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Full-Text Articles in Law

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr Jul 2019

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

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Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned ...


Military Rules: Expert Qualifications, Admissibility Of Expert Testimony, And Competency Hearings, Joshua E. Kastenberg May 2019

Military Rules: Expert Qualifications, Admissibility Of Expert Testimony, And Competency Hearings, Joshua E. Kastenberg

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This book provides a comprehensive review of the many valuable roles that psychologists can play in courts-martial and how they can collaborate with military attorneys to make effective trial teams.

Even though psychologists are becoming increasingly important in military trials, many are unfamiliar with the unique nature of this system. Likewise, lawyers often do not know how to effectively utilize psychologists' expertise.

This volume thus offers much-needed guidance for civilian psychologists and military counsel alike.

The chapter authors are forensic psychologists and military legal personnel — including defense attorneys, prosecutors, and judges — who offer expert tips and strategies for navigating the ...


Black Courts, Ernesto A. Longa Mar 2018

Black Courts, Ernesto A. Longa

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Book Abstract:

Pushing past the conventional understanding of federal and state courts and the judicial system, this volume examines eight little-known Florida courts. Part 1 details general jurisdiction courts from 1513 to 1865 while part 2 profiles modern-era special jurisdiction courts.


Beginning with the state's colonial history, Florida's Other Courts challenges narratives that paint Spain's administration of its New World holdings as corrupt, inefficient, and tyrannical, using research into archival records scattered across Spain, Cuba, and other New World sites. Contributors to the volume also demonstrate how British authorities later molded the courts after their own justice ...


Transforming Societies After Violence: Conceptualizing And Contextualizing Transitional Justice In Africa, Jennifer Moore Jan 2017

Transforming Societies After Violence: Conceptualizing And Contextualizing Transitional Justice In Africa, Jennifer Moore

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This chapter first analyses three facets of transitional justice -- the criminal-retributive, the historical-reconciliative, and the social-redistributive -- and identifies some of the synergies and tensions among them. The second section shines a spotlight on the post-independence, conflict, and post-conflict histories of Uganda, Sierra Leone, and Burundi, generally characterizing their distinct approaches to transitional justice, and the differing degrees of attention they devote to the various strands of justice. For each of the three countries, the text points to the work of a community-based civil society organization, and spotlights its approach to post-conflict transition in that country. The final section of the ...


Teaching Legal Frameworks, David Herring Jan 2015

Teaching Legal Frameworks, David Herring

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This book chapter describes the process of developing legal frameworks. Legal frameworks are a critical element in basic legal analysis. They set out the questions courts ask when addressing a particular issue. Law students need to learn the applicable framework before proceeding with any type of rigorous legal analysis. This chapter also discusses an approach to teaching law students the skill of constructing legal frameworks, providing three concrete examples in the areas of Civil Procedure and Constitutional Law.


Using Interculturally Aware Teaching Methods (In Revisiting The Characteristics Of Effective Education), Steven K. Homer Jan 2015

Using Interculturally Aware Teaching Methods (In Revisiting The Characteristics Of Effective Education), Steven K. Homer

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Teaching interculturally was not addressed in BEST PRACTICES FOR LEGAL EDUCATION. Legal scholars have studied how legal pedagogy both reflects the values and approaches of dominant groups within legal academia (i.e., privileged white men), and also how these approaches to teaching can alienate students — such as women, students of color, and gender and sexually diverse students, among others — who do not share all of the dominant group’s traits. However, more research is required to help law teachers fully understand the extent to which the structures of legal education affect non-dominant groups and how legal education may be changed ...


Youth Justice In America, Maryam Ahranjani, Andrew G. Ferguson, Jamin B. Raskin Jan 2014

Youth Justice In America, Maryam Ahranjani, Andrew G. Ferguson, Jamin B. Raskin

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Youth Justice in America, Second Edition engages students in an exciting, informed discussion of the U.S. juvenile justice system and fills a pressing need to make legal issues personally meaningful to young people. Written in a straightforward style, the book addresses tough, important issues that directly affect today's youth, including the rights of accused juveniles, search and seizure, self-incrimination and confession, right to appeal, and the death penalty for juveniles. Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution, the subject matter comes alive through a wide variety of ...


Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore Jul 2013

Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore

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This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the subject, the ...


Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost Jun 2013

Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

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For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act ...


Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, 4th. Edition 2012, Sergio Pareja, Richard A. Westin, Ricahrd C.E. Beck May 2012

Federal Income Taxation Of Business Enterprises: Cases, Statutes, Rulings, 4th. Edition 2012, Sergio Pareja, Richard A. Westin, Ricahrd C.E. Beck

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This fourth edition covers the basics of the federal income taxation of partnerships and corporations including the taxation of LLCs, LLPs and S corporations. In addition, it alludes to a short list of other business enterprises. It is designed to be taught as two major components: partnerships and corporations. Both components use the traditional "cradle-to-grave" approach. Because of their practical importance, the book makes reference to Social Security taxes and estate taxes. There is no discussion of State income taxes.

Although the book is comparatively short, the materials are thorough and are heavily supplemented with problems.

The cases have been ...


Humanitarian Law In Action Within Africa, Jennifer Moore Mar 2012

Humanitarian Law In Action Within Africa, Jennifer Moore

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In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components ...


Three Stories In One: The Story Of Santa Clara Pueblo V. Martinez, Gloria Valencia-Weber Jan 2011

Three Stories In One: The Story Of Santa Clara Pueblo V. Martinez, Gloria Valencia-Weber

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Santa Clara Pueblo v. Martinez' is an especially rich case that intermingles three stories: one is about Julia Martinez and her family; a second features Santa Clara Pueblo itself; and a third highlights dynamics within the United States Supreme Court. Decided in 1978, the Martinez case denied Julia Martinez access to federal court to challenge a Pueblo membership ordinance treating female members who marry outside the Pueblo differently from male members who marry outside. The case has long attracted attention from feminists and human rights advocates, because they see a woman's claim of gender discrimination pitted against a Pueblo ...


Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell Jan 2011

Refugee Law And Policy: A Comparative And International Approach, Jennifer Moore, Karen Musalo, Richard A. Boswell

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The fourth edition of Refugee Law and Policy, which includes all legal developments through mid-2010, provides a thoughtful scholarly analysis of refugee law, and related protections such as those available under the Convention against Torture. The book is rooted in an international law perspective, enhanced by a comparative approach. Starting with ancient precursors to asylum, the casebook portrays refugee law as dynamic across time and cultural contexts. This edition of the casebook has incorporated substantial new materials on the cutting edge area of social group claims, and their relevance to claims for protection based on gender-persecution and LGBT status. It ...


Secured Transactions, Frederick M. Hart, Nathalie Martin Jan 2011

Secured Transactions, Frederick M. Hart, Nathalie Martin

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No abstract provided.


Exploring The Commercialized Arms Race Metaphor, Alfred Mathewson Nov 2010

Exploring The Commercialized Arms Race Metaphor, Alfred Mathewson

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Reversing Field invites students, professionals, and enthusiasts of sport – whether law, management and marketing, or the game itself – to explore the legal issues and regulations surrounding collegiate and professional athletics in the United States. This theoretical and methodological interrogation of sports law openly addresses race, labor, gender, and the commercialization of sports, while offering solutions to the disruptions that threaten its very foundation during an era of increased media scrutiny and consumerism. In over thirty chapters, academics, practitioners, and critics vigorously confront and debate matters such as the Arms Race, gender bias, racism, the Rooney Rule, and steroid use, offering ...


Grand Juries And Expertise In The Administrative State, Kevin Washburn Nov 2010

Grand Juries And Expertise In The Administrative State, Kevin Washburn

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Grand Jury 2.0: Modern Perspectives on the Grand Jury challenges the American legal culture to re-imagine the grand jury and proposes ways to adapt the grand jury's proud heritage to the needs and realities of modern criminal justice. Chapters provide a rare peek into the black box of grand juror deliberations, reflect on empirical evidence related to the grand jury's often overlooked role in charging and plea bargaining practices, and explore what state grand juries tell us about the institution's potential. Other chapters re-examine the grand jury's seemingly settled historical narrative, emphasize the role the ...


Athletes As Television Celebrities: Why We Watch; How They Benefit; Must They Be Responsible, Sherri Burr Jan 2010

Athletes As Television Celebrities: Why We Watch; How They Benefit; Must They Be Responsible, Sherri Burr

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This chapter addresses a number of issues associated with athletes acquiring celebrity status based on their television performances. It first discusses what draws the public to watch sports on television and follow the lives of athletes. Second, this chapter highlights the benefits and burdens that athletes receive and endure from the public participation in their sports as observers on the field and off. This section will also highlight athletes rights to privacy and to publicity. Finally, this chapter addresses the responsibility of athletes, both amateur and professional, to behave in a responsible manner both on and off the court.


Self-Determination And Indigenous Nations In The United States: International Human Right, Federal Policy And Indigenous Nationhood, Christine Zuni Cruz Jan 2010

Self-Determination And Indigenous Nations In The United States: International Human Right, Federal Policy And Indigenous Nationhood, Christine Zuni Cruz

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This paper, presented at the 2003 Native Title Conference in Alice Springs, Northern Territory, Australia in Lhere Artepe Country, considers self-determination from an internal indigenous perspective. This perspective looks to Indigenous legal tradition to set forth an idea of self-determination that has its foundation in Indigenous notions of origin and existence. The paper explores autochthonic legal tradition, or Indigenous legal tradition, and situates the principle of self-determination within the Indigenous legal tradition. While self-determination for Indigenous Peoples is recognized by the United Nations and the United States, Indigenous Peoples origin stories, a part of their Indigenous legal tradition, provides the ...


Anarchist Periodicals In English Published In The United States (1833-1955): An Annotated Guide, Ernesto Longa Jan 2010

Anarchist Periodicals In English Published In The United States (1833-1955): An Annotated Guide, Ernesto Longa

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Table of Contents and Front Matter. In the 19th and 20th centuries, dozens of anarchist publications appeared throughout the United States despite limited financial resources, a pestering and censorial postal department, and persistent harassment, arrest, and imprisonment by the State. Such works energetically advocated a stateless society built upon individual liberty and voluntary cooperation. This volume highlights the articles, reports, manifestos, and creative works of anarchists and left libertarians who were dedicated to propagandizing against authoritarianism, sham democracy, wage and sex slavery, and race prejudice. In the survey are nearly 100 newspapers produced throughout North America. For each entry, the ...


Health Care Reform Supplement To Health Law: Cases, Materials And Problems, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost Jan 2010

Health Care Reform Supplement To Health Law: Cases, Materials And Problems, Robert Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

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Copyright page and Table of Contents only.


Torture After Nuremburg: Us Law And Practice, Elizabeth Rapaport Nov 2009

Torture After Nuremburg: Us Law And Practice, Elizabeth Rapaport

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In this essay I will argue that the signature methods of interrogation used by CIA and military interrogators in the Global War on Terrorism (GWOT) -- torture lite' techniques such as hypothermia and stress positions -- may constitute torture, but that the question of their legality under U.S, and international law is not as straightforward as some critics of the Bush Administration maintained. I will take up only one thread in the complex discussion of GWOT interrogation practices and law, that of the boundary between torture and lesser cruelty.


Segregated Proms In 2003, Alfred Mathewson Feb 2009

Segregated Proms In 2003, Alfred Mathewson

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Racially segregated high school proms are in the news. The coverage superficially depicts these incidents as vestiges of racism in rural Southern school districts. I moved away from the South over thirty years ago and I know there is far more to the story. There was no media scrutiny of the proms in 1971 when I graduated from Bertie Senior High School in Windsor, North Carolina.


The Marshall-Brennan Constitutional Literacy Project: A Case Study In Law And Social Justice, Maryam Ahranjani Jan 2009

The Marshall-Brennan Constitutional Literacy Project: A Case Study In Law And Social Justice, Maryam Ahranjani

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Named for the late Supreme Court justices Thurgood Marshall and William Brennan, Jr., the Marshall-Brennan Constitutional Literacy Project has worked for eight years to mobilize talented law students to serve as mentors to junior high and high school students, learn about the importance of democracy and citizenship, and share their knowledge of the law with high school students. Besides the substantive curricular goals of the project, one of its social goals is to promote the pipeline of students of color to college, law school, and the practice of law.

To a certain extent, the project is subversive in its approach ...


We The People: The Citizen And The Constitution, Level 3, Kevin Washburn Jan 2009

We The People: The Citizen And The Constitution, Level 3, Kevin Washburn

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The revised and updated fourth print edition of We the People: The Citizen & the Constitution features new text, images, exercises, and Supreme Court cases to ensure that the next generation of Americans has the intellectual tools they need to become informed and engaged citizens. We the People gives high school students a firm understanding of government and citizenship. Students explore the history and principles of constitutional democracy through critical-thinking exercises, cooperative-learning and participation in a simulated congressional hearing. The We the People student textbook contains six units and 39 lessons. The updated teacher's guide contains a step-by-step walkthrough of ...


Family Law In New Mexico, Antoinette Sedillo Lopez, Barbara L. Shapiro Jan 2009

Family Law In New Mexico, Antoinette Sedillo Lopez, Barbara L. Shapiro

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Copyright page and Table of Contents only. Your guide to state law on living together, marriage, divorce, property and debt division, child custody and support, spousal support, domestic violence and more


Bioethics And Law In A Nutshell, Robert Schwartz, Sandra H. Johnson Jan 2009

Bioethics And Law In A Nutshell, Robert Schwartz, Sandra H. Johnson

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Copyright page and Table of Contents only.


Law Of The Land - Recognition And Resurgence In Indigenous Law And Justice Systems In Indigenous Peoples And The Law, Christine Zuni Cruz Jan 2009

Law Of The Land - Recognition And Resurgence In Indigenous Law And Justice Systems In Indigenous Peoples And The Law, Christine Zuni Cruz

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This paper begins with a discussion of the Indigenous legal tradition and explores its connection to the land. Borrowing from the work of Indigenous scholars, it describes the Indigenous legal tradition as a part of Indigenous knowledge, which stems from an ecological order rooted in specific place.' The recognition of the Indigenous legal tradition by nation states does not always lead to its acceptance. Indigenous legal tradition requires a special approach because of its unique texts. Drawing on previous work, this paper elaborates on the Indigenous legal tradition. The Indigenous legal tradition struggles in relation to the existing justice systems ...


The Changing Context, Denise Fort, Helen Ingram, David Feldman, Nathan Mantua, Katharine L. Jacobs, Nancy Beller-Simms Nov 2008

The Changing Context, Denise Fort, Helen Ingram, David Feldman, Nathan Mantua, Katharine L. Jacobs, Nancy Beller-Simms

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Faced with mounting pressures from a changing climate, an increasing population, a transitory populace, and varying access to available natural resources, decision makers, scientists, and resource managers have an immediate need to understand, obtain, and better integrate climate forecasts and observational data in near- and long-term planning. Reducing our societal vulnerability to variabilities and changes in climate depends upon our ability to bridge the gap between climate science and the implementation of scientific understanding in our management of critical resources, arguably the most important of which is water. Our ability to adapt and respond to climate variability and change depends ...


Directors Personal Liability For Corporate Fault In The United States, Erik Gerding Jan 2008

Directors Personal Liability For Corporate Fault In The United States, Erik Gerding

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This book chapter outlines sources in U.S. law of personal liability for directors of corporations, with a focus on liability for wrongdoing by the corporation. The chapter surveys director liability: to creditors for violations of state corporation statutes (e.g., liability for defective incorporations, ultra vires corporate acts, and improper dividends, loans to directors, or dissolution); under common law veil piercing theories; under common law and statutes applying agency and director participation theories; and the responsible corporate officer' doctrine. The chapter provides a brief case study of potential director liability under CERCLA (the Superfund statute). The chapter briefly examines ...


American Sovereigns: The People And Americas Constitutional Tradition Before The Civil War, Christian G. Fritz Jan 2008

American Sovereigns: The People And Americas Constitutional Tradition Before The Civil War, Christian G. Fritz

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American Sovereigns: The People and Americas Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory, and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity -- the people -- would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The ...