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Articles 61 - 79 of 79
Full-Text Articles in Law
The First Amendment And The Common Law Constitution, Chris Stangl
The First Amendment And The Common Law Constitution, Chris Stangl
Chris Stangl
No abstract provided.
The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez
The Ancient And Honorable Court Of Dover: Mock Trials, Fraternal Orders, And Solemn Foolery In Nineteenth-Century New York State, Angela Fernandez
Angela Fernandez
This article is about a fraternal order operating in the first half of the Nineteenth Century in New York called “The Ancient and Honorable Court of Dover.” This group organized a mock trial, probably in 1834, to prosecute one of its members. A prosecutor was appointed and the President of the group gave a long speech. At issue was whether or not non-members could participate in the trial. After a description of these records and an account of their discovery, this article explains who the individuals involved in the trial were, Jacksonian politicians and lawyers with connections to the Custom …
The Created, The Fallen, And The Redeemed—The Symbolism Of The Federal Rules Of Evidence, Christopher G. Hastings, Nelson P. Milller, Curt A. Benson
The Created, The Fallen, And The Redeemed—The Symbolism Of The Federal Rules Of Evidence, Christopher G. Hastings, Nelson P. Milller, Curt A. Benson
Christopher G Hastings
The Federal Rules of Evidence, taken as a whole, represent an ethical system—not just norms, values, or cultural constructs but, moreover, a genuine way of comprehending the world consistent with our best understanding of how it would, if not constrained, truly operate. Underlying each rule are assumptions about the nature and dispositions of lawyers, clients, witnesses, jurors, and judges, as well as the nature of evidence itself. Those assumptions symbolize what the rules’ promulgators understand to be the imperatives of justice in a system peopled by the created, the fallen, and the redeemed. Citing each of the 67 Federal Rules …
Individualization Of Punishment And The Rule Of Law: Reshaping The Legality In The United States And Europe Between The 19th And The 20th Century, Michele Pifferi
Individualization Of Punishment And The Rule Of Law: Reshaping The Legality In The United States And Europe Between The 19th And The 20th Century, Michele Pifferi
Michele Pifferi
Abstract. This paper focuses on the individualization of punishment and the indeterminate sentence between the 19th and 20th century and their impact on the principle of legality in Europe and the United States. The preventive and rehabilitative purposes of the criminological science were shared on both side of the Atlantic, but were interpreted and applied in different manners, depending on the different legal order shaped by the American rule of law and the European Rechtsstaat. While the U.S. system accepted the indeterminate punishment introducing a clear-cut distinction between the verdict and the sentence, as a compromise not to nullify the …
The Trial That Never Happened: Josef Mengele And The Twins Of Auschwitz, Michael A. Grodin M.D., Eva M. Kor, Susan Benedict Dsn
The Trial That Never Happened: Josef Mengele And The Twins Of Auschwitz, Michael A. Grodin M.D., Eva M. Kor, Susan Benedict Dsn
Michael A. Grodin M.D.
This is the first publication in English of a Mock Trial conducted in abstentia of Dr. Joseph Mengele the physician at the Auschwitz Nazi Death Camp. This important historical event documented the Crimes Against Humanity carried out by Dr. Mengele on the Twins of Auschwitz. The testimony was to be used in a International War Crimes Tribunal that never happened.
Law, Economics, And Politics: The Untold History Of The Due Process Limitation On Punitive Damages, Daniel W. Morton-Bentley
Law, Economics, And Politics: The Untold History Of The Due Process Limitation On Punitive Damages, Daniel W. Morton-Bentley
Daniel W Morton-Bentley
Where did the idea that the Due Process clause limits the size of punitive damage awards come from? This question remains unanswered despite a large body of legal scholarship on the Supreme Court’s punitive damage jurisprudence. I contend that the argument won acceptance due to a cultural shift which began in the 1970s: the move towards evaluating social policies based solely on their adherence to free-market ideology. In the face of the economic disruptions of the 1970s, conservative and Republican policymakers relied heavily on free-market economic arguments. According to these arguments, any policies that reduce corporate profits – including punitive …
Stream Wars: The Constitutionality Of The Utah Public Waters Access Act, Jeremiah Williamson
Stream Wars: The Constitutionality Of The Utah Public Waters Access Act, Jeremiah Williamson
Jeremiah Williamson
In 2008 the Utah Supreme Court held that the public right to recreational use of water includes the right to incidentally contact privately owned beds of waterways. The court’s decision ignited controversy, and the Utah legislature responded emphatically with a new statute nullifying the court’s holding. The statute’s supporters concluded, not entirely without reason, that public ownership of Utah’s waters is grounded solely in the Utah Code. If this reasoning is sound, it follows that the legislature was free to correct the judicial interpretation with which it disagreed. But it is not altogether clear that public ownership of Utah’s waters …
Excusing Harmless Error In Will Execution: The Israeli Experience, Samuel Flaks
Excusing Harmless Error In Will Execution: The Israeli Experience, Samuel Flaks
Samuel Flaks
This article is a study of the harmless error rule curing the formal execution of wills in Israel. The Israeli rule has been persistently misunderstood in the English language literature. The article reports the author’s examination of the original Hebrew language sources. Despite the claim of American reformers that Israel possessed a successful harmless error rule, the Israeli will execution statute was construed by the courts to require strict compliance with certain will execution formalities. Recently, the Israeli will execution statute has been amended. The statute now requires strict compliance with the requirements that a proffered document be in writing …
Custom, Enactment And Legal Order: A Natural Law Account, Stephen Hall
Custom, Enactment And Legal Order: A Natural Law Account, Stephen Hall
Stephen Hall
There has been, especially since the Second World War, a massive increase in the volume of enacted legislation in virtually all developed jurisdictions. This phenomenon is usually accounted for by a need to keep abreast of the requirements of the common good in increasingly complex societies. Paradoxically, however, this perpetually increasing mass of legislation adds to legal uncertainty and tends to subvert the rule of law. Customary law (including the common law) is usually a more suitable instrument for dealing with the requirements of the common good in complex and dynamic societies. We need to (re-)discover customary law and restore …
Desegregation In Boston: The Lens Of The Present And The Lens Of The Past, Anne Richardson Oakes
Desegregation In Boston: The Lens Of The Present And The Lens Of The Past, Anne Richardson Oakes
Anne Richardson Oakes
When lawyers write about the past they venture upon the territory of historians and encounter new methodological concerns. Both look to the past with the tools of their trade but the former, it is said, use the lens of the present and the latter the lens of the past. In the context of constitutional interpretation the term “law-office history” has highlighted the instrumental nature of legal sensibility but historians have never denied either the historical significance of legal doctrine or the potential of historical study to illuminate current legal problems. If, as this paper considers, the idea of the past …
Правовая Политика Советского Государства В Сфере Регулирования Научной Деятельности: Этапы И Особенности (1917 – 1929 Гг.), Leonid G. Berlyavskiy
Правовая Политика Советского Государства В Сфере Регулирования Научной Деятельности: Этапы И Особенности (1917 – 1929 Гг.), Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
The Soviet state legal policy bases in the sphere of the scientific activities regulation have been founded in 1917-1929. In statutory acts the subjects circle of the management boards in research activities has been defined. The legal policy was carried out by attraction of the scientific institutes, separate scientists to performance researches for the purpose of the substantiation, creation and strengthening the State-legal system. It was provided by means of legislative regulating the creation order of the state research institutes and high schools, processes of their interaction and regulation of the scientific activity itself, scientific researches financing out from the …
Proposing Constitutional Amendments By Convention: Rules Governing The Process, Robert G. Natelson
Proposing Constitutional Amendments By Convention: Rules Governing The Process, Robert G. Natelson
Robert G. Natelson
Much of the mystery surrounding the Constitution’s state-application-and-convention amendment process is unnecessary: History and case law enable us to resolve most questions. This Article is the first in the legal literature to access the full Founding-Era record on the subject, including the practices of inter-colonial and interstate conventions held during the 1770s and 1780s. Relying on that record, together with post-Founding practices, understandings, and case law, this Article clarifies the rules governing applications and convention calls, and the roles of legislatures and conventions in the process. The goal of the Article is objective exposition rather than advocacy or special pleading.
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Tamar R Birckhead
Before the 1954 decision in Brown v. Board of Education, the United States Supreme Court’s exercise of judicial review did not support the notion that constitutional litigation could be an effective instrument of social reform. The Court’s principled rejection of racially segregated public education, however, gave new legitimacy to the concept of judicial review, transforming it from an obstacle into a principal means of achieving social progress. Since then, federal courts have impacted public policy in many areas – from housing, welfare, and transportation to mental health institutions, prisons, and juvenile courts. Yet, there are inherent structural challenges to effecting …
Conventional Wisdom: Acknowledging Uncertainty In The Unknown, Meg Penrose
Conventional Wisdom: Acknowledging Uncertainty In The Unknown, Meg Penrose
Meg Penrose
No abstract provided.
Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum
Religion And Race: The Ministerial Exception Reexamined, Ian C. Bartrum
Ian C Bartrum
This Colloquy piece explores the constitutional relationship between religious exercise and racial discrimination in the context of the "ministerial exception" and the Court's decision to hear arguments in Hosanna-Tabor v. EEOC.
Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. Kopel, Gary Lawson
Bad News For Professor Koppelman: The Incidental Unconstitutionality Of The Individual Mandate, David B. Kopel, Gary Lawson
David B Kopel
In "Bad News for Mail Robbers: The Obvious Constitutionality of Health Care Reform," Professor Andrew Koppelman concludes that the individual mandate in the Patient Protection and Affordable Care Act (PPACA) is constitutionally authorized as a law "necessary and proper for carrying into Execution" other aspects of the PPACA. However, the Necessary and Proper Clause rather plainly does not authorize the individual mandate. The Necessary and Proper Clause incorporates basic norms drawn from eighteenth-century agency law, administrative law, and corporate law. From agency law, the clause embodies the venerable doctrine of principals and incidents: a law enacted under the clause must …
El Triunfo De La República Liberal Y La Constitución Poblana De 1861, Alejandro G. Escobedo Rojas, Juan Pablo Salazar Andreu
El Triunfo De La República Liberal Y La Constitución Poblana De 1861, Alejandro G. Escobedo Rojas, Juan Pablo Salazar Andreu
Alejandro G Escobedo Rojas
No abstract provided.
Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits, Caroline Forell
Mctorts: The Social And Legal Impact Of Mcdonald's Role In Tort Suits, Caroline Forell
Caroline A Forell
This Article looks at the impact of McDonald’s on public policy and tort law from historical and social psychology perspectives, following McDonald’s from its beginnings in the mid-1950’s through today. By examining McDonald’s Corp. v. Steel and Morris (McLibel), Liebeck v. McDonald’s Restaurants (Hot Coffee), and Pelman v. McDonald’s Corp. (Childhood Obesity), I demonstrate that certain tort cases involving McDonald’s have had particularly important social and legal consequences that I attribute to McDonald’s special influence over the human psyche, beginning in childhood. In explaining McDonald’s extraordinary power over the public imagination and how this affects lawsuits involving it, I rely …
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
A Higher Law: Abraham Lincoln's Use Of Biblical Imagery, Wilson Huhn
Wilson R. Huhn
Lincoln’s use of biblical imagery in seven of his works: the Peoria Address, the House Divided Speech, his Address at Chicago, his Speech at Lewistown, the Word Fitly Spoken fragment, the Gettysburg Address, and the Second Inaugural. Lincoln uses biblical imagery to express the depth of his own conviction, the stature of the founders of this country, the timeless and universal nature of the principles of the Declaration, and the magnitude of our moral obligation to defend those principles. Lincoln persuaded the American people to embrace the standard “all men are created equal” and to make it part of our …