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Articles 31 - 60 of 3713

Full-Text Articles in Law

April 1, 1834, Pamela G. Smith Apr 2019

April 1, 1834, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst Apr 2019

Mr. Try-It Goes To Washington: Law And Policy At The Agricultural Adjustment Administration, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

In December 1933, Jerome Frank, the general counsel of the Agricultural Adjustment Administration but better for writing Law and the Modern Mind (1930), a sensational attack on legal formalism, told an audience at the Association of American Law Schools a parable about two lawyers in the New Deal, each forced to interpret same, ambiguous statutory language. The first lawyer, “Mr. Absolute,” reasoned from the text and canons of statutory interpretation without regard for the desirability of the outcome. “Mr. Try-It,” in contrast, began with the outcome he thought desirable. He then said to himself, “The administration is for it, and ...


Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra Apr 2019

Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra

Independent Study Project (ISP) Collection

This research explores the impact of the 2015 institution of prosecution guidelines in the Netherlands. Prior to this switch, the Openbaar Ministerie operated using a punishment point system, which provided a mathematical formula with which to decide sanctions. Though the motivation of this change was to make the overall system more efficient and enable individual prosecutors to consider each case in a customizable and more equitable form, this research demonstrates that the change has served instead as a perpetuator (and in some cases, facilitator) of the persistent ethnic and gender biases already at work in the Netherlands. The social and ...


Antiquities Theft: The Role Of The Museum In Modern Symbolic Violence, Meredith M. Amato Apr 2019

Antiquities Theft: The Role Of The Museum In Modern Symbolic Violence, Meredith M. Amato

Student Publications

Humans have been collecting artifacts for centuries, whether it is for their aesthetic value or for the acquisition of knowledge. However, these artifacts have, in most cases, been taken without permission from the countries of origin. Today, museums are struggling with the issue of repatriation and many refuse to return their priceless possessions. Western museums and their supporters are arguing that repatriation will put the artifacts in danger and hurt the chances for humanity to learn from them. The arguments of these museums are an attempt of symbolic violence on non-Western nations, who are seen as unfit or unable to ...


The Curtilage, Pamela G. Smith Mar 2019

The Curtilage, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Woolsack Honor Society, Pamela G. Smith Mar 2019

Woolsack Honor Society, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


The Honorable Sylvia H. Rambo, Pamela G. Smith Mar 2019

The Honorable Sylvia H. Rambo, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore Mar 2019

Preserving Habeas Corpus For Asylum Seekers Just When They Need It Most, Jennifer Moore

Faculty Scholarship

The blog post reviews are very recent Ninth Circuit case, Thuraissigiam, which holds that “asylum seekers facing deportation have the right to challenge the summary denial of their asylum claims in federal court". The ruling in Thuraissigiam applies to individuals who have failed to establish a “credible fear of persecution” in expedited removal proceedings conducted at the border.


Dickinson Law's First Female Students, Pamela G. Smith Mar 2019

Dickinson Law's First Female Students, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Repealing Patents, Christopher Beauchamp Mar 2019

Repealing Patents, Christopher Beauchamp

Faculty Scholarship

No abstract provided.


Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2019

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Black Law Students Association (Blsa), Pamela G. Smith Feb 2019

Black Law Students Association (Blsa), Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Dickinson Law: Articles Of Incorporation, Pamela G. Smith Feb 2019

Dickinson Law: Articles Of Incorporation, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy Feb 2019

Defining Authentic: The Relationship Between Native Art And Federal Indian Policy, 1879-1961, Aurora Kenworthy

Honors Theses, University of Nebraska-Lincoln

Between 1879 and 1961, non-Native perceptions of what constituted authentic Native art shifted. These changing perceptions were influenced by, and then in turn influenced, federal policy and legislation. While non-Native individuals and groups worked to improve conditions for Native communities and to protect “authentic” Native art forms, Native reformers also attempted to enact change to help Native communities and Native artists exercised control over their own art and identity.


Dale And Mary Ann Shugart, Pamela G. Smith Feb 2019

Dale And Mary Ann Shugart, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Censorial Copyright, Shyamkrishna Balganesh Feb 2019

Censorial Copyright, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

Censorial copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet, modern thinking has attempted to undermine their place within copyright law, and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that censorial copyright claims form a legitimate part of the copyright landscape. It shows how censorial copyright ...


Clarence Muse, Pamela G. Smith Feb 2019

Clarence Muse, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Dickinson Law Review, Pamela G. Smith Jan 2019

Dickinson Law Review, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Dickinson Law: Winter, Pamela G. Smith Jan 2019

Dickinson Law: Winter, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr. Jan 2019

The Case That Stirred The State Of Georgia, Donald E. Wilkes Jr.

Popular Media

In the second half of the 19th Century, hundreds of murders occurred in Georgia, but only two murder cases electrified the entire state. Both cases were the subject of massive amounts of publicity in Georgia newspapers, and for years both cases were ceaselessly talked about in every part of this state.

One of these two notable murder cases was the Woolfolk murder case, involving Tom Woolfolk, nicknamed Bloody Woolfolk, who in 1887 murdered nine members of his family with an axe in Bibb County and after two trials was hanged in 1890. In 1997, I published a book review in ...


John Reed's Advertisement, Pamela G. Smith Jan 2019

John Reed's Advertisement, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


John Reed: Dickinson Law's Founder, Pamela G. Smith Jan 2019

John Reed: Dickinson Law's Founder, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


Second Redemption, Third Reconstruction, Richard A. Primus Jan 2019

Second Redemption, Third Reconstruction, Richard A. Primus

Articles

In The Accumulation of Advantages, the picture that Professor Owen Fiss paints about equality during and since the Second Reconstruction is largely a picture in black and white. That makes some sense. The black/white experience is probably the most important throughline in the story of equal protection. It was the central theme of both the First and Second Reconstructions. In keeping with that orientation, the picture of disadvantage described by Fiss’s theory of cumulative responsibility is largely drawn from the black/white experience. Important as it is, however, the black/white experience does not exhaust the subject of ...


Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith Jan 2019

Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith

Perspectives on Law School History

No abstract provided.


A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John Bessler Jan 2019

A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John Bessler

All Faculty Scholarship

The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing ...


The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke Jan 2019

The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke

Calvert Undergraduate Research Awards

Advanced Research Winner 2019:

While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20th century when this concept transitioned from an economic and property rights based approach to one ...


The Marquis Beccaria: An Italian Penal Reformer’S Meteoric Rise In The British Isles In The Transatlantic Republic Of Letters, John Bessler Jan 2019

The Marquis Beccaria: An Italian Penal Reformer’S Meteoric Rise In The British Isles In The Transatlantic Republic Of Letters, John Bessler

All Faculty Scholarship

This article traces the reception of Cesare Beccaria’s book, Dei delitti e delle pene (1764), in Britain and in colonial and early America. That book, first translated into English as An Essay on Crimes and Punishments (1767), catalyzed penal reform and the anti-gallows movement on both sides of the Atlantic. As the first Enlightenment text to make a comprehensive case against capital punishment, On Crimes and Punishments became a bestseller, appearing in multiple English-language editions and attracting much public attention. Widely read by an array of British and American lawmakers and other civic-minded penal reformers, On Crimes and Punishments ...


Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger Jan 2019

Islam In The Mind Of American State Courts: 1960 To 2001, Marie Failinger

Faculty Scholarship

This project reviews how American state courts portrayed Islam and Muslims from 1960 until September 11, 2001. The purpose of this project is not to construct some overarching theoretical framework to explain American social and legal views of Islam and Muslims, though I will necessarily interpret what the cases say to some extent. Given the lengthy time period involved, the number of cases in which Muslims or Islam are referenced, and the fact that these cases come from many states, it seemed prudent to defer to others who have constructed critiques of the way American law as a whole has ...


The Most Fundamental Right, Nicholas A. Robinson Jan 2019

The Most Fundamental Right, Nicholas A. Robinson

Pace Law Faculty Publications

The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.


The Declaration Of Independence And The American Theory Of Government: “First Come Rights, And Then Comes Government”, Randy E. Barnett Jan 2019

The Declaration Of Independence And The American Theory Of Government: “First Come Rights, And Then Comes Government”, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The topic of this panel is the Declaration of Independence, to which I devoted a chapter of my recent book, Our Republican Constitution. I want to draw on that book to make five points.