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Full-Text Articles in Law
Slavery, The Rule Of Law, And The Civil War, George Van Cleve
Slavery, The Rule Of Law, And The Civil War, George Van Cleve
Faculty Articles
No abstract provided.
The Classic Rule Of Faith And Credit, David Engdahl
The Classic Rule Of Faith And Credit, David Engdahl
Faculty Articles
Since the late nineteenth century, orthodox doctrine under the Constitution's Full Faith and Credit Clause has presumed that the interpretation of that Clause set forth in Justice Joseph Story's 1833 Commentaries on the Constitution of the United States was essentially sound. This article argues, however, that Justice Story's view had been endorsed by almost no one before him and actually contradicted the "classic rule" of faith and credit, which Justice Story had articulated in 1813. The Supreme Court, moreover, consistently reiterated the "classic rule" despite Justice Story's change of mind, continuing to do so even after his death. By the …
The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, Jack Kirkwood
The Fundamental Goal Of Antitrust: Protecting Consumers, Not Increasing Efficiency, Jack Kirkwood
Faculty Articles
This article defines the relevant economic concepts, summarizes the legislative histories, analyzes recent case law in more depth than any prior article, and explores the most likely bases for current popular support of the antitrust laws. All these factors indicate that the ultimate goal of antitrust is not to increase the total wealth of society, but to protect consumers from behavior that deprives them of the benefits of competition. When conduct presents a conflict between protecting consumers and improving the efficiency of the economy (e.g., a merger that raises prices but reduces costs), no court in recent years has chosen …
The Adventures Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Robert S. Chang, Adrienne D. Davis
The Adventures Of Blackness In Western Culture: An Epistolary Exchange On Old And New Identity Wars, Robert S. Chang, Adrienne D. Davis
Faculty Articles
Through a series of letters, Professors Robert Chang and Adrienne Davis examine the politics of positionality in law and literary criticism. They use the scholarly debates and conversations around critical race theory and feminist legal theory as a starting point to formulate some thoughts about Critical Race Feminism ("CRF") and its future. The authors use the epistolary form as a literary device to allow them to collaborate on this project while maintaining their own voices. Thus, the letters are not dated. The letters pay particular attention to various border crossings: male attempts to engage in feminist literary criticism, white attempts …
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve
Faculty Articles
The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.
An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel
An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel
Faculty Articles
On October 29, 2004, the American Society for Legal History (ASLH) held a panel at its annual scholarly conference in Austin, Texas, entitled “Herbert Johnson and the Writing of American Constitutional History." The Herbert Johnson of that title is Herbert Alan Johnson, for twenty-five years a Professor of Law and History at the University of South Carolina and, since 2002, Distinguished Professor Emeritus of Law. That ASLH panel and the papers that flowed from it are the inspiration for—and in large part, the substance of—the Symposium that follows. To write a tribute to the life's work of a living individual …
Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen
Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen
Faculty Articles
Japan is considering changes to its constitution, including Article 9, which prohibits it from maintaining a military force. If amendments are made, it would mark the first time the Japanese constitution has been amended since its establishment in 1947. Professor Chinen examines the debates on Article 9 using scholarship on constitutions as providing heuristics for decision-making. Constitutions help overcome the problems of emotion and time-inconsistency. They also enable societies of different deliberative groups to avoid the pitfalls of deliberation by requiring groups to interact with one another and by providing opportunities for compromise through what Cass Sunstein refers to as …
Trade Liberalization, Food Security And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Trade Liberalization, Food Security And The Environment: The Neoliberal Threat To Sustainable Rural Development, Carmen G. Gonzalez
Faculty Articles
This article examines the historic and contemporary roots of chronic malnutrition and environmental degradation in the developing world. It chronicles the patterns of trade and production that contribute to this problem from the colonial period until the present, and analyzes the role of contemporary trade, aid and development practices in ameliorating or exacerbating the problem. The article argues that the neoliberal economic reforms imposed on developing countries through the International Monetary Fund (IMF), the World Bank, and the World Trade Organization (WTO) exacerbate hunger and environmental degradation by reinforcing pre-existing inequities in the global trading system that relegate many developing …
After Intersectionality, Robert S. Chang, Jerome Culp
After Intersectionality, Robert S. Chang, Jerome Culp
Faculty Articles
This essay is part of a symposium that looks at what Peter Kwan has described as post-intersectionality theory. It responds to the principal article in the symposium by Nancy Ehrenreich, Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems. While the authors applaud the effort by Ehrenreich to advance identity theory to account for multiple oppression, they suggest that Ehrenreich and other post-intersectionality scholars work to make these theories speak more directly to legal doctrine and legal actors.
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Seekin’ The Cause: Social Justice Movements And Latcrit Community, Steven W. Bender, Keith Aoki
Faculty Articles
LatCrit VII, held May 2-5, 2002, in Portland, Oregon, adopted the theme Coalitional Theory and Praxis: Social Justice Movements and LatCrit Community. The conference's opening roundtable set an activist tone by centering within LatCrit discourse several progressive movements for sociopolitical transformation existing in academia and beyond. This article embraces the conference theme as an opportunity to examine and compare the LatCrit scholarly movement with those beyond academia, particularly current and past sociopolitical movements originating in Latina/o communities.
Imperatives, Normativity, And The Law, Gregory Silverman
Imperatives, Normativity, And The Law, Gregory Silverman
Faculty Articles
In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account …
Passion And The Asian American Legal Scholar, Robert S. Chang
Passion And The Asian American Legal Scholar, Robert S. Chang
Faculty Articles
Professor Chang discusses what it means to be Asian American, and the strength and vibrancy of the various Asian immigrant groups as they struggled to make a home in the United States. He examines this ongoing struggle, and explores how it is through this struggle that they have become and are becoming Asian Americans.
Speaking Of Rights, Janet Ainsworth
Speaking Of Rights, Janet Ainsworth
Faculty Articles
Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.
Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman
Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman
Faculty Articles
Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …