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2015

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Institution
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Articles 31 - 36 of 36

Full-Text Articles in Legal

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp Jan 2015

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

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Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell Jan 2015

Avoiding The Guillotine: The Need For Balance And Purpose In Determining Fundamental Rights Under The Fourteenth Amendment, Timothy A. Campbell

Timothy A Campbell

This Article examines the need to bridge the two fields of thought in fundamental rights jurisprudence. This Article argues two points. Broadly, an objective principle to determine fundamental rights is non-existent because rights by their nature are subjective. Hence, the Court must accept some subjectivity, but it needs to install guideposts to direct the judge’s discretion. The Court also needs to adopt a balanced approach that combines rationalism and traditionalism. They need to look at the purpose of the asserted right, the specificity of the asserted right, legal precedent, and history in formulating a balanced approach.

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New York Oneida: Land Claims, Federal Policies, State Intervention, And Casino Development, Lee M. Hanover Jan 2015

New York Oneida: Land Claims, Federal Policies, State Intervention, And Casino Development, Lee M. Hanover

Calvert Undergraduate Research Awards

This paper examined the relationship between Oneida land sovereignty and their self-determination in establishing the Turning Stone Casino. The paper reviewed general trends in Oneida history with the state of New York, focusing on federal policies aimed at American Indian communities, and the legal cases that the Oneida have brought against New York and the federal government. The study extrapolated that historic cases involving political, legal, and land sovereignty issues prepared them for the fight over their casino’s admittance on Oneida land. The paper then addressed the reoccurring battles with the state of New York over the legality and jurisdiction …

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"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor Jan 2015

"Spitting Positively Forbidden": The Anti-Spitting Campaign, 1896-1910, Patrick J. O'Connor

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp Dec 2014

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

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Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani Dec 2014

Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani

Karen M. Tani


This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenomenon of federal agencies—rather than courts—assuming significant responsibility for elaborating the meaning of the U.S. Constitution.  Drawing on original historical research, I document and analyze what I call “administrative equal protection”: interpretations of the Fourteenth Amendment’s Equal Protection Clause in a key federal agency at a time when the Clause’s meaning was fiercely contested.  These interpretations are particularly important because of their interplay with cooperative federalism—specifically, with states’ ability to exercise their traditional police power after accepting federal money.
The Article’s argument is based on a story of change …

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