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The Absent Amicus: “With Friends Like These . . .”

Jan. 14, 2015—The Absent Amicus: “With Friends Like These . . .” This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Professor of Law Emeritus and President Emeritus, University of Virginia; Former President and Professor of Law, University of Wisconsin System, Senior Fellow, Association of Governing Boards of Colleges and Universities.

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Public Interest Lawyering & Judicial Politics: Four Cases Worth a Second Look in Williams-Yulee v. The Florida Bar

Jan. 14, 2015—Public Interest Lawyering & Judicial Politics: Four Cases Worth a Second Look in Williams-Yulee v. The Florida Bar This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Professor of Law and University Distinguished Professor, City University of New York (CUNY) School of Law. My thanks to the editors and staff of...

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Much Ado About Nothing: The Irrelevance of Williams-Yulee v. The Florida Bar on the Conduct of Judicial Elections

Jan. 14, 2015—Much Ado About Nothing: The Irrelevance of Williams-Yulee v. The Florida Bar on the Conduct of Judicial Elections This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHORS Chris W. Bonneau Associate Professor, Department of Political Science, University of Pittsburgh. Shane M. Redman Department of Political Science, University of Pittsburgh.

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Williams-Yulee and the Inherent Value of Incremental Gains in Judicial Impartiality

Jan. 14, 2015—Williams-Yulee and the Inherent Value of Incremental Gains in Judicial Impartiality This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHORS David W. Earley was an attorney at the Brennan Center for Justice at N.Y.U. School of Law from 2010 to 2014. Matthew J. Menendez is Counsel at the Brennan Center. The...

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Judicial Elections, Judicial Impartiality and Legitimate Judicial Lawmaking: Williams-Yulee v. The Florida Bar

Jan. 14, 2015—Judicial Elections, Judicial Impartiality and Legitimate Judicial Lawmaking: Williams-Yulee v. The Florida Bar This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Professor of Law, University of Kansas School of Law. Thanks to Nicole Smith, Mark Wilkins, and Abigail West for helpful research assistance.

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The Jekyll and Hyde of First Amendment Limits on the Regulation of Judicial Campaign Speech

Jan. 14, 2015—The Jekyll and Hyde of First Amendment Limits on the Regulation of Judicial Campaign Speech This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR John F. Kimberling Professor of Law, Indiana University Maurer School of Law. I’d like to thank Jim Alfini, Dan Conkle, James Sample, and Margaret Tarkington for their...

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What Do Judges Do All Day? In Defense of Florida’s Flat Ban on the Personal Solicitation of Campaign Contributions From Attorneys by Candidates for Judicial Office

Jan. 14, 2015—What Do Judges Do All Day? In Defense of Florida’s Flat Ban on Personal Solicitation of Campaign Contributions From Attorneys by Candidates for Judicial Office This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHOR Inez Milholland Professor of Civil Liberties, New York University School of Law. I make no pretense of...

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Williams-Yulee v. The Florida Bar, the First Amendment, and the Continuing Campaign to Delegitimize Judicial Elections

Jan. 14, 2015—Williams-Yulee v. The Florida Bar, the First Amendment, and the Continuing Campaign to Delegitimize Judicial Elections This piece is part of the Williams-Yulee v. The Florida Bar Roundtable AUTHORS Michael E. DeBow Professor, Cumberland School of Law, Samford University. Brannon P. Denning Professor and Associate Dean, Cumberland School of Law, Samford University.

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The Role of Federal Law in Private Wealth Transfer: Introduction

Nov. 19, 2014—Introduction Symposium 2014 AUTHOR Centennial Professor in Law, Vanderbilt University Law School.

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In Search of the Probate Exception

Nov. 19, 2014—In Search of the Probate Exception ABSTRACT As a limit on the power of Article III courts, the probate exception has surely earned its place in the old curiosity shop of federal jurisdictional law. Dating from the early nineteenth century, the exception has been said to derive from various sources, including the lack of federal...

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Federalization of the Law of Charity

Nov. 19, 2014—Federalization of the Law of Charity ABSTRACT To this day, the law of charity is often thought of as a matter for the states. In fact, the crucial law relating to charity is now almost always federal. For certain purposes, state law still determines whether a given entity is “charitable.” It also determines the propriety...

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Is Federalization of Charity Law All Bad? What States Can Learn from the Internal Revenue Code

Nov. 19, 2014—Is Federalization of Charity Law All Bad? What States Can Learn from the Internal Revenue Code Commentary on Mark L. Ascher, Federalization of the Law of Charity, 67 Vand. L. Rev. 1581 (2014). AUTHOR Professor of Law, Benjamin N. Cardozo School of Law.

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The Creeping Federalization of Wealth-Transfer Law

Nov. 19, 2014—The Creeping Federalization of Wealth-Transfer Law ABSTRACT This Article surveys areas of federalization of wealth-transfer law. Federal authorities have little experience in making law that governs wealth transfers, because that function is traditionally within the province of state law. Although state wealth-transfer law has undergone significant modernization over the last few decades, all three branches...

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Destructive Federal Preemption of State Wealth Transfer Law in Beneficiary Designation Cases: Hillman Doubles Down on Egelhoff

Nov. 19, 2014—Destructive Federal Preemption of State Wealth Transfer Law in Beneficiary Designation Cases- Hillman Doubles Down on Egelhoff ABSTRACT The probate codes in about a third of the states contain a so-called divorce revocation provision, applicable both to probate and nonprobate transfers. Such statutes address the situation in which a transferor’s will or will substitute designates...

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Probate Law Meets the Digital Age

Nov. 19, 2014—Probate Law Meets the Digital Age ABSTRACT This Article explores the impact of federal law on a state fiduciary’s management of digital assets. It focuses on the lessons from the Stored Communications Act (“SCA”), initially enacted in 1986 as one part of the Electronic Communications Privacy Act. Although Congress designed the SCA to respond to...

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The Stored Communications Act and Digital Assets

Nov. 19, 2014—The Stored Communications Act and Digital Assets Commentary on Naomi Cahn, Probate Law Meets the Digital Age, 67 Vand. L. Rev. 1697 (2014). AUTHOR Professor of Law, University of California, Davis, School of Law (King Hall). Thanks to Naomi Cahn for helpful comments.

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