Fall 1999

A Message from the Dean

A Discourse on Constitutional Law
The Journey of a Journal
On History and Heritage: John K. Castle
In Defense and Celebration of the First Amendment

Public Service at the Forefront
Lindback Adwardee: Bruce H. Mann
Snippets of History (1915 - 1951)
Celebrations: Alumni Reunion and Commencment

Symposium
Faculty Notes
Alumni Briefs
In Memoriam

Penn Law


The University of Pennsylvania Journal of Constitutional Law, entering its third year, has already established a solid foothold in the academic community. It is the University's first journal with full online text, one of the few student-run constitutional law publications in the country, indeed the only one in the Ivy League, and it sponsors an annual symposium attracting the nation's leading scholars of Con Law. In the words of Penn Law professor and constitutional law expert Barbara Bennett Woodhouse, "It's off to a running start."

Twenty to thirty years ago, Woodhouse notes, most general law reviews and journals focused on a few narrow areas, with constitutional law serving as a mainstay. Now, with such specialties as law and economics or law and philosophy competing for space, constitutional articles have tended to be crowded out, opening up a niche for the specific issues addressed in constitutional law. The journalfills that niche from its office suite on the second floor of Silverman Hall, provided through the generosity of John K. Castle (see accompanying Castleprofile).

According to current editor-in-chief, third- year student David Leibowitz, the journal "as an idea, was founded in the head of law student Mike Gold (E98)" along with fellow students in Woodhouse's introductory Con course. Leibowitz, a native oftampa, Florida, who spent last summer at Shea & Gardner in Washington, D.C., took a double undergraduate major in American history and political science at Penn, graduating in 1993. He went on to a Ph.D. in government at the London School of Economics (1998).

Even in high school he nursed a budding interest in the judiciary and constitutional law, but it took Will Harris of Penn's Political Science Department - "a terrific, rigorous teacher" - to provide the inspiration for graduate school in London, where Leibowitz wrote his dissertation on "American Constitutional Communication: Appellate Court Opinions and the Implications for 'The Judicial Power of the United States.' "

At Penn Law, he has taken Con Law courses with David Rudovsky, Pamela Harris, and Seth Kreimer - whom he also describes as "fascinating and unbelievably rigorous" - and has served as a teaching assistant to Michael Moore in the fall term of 1998, and as a legal writing instructor this year. The official ribbon cutting ceremony to open the journal's offices came in 1997,


garnering a good deal of press for the school. Philadelphia Mayor Edward G. Rendell attended the opening and remains in touch with the staff. The National Constitution Center, under development on Philadelphia's Independence Square, will also serve as a liaison, says Leibowitz, once both organizations become firmly established.

The first volume of the journal comprised three issues produced over two years. Leibowitz's goal is to publish a full three-issue volume this year and then keep to that schedule going forward. For the first two years, the initial symposium provided the bulk of material, which, he says, "allows for a caliber of article you can't get from soliciting [materials] only; it's also more regular -you know when the symposium is going to be and when the paper will be in the office and what to edit. But we don't want to be just a symposium journal, we want to have a balance."

Volume 1, Number 3, Spring 1999, the last issue under the helm of coordinating editor Chanah Brenenson, a third-year student, featured studies of comparative constitutions taken from the first symposium, "Contextuality & Universality: Constitutional Borrowings on the Global Stage." It included articles by Sylvia Brown Hamano of Ryukoku University, Japan; Azizah Y. al-Hibri of the University of Richmond; Ruth Gordon of Villanova University; and Vicki C. Jackson of Georgetown. One issue of Volume 2 will reprise last winter's second annual symposium, "Established & Emerging Rights: Exploring juvenile Rights Under the Constitution." The other two will be assembled from solicited and received articles.

"The faculty is very supportive," notes Leibowitz. "We got our first article for the second issue from the relationship of Professor Kim Lane Scheppele with the professor who sent it in." In fact, as the faculty advisors to the Con Law Journa4 Matthew Adler, Barbara Bennett Woodhouse, and Scheppele are invested in helping the journal to put its best foot forward as a start-up publication.