Yakima Herald-Republic articles from December 2004

Yakima Herald-Republic archives from December 2004

The Elysian fields of the law.(John Hart Ely, law professor)(Testimonial)
December 1, 2004... INTRODUCTION John Hart Ely (4) was a great one for believing that "[t]he most archaic-sounding provisions of our founding document, their purposes intelligently unpacked, generate commands of complete contemporary relevance." (1) In...

Choosing heroes carefully.(John Hart Ely, law professor)(Testimonial)
December 1, 2004... "You don't need many heroes if you choose carefully," said John Hart Ely about Earl Warren. (1) That is why--as a scholar, as a teacher, as a spirit--John became one of mine. I first "chose" him nearly thirty years ago when I was a...

The elusive search for constitutional integrity: a memorial for John Hart Ely.(Testimonial)
December 1, 2004... Constitutions tend to be open-textured, and the American Constitution notoriously so. Elusive placeholders such as due process or equal protection or republican guarantees all point to major concerns of the time of their ratification. But how...

Ely and the idea of democracy.
December 1, 2004... INTRODUCTION I. ELY ON DEMOCRACY II. COMPETING CONCEPTIONS OF ELYIST DEMOCRACY A. Two Lines of Cases 1. Accountability reinforcement 2. Horizontal democracy B. Locating Ely III. SHORTCOMINGS IN ELY'S CONCEPT OF...

Modernization and representation reinforcement: an essay in memory of John Hart Ely.
December 1, 2004... INTRODUCTION I. MODERNIZATION: FOUR EXAMPLES A. Sex Discrimination B. Substantive Due Process C. Capital Punishment D. Brown v. Board of Education II. IN DEFENSE OF THE MODERNIZING MISSION A. Unprincipled Retreats?...

Responsibility and war: constitutional separation of powers concerns.
December 1, 2004... John Hart Ely was my first-year constitutional law professor at Harvard Law School. He was the Dean who hired me at Stanford Law School. He counseled me throughout my lawsuit against President Clinton's waging of an unconstitutional war on...

John Ely, war, and responsibility.(professor, University of Miami School of Law)(Testimonial)
December 1, 2004... We meet to celebrate John Ely's life and work. No greater tribute is possible for a scholar, I know John would agree, than a meeting of other scholars to discuss his work and to mark his contributions. I was fortunate to meet John Ely...

War, responsibility, and the age of terrorism.
December 1, 2004... Just as John Hart Ely made a defining and singular contribution to the problem of judicial review with Democracy and Distrust, (1 so too he contributed to the study of war powers with War and Responsibility. (2) Like Democracy and Distrust, War...

The canon of family law.
December 1, 2004... INTRODUCTION I. THE RELATIONSHIP BETWEEN FAMILY LAW AND SOCIAL INEQUALITY A. Overstating Change over Time 1. Status and contract 2. Coverture 3. Property norms in the law of parenthood B. Understating...

Rethinking copyright misuse.
December 1, 2004... INTRODUCTION I. HISTORY: ROOTS OF COPYRIGHT MISUSE A. Contextualizing the Adoption of Copyright Misuse B. Patent Misuse C. Possible Supreme Court Guidance D. The Role of the Judiciary E. Completing the Stage II....