Rofes Receives Kutulakis Award

AALS Peter RofesIt was a privilege today to attend the lunch of the Section on Student Services at the Association of American Law Schools’ annual meeting. For our colleague, Professor Peter K. Rofes, received the section’s Peter N. Kutulakis Award. This award recognizes the outstanding contributions of an institution, administrator, or law professor in the provision of services to law students. Our Associate Dean for Administration, Bonnie M. Thomson, nominated Professor Rofes for the Kutulakis Award, and Professor Rofes richly deserves it.

Permit me to repeat what I said a year ago concerning Prof. Rofes. The context was my reporting to students, in my beginning-of-semester letter, that Prof. Rofes had elected to return this academic year to full-time faculty duties, in the tradition of the Law School, after lengthy service as director of the part-time program and associate dean for academic affairs. I wished to explain “my thanks and admiration”:

I have been especially impressed by Prof. Rofes’s ability—even while administering the academic program, including determining course offerings, working with full-time and adjunct faculty, overseeing the schedule, and running the Academic Support Program—never to lose sight of the individuals with whom he works and never to fail to make time, for example, for the individual in need of time, attention, or assistance. There is a lesson for you in his work. For your work as a lawyer also will be in support and service of others; indeed, the work of the lawyer inheres most basically in the attention to and care for another. I express at graduation my hope that you have found some models in these, your early days in the profession. You—we—would do well especially to consider the important ways in which Prof. Rofes is an exemplar.

Congratulations, Peter—and thank you.

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Preview of Sykes, the Supreme Court’s Latest ACCA Case

The Supreme Court will hear argument on January 12 in Sykes v. United States, the latest entry in its recent series of cases on the Armed Career Criminal Act.  This case may provide a good opportunity for the Court to clarify what state of mind is required for a prior conviction to trigger the ACCA’s fifteen-year mandatory minimum.  (For background on the ACCA, see my posts herehere, and here.)

The Court created the state-of-mind problem in Begay v. United States, 553 U.S. 137 (2008), which held that a prior conviction does not count as a “violent felony” under the ACCA unless the crime was “purposeful, violent, and aggressive.”  This is a rather mysterious phrase.  Although the word “purposeful” is a familiar culpability term, it is not clear what “violent” and “aggressive” are meant to connote in this context.  And even “purposeful” has some ambiguity, as any law student who has ever wrestled with the elusive distinction between “general intent” and “specific intent” will tell you.

Begay itself indicated that DUI does not satisfy the PVA test because DUI is a strict liability offense.  This teaches that some culpability is indeed required for an offense to count as a “violent felony,” but Begay provided little guidance beyond that.

Then came Chambers v. United States, 129 S. Ct. 687 (2009).  

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The Social Security Tax Cut And A More Direct Route To Job Growth

The first pay day of 2011 is fast approaching and just about everyone is going to see an increase in the amount of their take home pay.  The amount of the change depends on how much money a person makes, but there will be a change that stems from the December passage of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (the “Act).

With the passage of the Act, the Republicans claimed victory by extending most of the “Bush Tax Cuts” for another two years.  This move was necessary to avoid an increase in the amount of tax most employees would pay each week.  To achieve a reduction in the amount paid the legislation includes a temporary two-percentage-point reduction in the employee’s share of Social Security Tax.  This reduction replaces the now expired Making Work Pay tax credit, but is slightly more expansive and will put a little more money in the pockets of the taxpaying public.

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