Tuesday, September 24, 2019

Mehrotra on Fellows on Cardozo on the Welch Tax Case

Ajay K. Mehrotra, Executive Director of the American Bar Foundation and professor at the  Northwestern Pritzker School of Law, has posted "Life in All Its Fullness": Cardozo, Fellows, and the Critical Context of Welch v. Helvering," which appears in Pittsburgh Tax Review 16 (2019): 151-159:
This brief essay comments on Mary Lou Fellows recent contribution to the edited volume, Feminist Judgements. It explores Fellows's main contribution to a feminist re-evaluation of U.S. Supreme Court Justice Benjamin Cardozo's opinion in the canonical tax law case, Welch v. Helvering. The essay stress Fellows's innovative mix of sociolegal historical analysis and a humanistic law and literature approach. It also contends that Fellows may not go far enough in her feminist re-evaluation of Welch.
--Dan Ernst