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Full-Text Articles in Law

The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck Sep 2015

The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck

Benjamin L Berger

In the late nineteenth century, the English legal historians Frederick Pollock and F.W. Maitland coined the phrase "the grand experiment" to describe the spread of English law throughout the British Empire. For Pollock and Maitland, this was an unequivocally positive process that would uplift settler societies. The work of recent legal historians, however, has alerted us to the more complex impact English law had on the peoples, both settler and indigenous, of those colonial societies. This "new colonial legal history" has revealed subtle and more ambiguous understandings of "the grand experiment." The essays in this volume reflect the exciting new …


U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek Mar 2015

U.S. Police Officers Kill Primarily Because They Are Attacked, Not To Disrupt Crime, Alev Dudek

Alev Dudek

In spite of the steady decline in violent crimes, law enforcement in the U.S.A. is becoming significantly more violent. Compared to other developed countries, such as Germany or Great Britain, disproportionately more arrest-related deaths occur in the U.S. Additionally, in the treatment of suspects, a racial disparity is evident; disproportionately more black males get killed by white police officers. Political exploitation of “crime” and militarization of law enforcement are factors that contribute to the status-quo and may explain why most arrest-related killings by the police are not a result of attempting to disrupt crime, but in defense of attacks, perceived …


Cleaning House: Congressional Commissioners For Standards, Josh Chafetz Dec 2014

Cleaning House: Congressional Commissioners For Standards, Josh Chafetz

Josh Chafetz

Given the profusion of congressional ethics scandals over the past two years, it is unsurprising that the new Democratic majority in the 110th Congress has made ethics reform a priority. But although both the House and the Senate have tightened their substantive rules, the way the rules are enforced has received almost no attention at all. This Comment argues that ethics enforcement should remain within the houses of Congress themselves. Taking enforcement power away from the houses is constitutionally questionable (under the Speech or Debate Clause), structurally unwise (given general concerns about separation of powers), and institutionally problematic (as it …


Portia Goes To Parliament: Women And Their Admission To Membership In The English Legal Profession, Christine Corcos Sep 2014

Portia Goes To Parliament: Women And Their Admission To Membership In The English Legal Profession, Christine Corcos

Christine A. Corcos

No abstract provided.


From Agnatic Succession To Absolute Primogeniture: The Shift To Equal Rights Of Succession To Thrones And Titles In The Modern European Constitutional Monarchy, Christine Corcos Sep 2014

From Agnatic Succession To Absolute Primogeniture: The Shift To Equal Rights Of Succession To Thrones And Titles In The Modern European Constitutional Monarchy, Christine Corcos

Christine A. Corcos

No abstract provided.


Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski Apr 2014

Globalization Of Biotechnology And The Public Health Challenges Accompanying It, Michael J. Malinowski

Michael J. Malinowski

No abstract provided.


Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing Dec 2013

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …


Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg Jul 2013

Women's Pay In Australia, Great Britain And The United States: Commentary, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] My reaction to this paper is mixed. On the one hand, it represents one of the few serious efforts I know of to place discussions about comparable worth in a comparative perspective and to bring evidence from other countries' experiences into the debate about policy in the United States. For this the authors should be resoundingly applauded. On the other hand, I am left with the feeling that they have not pushed their empirical analyses as hard as they might have, and because of this, in places they may have drawn some inappropriate conclusions. My discussion will elaborate on …


European Labor Aristocracies: Trade Unionism, The Hierarchy Of Skill, And The Stratification Of The Manual Working Class Before The First World War, Marc Linder Nov 2012

European Labor Aristocracies: Trade Unionism, The Hierarchy Of Skill, And The Stratification Of The Manual Working Class Before The First World War, Marc Linder

Marc Linder

No abstract provided.


The Employment Relationship In Anglo-American Law: A Historical Perspective, Marc Linder Nov 2012

The Employment Relationship In Anglo-American Law: A Historical Perspective, Marc Linder

Marc Linder

No abstract provided.


Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater Oct 2011

Coal Law From The Old World: A Perspective On Land Use And Environmental Regulation In The Coal Industries Of The United States, Great Britain, And West Germany, Zygmunt J.B. Plater

Zygmunt J.B. Plater

America’s reentry into the Coal Age has been one of the major consequences of the Mideast oil-producing nations’ discovery of their collective marketing power, and in this new emphasis on coal the United States is not alone. Like the United States, many industrialized nations with domestic coal reserves had allowed their coal industries to languish under the influence of low-priced, petroleum based energy economy and are now hastening to strengthen their coal production. Different nations approach the regulation of their resurgent coal industries in varying ways, however, and these differences can be instructive to American observers, particularly as they relate …


Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein Jul 2011

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Richard Daniel Klein

No abstract provided.