-known and forms part of a popular legal blog. And it hard to imagine any prior justice being so lovingly re-imaged as Justice Ginsburg has been as “The Notorious RGB.”

The exhibit is in the Law Library reading room through the end of 2014.