Yeah--I could go for that one too. Happy Holidays everyone.
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of David W. Opderbeck
Sent: Mon 12/19/2005 5:10 PM
To: [log in to unmask]
Cc:
Subject: Re: Penumbras again
Or:
Which penumbras do you prefer:
(a) Those that subvert the democratic process by allowing of 5 out of 9 unelected, unaccountable, elitist juges to overturn the will of the people as reflected in laws passed by elected representatives;
(b) Those invoked by our Commander-in-Chief, who is accountable to the political process, in the course of a war against evil terrorists who want to kill us;
(c) Both;
(d) Neither.
:-)
Personally I would take any penumbra that would grade my exams for me.
David W. Opderbeck
Assistant Professor of Business Law
Baruch College, City University of New York
(646) 312-3602
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"Ingulli, Elaine" <[log in to unmask]>
Sent by: "Academy of Legal Studies in Business (ALSB) Talk" <[log in to unmask]>
12/19/2005 04:49 PM
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Subject: Re: Penumbras again
OK: here's a response:
Which penumbras do you prefer?
(a) Those that create and protect individual rights and freedoms
(b) Those that trample on the above.
(c) Both
(d) Neither
Sorry--I couldn't resist.Elaine
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk on behalf of Keith Maxwell
Sent: Mon 12/19/2005 4:33 PM
To: [log in to unmask]
Cc:
Subject: Penumbras again
ALSBers:
I’m taking an informal survey related to a recent current event.
Which penumbra do you prefer?
(a) The one Douglas found in the First Amendment
(b) The one the President finds in Article II
(c) Both
(d) Neither
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Keith A. Maxwell
Nat S. and Marian W. Rogers Professor
Professor of Legal Studies and Ethics
School of Business and Leadership
University of Puget Sound
Tacoma, WA 98416
Office Phone: 253.879.3703
www.ups.edu/faculty/maxwell/home.htm
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_____
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Kenneth Schneyer
Sent: Tuesday, December 13, 2005 7:18 AM
To: [log in to unmask]
Subject: Re: Penumbra metaphors
Isn’t the literal meaning of penumbra sufficiently metaphorical for legal purposes? “A partial shadow, as in an eclipse, between regions of complete shadow and complete illumination.”
Ken Schneyer
-----Original Message-----
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Keith Maxwell
Sent: Monday, December 12, 2005 6:34 PM
To: [log in to unmask]
Subject: Penumbra metaphors
A metaphor for “penumbra”? What about the aftertaste that lingers on the palate after a sip of an excellent wine. Though originalists will likely disagree, the “penumbra du vin,” like its constitutional counterpart, is not whimsical at all—it is a quality of the wine. If you do not like the aftertaste, drink different wine. (Lest I be misunderstood, the latter is NOT a metaphor for “love it or leave it”, but it could be one for Article V.)
Keith
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Keith A. Maxwell
Nat S. and Marian W. Rogers Professor
Professor of Legal Studies and Ethics
School of Business and Leadership
University of Puget Sound
Tacoma, WA 98416
Office Phone: 253.879.3703
www.ups.edu/faculty/maxwell/home.htm
ooooooooooooooooooooooooooooooooooooooooooooooooo
_____
From: Academy of Legal Studies in Business (ALSB) Talk [mailto:[log in to unmask]] On Behalf Of Frank Cross
Sent: Monday, December 12, 2005 7:47 AM
To: [log in to unmask]
Subject: Re: my point, and cakes as the Constitution
This is not a good metaphor for originalists.
If I'm eating a cake, I definitely want input from the international community. Certainly the French and Viennese. And I don't want the same old exact cake, over and over again, prepared from a recipe that permits no departures.
At 09:39 AM 12/12/2005, David W. Opderbeck wrote:
To your nose, what scent connotes sweet justice?
I'm not sure, but I'll bet I could find something in the law and norms of the international community that would provide some guidance.
David W. Opderbeck
Assistant Professor of Business Law
Baruch College, City University of New York
(646) 312-3602
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"Michael O'Hara" <[log in to unmask]>
Sent by: "Academy of Legal Studies in Business (ALSB) Talk" <[log in to unmask]>
12/12/2005 09:08 AM CST
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Subject: Re: my point, and cakes as the Constitution
David:
I love your sense of humor, it so exhibits the overtones of an
emanation. Clearly, the cake's penumbra would be the those tastes a cook
calls a shadow of a flavor (e.g., hickory flavor is strong and meringue if
weak). The emanations, of course, would the aromas of the cake. To your
nose, what scent connotes sweet justice?
Michael
Professor Michael J. O'Hara, J.D., Ph.D.
Finance, Banking, & Law Department Editor, Journal of Legal
Economics
College of Business Administration (402) 554 - 2014 voice fax (402)
554 - 3825
Roskens Hall 502 www.AAEFE.org <http://www.aaefe.org/>
University of Nebraska at Omaha www.JournalOfLegalEconomics.com <http://www.journaloflegaleconomics.com/>
Omaha NE 68182
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(402) 554 - 2823 voice fax (402) 554 - 2680
http://cba.unomaha.edu/faculty/mohara/web/ohara.htm
**********************************************************
Frank Cross
McCombs School of Business
The University of Texas at Austin
1 University Station B6000
Austin, TX 78712-1178
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