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Full-Text Articles in Law

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2017

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo Dec 2014

Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo

Markus Gunneflo

This article aims to contribute to the history of biopolitical thought through a more accurate understanding of the Swedish professor of political science Rudolf Kjellén considered both in his historical and political context. Kjellén coined the term ‘biopolitics’, as early as 1905, in a two-volume work entitled The Great Powers, and developed it even further in a 1916 book entitled The State as a Form of Life. Because of the organicist analogies deployed by Kjellén, his biopolitical theory of the state is considered as a form of ‘vitalism’ or ‘organicism’ in the contemporary literature on biopolitics. Based on a close ...


Introduction To Dodge V. Ford Motor Co.: Primary Source And Commentary Material, Linda Kawaguchi Dec 2013

Introduction To Dodge V. Ford Motor Co.: Primary Source And Commentary Material, Linda Kawaguchi

Linda Kawaguchi

Original documents in historic cases provide a uniquely valuable perspective on the cases themselves and the surrounding circumstances and history that contribute to the development of legal principles.

Understanding that access to historical materials can be difficult, the Chapman Law Review has endeavored to collect source documents regarding the case of Dodge v. Ford Motor Co.

After a short introduction to this compilation, including a discussion of research methodologies, several key historical documents are reproduced and transcribed that we hope will aid future researchers.


La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher Dec 2012

La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher

Dave De ruysscher

Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets in ...


Contract And Dispossession, Deborah W. Post Aug 2012

Contract And Dispossession, Deborah W. Post

Deborah W. Post

This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory. There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, codes and conventions in determining whether the parties to an agreement meant or intended it to be legally enforceable. Contract law recognizes and regulates status relationships. The resort by judges to hegemonic conceptions of status results in dispossession when ...


Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr. Jan 2012

Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article ...


Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr. Jan 2012

Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in the Progressive ...


The Birth Of The Sperm Bank, Kara Swanson Dec 2011

The Birth Of The Sperm Bank, Kara Swanson

Kara W. Swanson

No abstract provided.


Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher Oct 2011

Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher

Dave De ruysscher

In this contribution it is demonstrated how in the seventeenth and eighteenth centuries Dutch rules concerning negotiable credit instruments (i.e., bills obligatory to bearer and bills of exchange) transformed financial law throughout the European continent. The Antwerp and Amsterdam authorities devised precepts of law on such issues that went against substantial principles of the academic ius commune. In the course of the seventeenth century, the former’s success brought about their insertion into financial legislation of German cities. This phenomenon came along with a new comparative approach of legislators in the whole of Europe, which was typical of that ...


Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson Apr 2011

Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala Apr 2011

Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Food And Drug Law As Intellectual Property Law: Historical Reflections, Kara Swanson Jan 2011

Food And Drug Law As Intellectual Property Law: Historical Reflections, Kara Swanson

Kara W. Swanson

No abstract provided.


Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala Jan 2011

Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Getting A Grip On The Corset: Gender, Sexuality And Patent Law, Kara Swanson Dec 2010

Getting A Grip On The Corset: Gender, Sexuality And Patent Law, Kara Swanson

Kara W. Swanson

No abstract provided.


Good Manners, Gay Rights And The Law, Keith J. Bybee Nov 2010

Good Manners, Gay Rights And The Law, Keith J. Bybee

Keith J. Bybee

In this paper, I argue that the expansion of LGBT rights requires engagement with the common practices of courtesy that confer and reinforce social standing. In order to understand what this engagement with good manners might look like, I outline the basic features of common courtesy and illustrate how courtesy depends on a mix of utility, habit, and pleasure. I argue that if the practice of courtesy is to be re-appropriated, then all three of the factors that underwrite courtesy must be addressed. I also consider the general possibilities for re-configuring courtesy. And, in this vein, I suggest that the ...


Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala Apr 2010

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala Jan 2010

Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala Jan 2010

Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala Jan 2010

Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In, Jeffrey C. Tuomala Jan 2009

Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala Jan 2009

Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher Dec 2008

Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher

Dave De ruysscher

During the seventeenth and eighteenth centuries, the urban law of Antwerp that had been written down in a 1582 law book influenced the law of the city of Amsterdam. Although the Antwerp law has often been considered as the law in force in the Amstel city in that period, its role was actually more limited. At the end of the sixteenth century and during the first half of the seventeenth century, sections contained in the 1582 Antwerp compilation were used by the Amsterdam judges as common and subsidiary applicable rules for certain commercial issues. Later on, as the Amsterdam legislator ...


Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr. Jan 2008

Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative ...


Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher Jan 2008

Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher

Dave De ruysscher

In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.


The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala Jan 2008

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala Jan 2008

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala Jan 2008

Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala Jan 2008

The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson Dec 2006

The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson

Dr Matilda Arvidsson

No abstract provided.


Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson Dec 2005

Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson

Dr Matilda Arvidsson

The article investigates the fundamental concept of 'time' within the framework of the laws of war, using the War on Terrorism as a starting point and the 2003 invasion and subsequent occupation of Iraq as an example. The article argues for an eschatological understanding of time during the War on Terrorism, framing a state of exception, and ultimately keeping law on hold in an enduring 'now' while messianic hopes for redemption are directed towards a new future to come after war.