Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (43)
- William & Mary Law School (15)
- University of Pennsylvania Carey Law School (11)
- BLR (8)
- SelectedWorks (8)
-
- Villanova University Charles Widger School of Law (7)
- University of Georgia School of Law (6)
- Washington and Lee University School of Law (6)
- St. Mary's University (4)
- Wayne State University (4)
- American University Washington College of Law (3)
- University of Colorado Law School (3)
- City University of New York (CUNY) (2)
- New York Law School (2)
- Florida International University College of Law (1)
- Fordham Law School (1)
- Notre Dame Law School (1)
- Pepperdine University (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Selected Works (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Indiana Law Journal (38)
- All Faculty Scholarship (11)
- William & Mary Law Review (9)
- ExpressO (7)
- Scholarly Works (7)
-
- Villanova Law Review (7)
- Washington and Lee Law Review (6)
- Faculty Publications (5)
- Law Faculty Research Publications (4)
- St. Mary's Journal on Legal Malpractice & Ethics (4)
- Articles in Law Reviews & Other Academic Journals (3)
- Publications (3)
- Dissertations, Theses, and Capstone Projects (2)
- 1971–1975: Thomas L. Shaffer (1)
- Articles (1)
- Articles & Chapters (1)
- Dalhousie Law Journal (1)
- David B Kopel (1)
- David McDonald (1842-1853) (1)
- Eric H Schepard (1)
- Faculty Books (1)
- Fordham Urban Law Journal (1)
- George Reinhard (1902-1906) (1)
- Hillary A Henderson (1)
- Historic Documents (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- John D. Castiglione (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Justin Hansford (1)
- Law Faculty Scholarly Articles (1)
- Publication Type
- File Type
Articles 1 - 30 of 137
Full-Text Articles in Law
One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene
One Of The Good Guys: The Making Of A Justice–Reflections On My First 94 Years, Jamal Greene
The Journal of Appellate Practice and Process
No abstract provided.
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Thomas L. Shaffer: A Remembrance, Noel Augustyn
Thomas L. Shaffer: A Remembrance, Noel Augustyn
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Tom and Nancy Shaffer
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick
The Paradox Of Justice John Paul Stevens, Sonja R. West, Dahlia Lithwick
Scholarly Works
In the days following Justice John Paul Stevens’s death last year, numerous tributes and remembrances immediately poured forth. Former clerks, journalists, and legal scholars all grasped for the perfect words to capture the man and the justice we had just lost.
Yet many readers of these tributes and homages might have begun to wonder whether they were actually all talking about the same person. Because, taken together, the various portraits appeared to be full of contradictions. In one piece, for example, Justice Stevens is described as a frequent lone dissenter, while in another he is praised for his consensusbuilding leadership. …
Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel
Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel
David B Kopel
Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the century after Jefferson …
Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney
Virtue: A Life Of Mary Wollstonecraft, Jessica Mcgivney
Dissertations, Theses, and Capstone Projects
This thesis is a screenplay for an imagined "biopic" of Mary Wollstonecraft. Wollstonecraft has already been the subject of many biographies, each presenting their authors' own understanding of her life. Here, I present my view, guided -- to varying and sometimes conflicting degrees -- by my understanding of her own fictionalized autobiographical efforts; by my understanding of Godwin's attempted work in his Memoir of the Author of the Vindication of the Rights of Woman; by the idea that her beliefs about virtue and freedom drove her forward through her own life; by the needs of narrative structure and the challenges …
Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray
Queen Of The Underworld: The Biography Of Sophie Lyons (1848-1924), Barbara M. Gray
Dissertations, Theses, and Capstone Projects
Sophie Lyons was a nineteenth-century American pickpocket, blackmailer, con-woman, and bank robber. She was raised in New York City's underworld, by Jewish immigrant parents who were criminals that trained their children to pick pockets and shoplift. "Pretty Sophie" possessed a rare combination of skill at thievery, intellect, guts and beauty and became the woman Herbert Ashbury described in Gangs of New York as, "the most notorious confidence woman America has ever produced." Newspapers around the world chronicled Sophie's exploits for more than sixty years, because her life read like a novel. Her mentor was another forgotten woman who held a …
Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll
Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll
Walter J. Kendall lll
Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the Wealth of Nations and an economic theorist. He is less well known as the author of a Theory of Moral Sentiments and an ethicist. And known almost not at all for his Lectures on Jurisprudence or as a legal theorist. This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, government, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality, and …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Memoirs, Thomas L. Shaffer
Memoirs, Thomas L. Shaffer
1971–1975: Thomas L. Shaffer
Table of Contents
Chapter 1 My Grandparents 1
Chapter 2 On the Goat Farm 32
Chapter 3 A Little Boy's War 41
Chapter 4 Back to the Mountains 49
Chapter 5 Shelledy School 61
Chapter 6 The Shop 66
Chapter 7 Printer's Devil 77
Chapter 8 Fruita Union High School 86
Chapter 9 My Year with the Monks 95
Chapter 10 U.S.A.F. 113
Chapter 11 Newfoundland 122
Chapter 12 The College 136
Chapter 13 Coming to Notre Dame 144
Chapter 14 Law School 158
Chapter 15 On the Track 165
Chapter 16 The Firm 173
Chapter 17 Indianapolis 184
Chapter …
Pivoting To Progressivism: Justice Stephen J. Chadwick, The Washington Supreme Court And Change In Early Twentieth Century Judicial Reasoning And Rhetoric, Hugh D. Spitzer
Articles
Relatively little attention has been paid to the part played by state judges in upholding progressive legislation in the early twentieth century in a period when the United States Supreme Court often overturned reform measures on constitutional grounds. In contrast, between 1910 and 1913, the Washington State Supreme Court rapidly changed its doctrinal analysis and its stance on judicial deference to elected lawmakers, aligning the state’s constitutional law with the public’s new views on the responsibility of government in addressing social and economic challenges. A fascinating window on the progressive period and changes in judicial reasoning and rhetoric is provided …
The Battle For The Soul Of International Shoe, Eric H. Schepard
The Battle For The Soul Of International Shoe, Eric H. Schepard
Eric H Schepard
In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Now over 36 years old, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond. Over the past thirty-six years NACD has grown from a mere realization of the importance of corporate governance to become the only national membership …
The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson
The Issue Is Being Intersex: The Current Standard Of Care Is A Result Of Ignorance, And It Is Amazing What A Little Analysis Can Conclude., Marla J. Ferguson
marla j ferguson
The Constitution was written to protect and empower all citizens of the United States, including those who are born with Disorders of Sex Development. The medical community, as a whole, is not equipped with the knowledge required to adequately diagnose or treat intersex babies. Intersex simply means that the baby is born with both male and female genitalia. The current method that doctors follow is to choose a sex to assign the baby, and preform irreversible surgery on them without informed consent. Ultimately the intersex babies are mutilated and robbed of many of their fundamental rights; most notably, the right …
Judge Lawrence R. Lapolla, David J. Agatstein
Judge Lawrence R. Lapolla, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cause Judging, Justin Hansford
Cause Judging, Justin Hansford
Justin Hansford
Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that …
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
All Faculty Scholarship
No abstract provided.
In Memoriam: Katherine Vaughns
Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo
Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo
Faculty Books
Indice:
Capítulo 1. El estudio histórico-social de los juristas académicos: producción intelectual y papel político.
Capítulo 2. La independencia y la construcción inicial del estado (1800-1847).
Capítulo 3. Tiempos de disgregación y autoritarismo (1848-1958).
Capítulo 4. Institucionalización de la investigación y sus límites (1959-2012).
Capítulo 5. Conocimiento, política y revolución. - Apéndice: Mini biografías de los juristas académicos analizados.
Referencias.
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Remembering Ed Baker, Tobias Barrington Wolff
Remembering Ed Baker, Tobias Barrington Wolff
All Faculty Scholarship
This is a short biographical piece honoring and describing deceased colleague C. Edwin Baker.
A Dean's Perspective On Ed Baker, Michael A. Fitts
A Dean's Perspective On Ed Baker, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Wise Man Of The Law, Anthony J. Scirica
A Wise Man Of The Law, Anthony J. Scirica
All Faculty Scholarship
No abstract provided.
Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke
Lessons In Legal Ethics From Reading About The Life Of Lincoln, Eugene R. Gaetke
Law Faculty Scholarly Articles
Abraham Lincoln is an icon of American history. He is prominently named in various opinion polls as among the best Presidents in the history of the United States. His stature as a great President is perhaps best reflected currently in the stream of events constituting a national two-year celebration of his 1809 birth. Even before that, however, scholarly and popular interest and Lincoln’s life and Presidency continued unabated, as indicated by the steady publication and success of books about him. Notable among these works is David Herbert Donald’s best-selling biography of our sixteenth President titled Lincoln.
Although Mr. Donald’s …
Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva
Judicial Diversity On State Supreme Courts, John D. Castiglione, Gregory L. Acquiaviva
John D. Castiglione
State courts of last resort are, in many ways, the primary expositors of law in the United States. Criminal law, contracts, family law, wills, trusts, and estates -- just to name a few -- fall within their purview. And yet, we know surprisingly little about just who sits on these courts -- state supreme court judges have been described as “perhaps the most important and least written about group within the judicial system” of the United States. Indeed, the last study on the characteristics and experiences of the state supreme court justices is almost fifteen years old. This Article presents …
Meese, Edwin Iii (1931 - ), Gary L. Mcdowell
Meese, Edwin Iii (1931 - ), Gary L. Mcdowell
Jepson School of Leadership Studies articles, book chapters and other publications
U.S. attorney general. Born in Oakland, Calif., Meese received a B.A. from Yale (1953) and an LL.B. from the University of California, Berkeley (1956). After working at the Piedmont, Calif., Recreation Department, he became deputy district attorney in Alameda county, Calif., in 1959. In 1967, he joined the staff of Governor Ronald Reagan as legal affairs secretary, holding this post until 1969, when he became Reagan's executive assistant and chief of staff. He also served as the chairman of the Governor's Emergency Operations council during the urban and campus disorders of the 1960s and early 1970s.