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Full-Text Articles in History

All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome Apr 2019

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Dermot M Groome

The conduct and quality of investigations pursued by the Office of the Prosecutor of the International Criminal Court have come under increasing scrutiny and criticism from judges on the Court. Criticism is directed at the time and length of investigations; the quality of the evidence advanced in court; the inappropriate delegation of investigative functions, and the failure to interview witnesses in a way that is consistent with the Prosecution’s obligation to conduct investigations fairly under Article 54 of the Rome Statute. This essay explores these criticisms and concludes that the judges are justified in their concerns regarding the Prosecution ...


Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams Feb 2019

Examining Entrenched Masculinities In The Republican Government Tradition, Jamie R. Abrams

Jamie R. Abrams

No abstract provided.


Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris Jan 2019

Property And Sovereignty: An Indian Reserve And A Canadian City, Douglas C. Harris

Douglas C Harris

Property rights, wrote Morris Cohen in 1927, are delegations of sovereign power. They are created by the state and operate to establish limits on its power. As such, the allocation of property rights is an exercise of sovereignty and a limited delegation of it. Sixty years later, Joseph Singer used Cohen’s conceptual framing in a critical review of developments in American Indian law. Where the US Supreme Court had the opportunity to label an American Indian interest as either a sovereign interest or a property interest, he argued, it invariably chose to the disadvantage of the Indians. Within Canada ...


Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze Dec 2018

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under ...


Occupation During And After The War (China), Lukas K. Danner Jul 2018

Occupation During And After The War (China), Lukas K. Danner

Dr. Lukas K. Danner

No abstract provided.


The Riccobono Seminar Of Roman Law In America: The Lost Years, Timothy G. Kearley May 2018

The Riccobono Seminar Of Roman Law In America: The Lost Years, Timothy G. Kearley

Timothy G. Kearley

The Riccobono Seminar was the preeminent source of intellectual support for Romanists in the U.S. during the middle of the twentieth century. In the course of the Seminar's existence, many of the era's greatest Roman law scholars gave presentations at the Riccobono Seminar. The Seminar's history after it came under the aegis of the Catholic University of America in 1935 has been readily available, but not so for the earliest years of 1930-35, when it moved among several law schools in the District of Columbia. This paper uses archival information and newspaper articles to describe the ...


Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito May 2018

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Natsu Taylor Saito

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises ...


Unconscionability, Freedom, And The Portrait Of A Lady, Jennifer Nadler Apr 2018

Unconscionability, Freedom, And The Portrait Of A Lady, Jennifer Nadler

Jennifer Nadler

The doctrine of unconscionability allows a court to refuse to enforce a contract because of its unfairness. Although well settled in contract law, the doctrine remains controversial. Critics of the doctrine argue that it is impermissibly paternalistic: it rescues responsible agents from the consequences of their own mistakes.' Defenders of the doctrine admit its paternalism but insist that the unfairness in cases of unconscionability makes paternalist intervention legitimate. Critics say that the doctrine is sentimental and wonder if the resort to expressions such as "shocks the conscience" conceals the defenders' inability to articulate the standard these agreements supposedly transgress.' Defenders ...


Black Courts, Ernesto A. Longa Feb 2018

Black Courts, Ernesto A. Longa

Ernesto A. Longa

Book Abstract: Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts. Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice ...


Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018) Dec 2017

Syllabus Cpo 3103 (Rvbb): Politics Of Western Europe (Summer B 2018)

Dr. Lukas K. Danner

No abstract provided.


Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo Nov 2017

Outsourcing Sacrifice: The Labor Of Private Military Contractors, Mateo Taussig-Rubbo

Mateo Taussig-Rubbo

Numerous scandals arising from the United States government's increased use of armed private military contractors have drawn attention to the contractors' legally ill-defined position. But the complexity of the contractors' relation to various bodies of law and doctrine - including military law, international law, state tort law, employment law, and sovereign immunity - is not the only salient issue. The contractors are also awkwardly positioned in relation to the traditional understanding of sacrifice, which has structured Americans' imaginings about those who kill and are killed on behalf of the nation. In this understanding, there is a mutually constitutive relationship between citizenship ...


The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen Nov 2017

The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen

Matthew Steilen

This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker ...


Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai Nov 2017

Glorious Precedents: When Gay Marriage Was Radical, Michael Boucai

Michael Boucai

In the years immediately following the Stonewall riots of June 1969, a period when "gay liberation" rather than "gay rights" described the ambitions of a movement, at least ten same-sex couples across the United States applied or attempted to apply for marriage licenses. All were refused except for two men in Texas, one of whom apparently looked convincing in a miniskirt, a wig, and false eyelashes. Lawsuits ensued in five states, and four made their way to and beyond trial.'


Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder Nov 2017

Did The Slaves Author The Thirteenth Amendment? An Essay In Redemptive History, Guyora Binder

Guyora Binder

No mere appendix to the Constitution, the Thirteenth Amendment reframed the nation. But if the nation emerged from its crucible founded anew, who were its new founders? I will argue that it makes a moral difference to whom we credit our "new birth of freedom" and that credit is due the slaves.

Recognizing the slaves as framers might change the implications we find in the Thirteenth Amendment, making it a more potent weapon in the arsenal of civil rights advocates. But my present purpose is neither to explicate the values of the slaves, nor to apply those values to Thirteenth ...


The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas Nov 2017

The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas

Samantha Barbas

In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law Review article The Right to Privacy, called for a new legal right that would allow the victims of truthful but embarrassing press publicity to sue in tort and recover damages for emotional harm. Currently, in most states, it constitutes a tort if the disclosure of "matter concerning the private life of another" would be highly offensive to a reasonable person and the matter is not "of legitimate concern to the public." If the disclosed subject matter is of legitimate public concern, the newsworthiness privilege immunizes the disclosure. However ...


Response: Interpretation Is Not A Theoretical Issue, Stanley Fish Jul 2017

Response: Interpretation Is Not A Theoretical Issue, Stanley Fish

Stanley Fish

Let me begin by taking up three issues raised by Professor Seaton: (1) the relationship between interpretation and intention; (2) the relationship between literary and legal study; and (3) the relationship between theoretical accounts of a practice-law, literature, or anything else-and the performance of that practice. For Professor Seaton, these and related topics fall under the general rubric of "theories of interpretation," and he promises at the beginning of his paper to explore the theories of interpretation articulated by Dworkin, Fish, and Posner. The first thing to say is that I don't have a theory of interpretation, or, rather ...


Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine L. Fisk May 2017

Authors At Work: The Origins Of The Work-For-Hire Doctrine, Catherine L. Fisk

Catherine Fisk

The death of the author was announced in literary circles quite some time ago. Rumors of the author's demise were, in my view, premature. The author isn't dead; he just got a job. Unfortunately, as if in a company-man dystopia, he has been subsumed into the identity of his corporate employer. His disappearance is by now almost complete. Although he has gone on writing, the corporation has become the author of his oeuvre. Yet the desire both to create and to be recognized as a creator is irrepressible. The creative process is both inherently individual and inescapably social ...


The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara Nov 2016

The Representations Of Arab-Muslims Through The Language Lens, Abed El-Rahman Tayyara

Abed el-Rahman Tayyara

The article examines the use of Arabic as a sociolinguistic marker in American films that were released around the time of the events of 9/11/01 and investigates the extent to which stereotypical factors have been continuing in the same vein as in the past. Specifically, this study is a textual analysis of the application of Arabic in five recent films: Three Kings (dir. David O. Russell, 1999), Hidalgo (dir. Joe Johnston, 2004), Kingdom of Heaven (dir. Ridley Scott, 2005), Syriana (dir. Stephen Gaghan, 2005), and Body of Lies (dir. Ridley Scott, 2008). The article demonstrates that the manner ...


Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis A. Grossman Nov 2016

Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis A. Grossman

Lewis A. Grossman

In the decades following the Civil War, the American legal profession engaged in a heated debate about the wisdom of replacing the substantive common law with a written civil code. During the dispute's most intense period, in the 1880s, discussions of the benefits and shortcomings of codification appeared regularly in legal publications, as well as in general-interest newspapers and magazines. Professional organizations and state legislatures devoted countless hours to the question. Ultimately, the postbellum codification movement achieved little. By the 1890s, it was apparent that the American defenders of the common law had won the battle. The codification impulse ...


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Jul 2016

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Benjamin Geva

No abstract provided.


From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley Feb 2016

From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley

Timothy G. Kearley

This article describes how the classical past, including Roman law and a classics-based education, influenced elite legal culture in the United States and university-educated Americans into the twentieth century and helped to encourage Scott, Blume, and Pharr to labor for many years on their English translations of ancient Roman law. 


Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress Feb 2016

Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress

Cynthia Burress

For a variety of reasons, Muslims in America are in the public spotlight. As a result, the demand for information and analysis on Muslims and Islam in the United States has risen. In an effort to provide a resource for academics, advocates, journalists, and others, we created this bibliography composed of over 230 books published between 1970 and 2015 focused on Muslims and Islam in the United States. We did not include books that focus primarily on Islam and/or Muslims outside of the United States. The bibliography is categorized by subject matter and chronologically with the most recent publications ...


After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau Dec 2015

After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy A. Thomas, Tj Boisseau

Tracy A. Thomas

Almost a full century in the making, the campaign for an ERA far exceeded in longevity the campaign for woman suffrage, however much a “logical next step” women's equality seemed to some following the spectacular achievement of the Nineteenth Amendment. The history of the amendment reveals how resistant to the idea of equality between men and women a political system -- even one that includes women as voters -- can be. In this chapter, we re-examine the route taken by the ERA through its many permutations in the century since the passage of woman suffrage. Proposed by Alice Paul in 1923 ...


El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall Dec 2015

El Nuevo Pacto Protestante: La Influencia De La Teología Protestante En El Derecho De Bienes Y Contratos, Brian M. Mccall

Brian M McCall

Es imposible disociar la moral (o la ética) de la doctrina teológica. Como Richard Weaver explicó en el pasado siglo, las ideas tienen consecuencias.
Por lo tanto, un cambio de doctrina teológica irá inevitablemente acompañado por un cambio en las normas que gobiernan la conducta. Dado que la ley humana es relativa a los usos y costumbres de la comunidad para la cual se dicta y se desarrolla a la luz de aquéllos, tales cambios terminarán abriéndose paso en las leyes.
Después de quinientos años, las nuevas doctrinas del protestantismo han producido sus efectos sobre la moral y el derecho ...


Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite Nov 2015

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

George W. Geib

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects: The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain ...


Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee Nov 2015

Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success ...


International Activity And Domestic Law, Adam I. Muchmore Aug 2015

International Activity And Domestic Law, Adam I. Muchmore

Adam I. Muchmore

This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.


Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner Jul 2015

Table Annexed To Article: Basic Texts In The Founding Of Parliamentary Science Originating From The United States (In Mr Text Format), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic presents basic texts in parliamentary practice searchable in MR Text Format; these texts cover all of the procedural rules and standing orders from September 6, 1774 (the First Continental Congress) through the rules governing the United States Senate as of the publication of Thomas Jefferson’s Manual of Parliamentary Practice (1801).


The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner Jul 2015

The Text Of The Standing Orders Of The Federal Convention: Jackson’S And Madison’S Texts Surveyed, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Drawing on Farrand’s Records of the Federal Convention of 1787, Vol. 1, Our Constitutional Logic has reconciled the differences between the text of the standing Orders as presented in the text of William Jackson, the convention’s secretary, and James Madison, the convention’s semi-official reporter, both as edited by Max Farrand. This text will appear in Basic Texts in the Founding of Parliamentary Science Originating from the United Kingdom and United States (in MR Text Format), 2 OCL 136_5; in turn, OCL is producing the first concordance of these texts in Founding the Science of Parliamentary Procedure, 1785-1789 ...