Professor Sam Marcosson was quoted in an article in Time magazine, "A Gay-Marriage Lawsuit Dares to Make Its Case" (January 5, 2010). The article was written by Michael A. Lindenberger, a 2006 graduate of the University of Louisville's Brandeis School of Law.
"The stakes are extremely high," adds law professor Samuel Marcosson of the University of Louisville, author of Original Sin: Clarence Thomas and the Failure of the Constitutional Conservatives. "I think the plaintiffs are (unfortunately) very likely to lose — at least if the case makes it all the way to the Supreme Court — and set a precedent that didn't need to be, and shouldn't have been, set. The case was premature and ill-advised."
Here are some highlights from the December 2009 issue of the Louisville Bar Association's monthly Bar Briefs publication.
- Of Time and the Circle by Dean Chen (page 6)
- Law Students Attend Equal Justice Works Conference (page 7)
A copy is available in the library's reserves.
The law school and law library have re-opened for the spring 2010 semester and are operating under normal business hours.
Happy New Years!
On December 24, the US Senate confirmed the nomination of Michael Khouri, '80, as commissioner of the Federal Maritime Commission. He currently practices transportation and maritime law with Pedley & Gordinier PLLC in Louisville, KY.
Wednesday December 16, 2009
(Washington, DC) Today, the House of Representatives approved – by a vote of 423 to 1 - H. Res. 905, legislation introduced by Congressman John Yarmuth (KY-3) honoring the life of one of Louisville’s most distinguished natives - Supreme Court Justice Louis Brandeis - on the occasion of the 70th anniversary of his retirement from the Court.
For more on the legislation and Brandeis, click here.
The text of Congressman Yarmuth’s speech today in support of the resolution is below, and a video of the speech can be seen here:
Mister Speaker, in Louisville, we are proud of many of the great things our most legendary residents have achieved. From Muhammad Ali’s success in and out of the boxing ring to Diane Sawyer’s groundbreaking work in journalism to Harlan Sanders’ achievements as an entrepreneur, there’s evidence of their legacies throughout our community. It’s in the stories we tell, it’s found in the history embedded in our neighborhoods, and it’s seen on the banners hung in their honor throughout town.
We are proud that our city has been home to people who have changed the world in the realms of athletics, literature, art, music, business and – in the case of the man we are celebrating today – law.
Louis D. Brandeis was born in Louisville, Kentucky in 1856, the son of immigrants - and it was to Louisville that he would return throughout his life.
It was from the cradle of the burgeoning immigrant communities of 19th Century Louisville that Brandeis began his distinguished career. He excelled first at Louisville’s Male High School and then Harvard Law, before beginning a successful career as a lawyer and academic that led, in 1916, to the bench of the United States Supreme Court when he was nominated by Woodrow Wilson as the first Jewish Justice.
The achievements of Justice Brandeis, however, go far beyond breaking that ground. His legacy as a jurist and litigator has had a longstanding impact not just in the courtrooms and law books, but in the lives of every American citizen. His accomplishments were far ranging, but their influence resonates today and will do so far into the future.
To those of us who treasure the First Amendment and its protection of free speech, we can thank the work of Louis Brandeis. To those who value the extension of equal rights to all Americans, we can thank Louis Brandeis.
The right to privacy, groundbreaking work in the field of labor relations, successful challenges to once powerful corporate monopolies – the list is long and establishes Justice Brandeis’ career as one well deserving of our recognition in this House – a recognition he has not yet received in the 70 years since he retired from the Supreme Court.
The work of Louis Brandeis deserves not just our honor, but our attention. Though the battles we fight today may have changed from those of Brandeis’ era, his work is rich in relevance for all of us involved in lawmaking.
When few others would, Brandeis took on the powerful monopolies that caused economic havoc during the first half of the 20th century. He was continuously skeptical of large banks and their relationship to corporations whose failure could threaten the entire economy, and he helped develop the Federal Reserve Act of 1913 which clamped down on the banking industry‘s most egregious practices. In his book Other People‘s Money: And How the Bankers Use It and a series of columns, Brandeis warned his contemporaries of the dangers posed by massive financial corporations accumulating resources and using them irresponsibly – lessons that forewarned the economic crisis we faced in this country just last year.
As a litigator, educator, philanthropist, and jurist, Louis Brandeis did nothing short of ensuring that the rights we now regard as commonplace would persevere.
His contributions are those for which all the country should be grateful and his legacy is something for which all of us from Louisville can be proud. In fact, his legacy in Louisville lives on at the University of Louisville, where the law school now bears the name of Justice Louis Brandeis.
I join Justice Brandeis’ grandsons Frank Gilbert and Walter Raushenbush, his granddaughter Alice Popkin, and the rest of his family in urging my colleagues to support H. Res. 905, recognizing the 70th anniversary of the retirement of this legendary American, educator, litigator, and jurist.
Source: Congressman John Yarmuth's website. Reprinted with permission.
This news item will also appear on the Courier-Journal's Forum page on Friday, December 18.
Here are some highlights from the November 2009 issue of the Louisville Bar Association's monthly Bar Briefs publication.
- Hunting Ghost Laws: Updating Kentucky Statutes and Finding New Laws by Professor Kurt Metzmeier (page 10)
- My Mediating Experience: A Student's Perspective Working with Just Solutions by Lily K. Chan, 3L (page 23)
- Lawlapalooza Tour 2009 Rocked! (page 6)
- Brandeis Featured on Commemorative Stamp (page 7)
- Kimberly Ballard, Director of Academic Success, appears in Members on the Move (page 27)
- Linda Ewald's article, "A Lawyer's Duty to Report under New Rule 8.3 of the Kentucky Rules of Professional Conduct", was published in the November issue of Bench & Bar (page 5).
- "Of time and the circle", by Jim Chen (page 47).
Copies of each are available in the library's reserves.
WHAS11 News recently featured a story that revealed the Louisville Metro Police Department's use of GPS tracking devices to survail suspects. Professor Luke Milligan was interviewed to provide expertise on the legal issues, with particular regards to investigations that were conducted without court orders. Milligan said, "The court has a blind spot particularly when it comes to keeping up with emerging technologies. Today we find ourselves in the midst of one of these blind spots... But it clearly violates the spirit of the 4th Amendment. And I think there is no question that the court will eventually come around." The report is available at WHAS11's website.
Michael Sandel, renowned Harvard professor and author of Justice: What's the Right Thing to Do?, will speak at the Chao Auditorium at 10 AM on December 1. Professor Sandel is also the featured guest of the Kentucky Author Forum later that evening at The Kentucky Center.
At the Kentucky Center, Professor Sandel will be interviewed by John S. Carroll, Pulitzer Prize-winning journalist and former editor of the Los Angeles Times, the Baltimore Sun, and the Lexington Herald-Leader.
Justice, or Moral Reasoning 22, a course in moral and political philosophy taught by Harvard Professor of Government, Michael Sandel, draws more than 1,200 students each year. Sandel speaks to a rapt audience, relating the big questions of political philosophy to the most current and vexing issues of the day. Visit www.justiceharvard.org for a taste of his exhilarating class.
His new book, Justice, offers readers the same exhilarating journey that captivates his students- the challenge of thinking our way through the hard moral challenges we confront as citizens, inviting readers of all political persuasions to consider familiar controversies in fresh and illuminating ways.
Click here for more details about the Kentucky Author Forum event.
The law library will open from 8AM-11PM Monday, 11/23 and Tuesday, 11/24. It will be closed on Wednesday, 11/25 and Thursday, 11/26 for the Thanksgiving holiday. It will be open 9AM-5PM on Friday, 11/27, 9AM-6PM Saturday, 11/28 and 1PM-11PM Sunday, 11/29.
Eligibility: The Contest is open to everyone except employees of the American Bar Association and their immediate family members.
Prizes: First Place - $1000 prize, Second Place - $500 prize
Submissions are due (via YouTube) by January 15, 2010.
Submissions will be judged by a committee of ABA Section of Dispute Resolution members and ABA staff. The ABA shall have sole authority and discretion to select winning videos.
The judges will evaluate entries using the following criteria:
- Effectiveness in achieving purpose and goal of the video
- Overall quality of presentation
- Overall appeal to diverse audience
- Overall production quality (including lighting, focus, sound, graphics)
- Originality, Creativity and Adherence to Contest Rules.