“War against the Constitution”

This chapter recounts the battles outside and within the Supreme Court over the five cases, first argued in 1952, argued again the following year, and decided in May 1954 under the caption Brown v. Board of Education of Topeka, Kansas. The chapter draws on transcripts of the lawyers’ oral arguments, notes of justices from the Court’s closed-door conferences to debate and decide cases, and the Court’s unanimous opinion striking down public school segregation. Among the dozen-plus lawyers who argued the five cases, Thurgood Marshall as NAACP general counsel and John W. Davis, former Democratic presidential candidate and U.S. solicitor general, who both argued in the South Carolina case, presented a sharp contrast over the rights of states to impose segregation in public schools. The Court’s closed-door conference after these arguments exposed a rift, with at least one and possibly four justices unwilling to jettison the Plessy “separate but equal” doctrine. Concerned that a split decision would inflame the heated national debate, Justice Felix Frankfurter proposed a second round of arguments a year later; the sudden death in September 1953 of Chief Justice Fred Vinson led President Dwight Eisenhower to name California governor Earl Warren to replace him. Warren used his personal charm and political skills to cajole the Court’s holdouts to join a unanimous decision. However, a third round of arguments on “implementation” of integration allowed Jim Crow schools to proceed with “all deliberate speed” in complying with the Court’s decree, which led to decade-long foot-dragging by southern officials. The chapter concludes with an account of the Little Rock, Arkansas, integration case, Cooper v. Aaron, holding that state officials could not wage “war against the Constitution” by resisting the Court’s orders.

Rapid Response: Developing a Suite of Copyright Support Services and Resources at the University of Central Florida during the COVID-19 Pandemic

Like many academic libraries, the University of Central Florida (UCF) Libraries has faced the difficult challenge of ensuring access to information and supporting the research, scholarship, and teaching needs of faculty, staff, and students during the COVID-19 pandemic crisis. Copyright and licensing matters have played a key role as the UCF Libraries has helped faculty and students navigate the rapid transition from face-to-face courses to online and conducting academic work in a wholly online environment. This article provides a case study of how the UCF Libraries developed an expanded suite of copyright support services and resources in response to the COVID-19 pandemic. It will explore how each of these services or resources provided specific support to faculty and students in teaching and learning. Services and resources developed in consultation with the Office of General Counsel include a detailed research guide with information about remote access to resources, including temporary access to licensed content from publishers; a series of professional development online workshops on topics such as copyright, fair use, and emergency circumstances and library support for course materials; and additional opportunities for individual consultation support through virtual office hours and other modes of communication, such as chat, email, and phone. The aim of this article is to provide academic libraries with examples of copyright services from a large metropolitan library during COVID-19 so that they can be used as a model when implementing copyright support at their respective institutions during these exigent circumstances and beyond.

Legal Expertise and the Role of Litigation Risk in Firms' Conservatism Choices

Firms face a greater risk of lawsuits for overstated rather than understated earnings or net assets, suggesting conservatism can reduce firms' expected legal costs. Because managers with legal expertise are more likely than other managers to recognize the legal benefits of conservatism, this study examines whether legal expertise among members of senior management promotes greater conservatism. Consistent with this prediction, we find that firms with a general counsel (GC) in senior management (our proxy for legal expertise) report more conservatively. We also find that GC firms recalibrate their conservatism levels in response to changes in the legal environment-their conservatism choices are more responsive to litigation against peer firms and to two judicial rulings that affected the litigation risk for firms located in the Ninth Circuit. Overall, our findings suggest that populating senior management with legal experts affects the extent to which a firm's level of conservatism incorporates legal risks.

Tone From the Top: The Role of the General Counsel in the Prevention of International Sports

To prevent harassment and abuse in sports, the consensus is that an essential factor is “tone from the top” of the organization. It is key as a catalyst and sustainer of change, whether in the corporate or sports world. An organization's general counsel is one of the go-to top advisors for executive leadership regarding laws and regulations. Additionally, they serve as advisors for issues in other areas, such as public policy, ethical and legal risks, and human rights. With their leadership, general counsels can play a vital role in the prevention of harassment and abuse in an organization. The guidance and leadership of the general counsel should facilitate reviewing and strengthening of the organization's policies and procedures and other strategies helping to prevent and address issues of harassment and abuse. Legal issues become more complex the more global the organization, so more complex strategies are needed to tackle these issues successfully.

When Crisis Comes to the Newsroom

In this chapter, the deputy general counsel at the New York Times explores the special challenges of crisis management at a news organization. News organizations dedicated to reporting the news are forced to adapt to a different role: being the topic of news coverage and making strategic decisions about what information can be released. The kidnapping and detention of Times journalists serve as case studies in how legal counsel need to adapt legal skills to the problem-solving and decision-making demanded in managing a crisis response.

Designing a Chip That's Good For You

Carolyn Herzog, EVP and General Counsel at ARM talks to Johanna Hamilton AMBCS about AI, diversity, inclusivity and the importance of matching the algorithm to the community.

Life in Prison for Bill

Bill’s Tanzanian attorney flies to Maswa with the bail notice but finds that Bill has been moved to Butimba Prison in Mwanza, where medical support is good, and so the request for bail is withdrawn. Peace Corps assistant general counsel Anthony (Tony) Essaye arrives from Washington, D.C., and directs planning of the next steps in the case. Butimba Prison offers quite reasonable facilities, although Bill is later moved temporarily to a prison near Maswa with less-accommodating facilities. Fellow volunteers visit Bill in prison and describe the conditions. Dr. McHugh and an American priest visit Bill in prison and come away quite concerned about his mental health. Paul Sack sends a letter to Peace Corps volunteers describing the prison conditions.

Peace Corps Faces Challenges

Once the PI is concluded, Peace Corps officials struggle with how to inform volunteers and others on the status of the case. Not only are the facts coming out of the PI extremely damaging to Bill’s case, but the Peace Corps also continues to be battered by complaints from volunteers and others that Bill has been abandoned. Because the prosecution presented its case at the PI, but the defense did not, the only public details available are damning ones presented by the prosecution. Deputy General Counsel Tony Essaye and others prepare memos on the facts, the legal and medical issues, and what needs to be done. The memos are sent to Peace Corps Washington, where further responses and analysis are provided. These memos will serve as an important framework for the trial preparation to come.

The Peace Corps and Criminal Defense

The Peace Corps determines that it should remain neutral in the case and that it is legally barred from paying for Bill’s representation. Peace Corps officials in Dar es Salaam argue vigorously that the Peace Corps should cover the costs, but after the Peace Corps general counsel prepares a number of legal memos on the issue (which are discussed in detail), it is decided that the Peace Corps cannot, and so legislation to remedy the problem is drafted and sent to Congress. Bill’s family is unhappy with the Peace Corps decision and feels that Bill has been abandoned. However, in the end, his father agrees to cover the costs of the defense in the trial.