Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Penn State Dickinson Law (20)
- Roger Williams University (11)
- American University Washington College of Law (10)
- University of Michigan Law School (9)
- Boston University School of Law (8)
-
- University of Pennsylvania Carey Law School (8)
- Duke Law (7)
- Columbia Law School (6)
- Georgetown University Law Center (6)
- University of Colorado Law School (4)
- University of Georgia School of Law (4)
- University of Missouri-Kansas City School of Law (3)
- Maurer School of Law: Indiana University (2)
- New York Law School (2)
- Notre Dame Law School (2)
- Pace University (2)
- Santa Clara University (2)
- Schulich School of Law, Dalhousie University (2)
- St. Mary's University (2)
- UIC School of Law (2)
- University of Baltimore Law (2)
- University of Nebraska - Lincoln (2)
- University of New Mexico (2)
- University of Pittsburgh School of Law (2)
- University of the District of Columbia School of Law (2)
- Washington and Lee University School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- Barry University School of Law (1)
- Brooklyn Law School (1)
- Duquesne University (1)
- Keyword
-
- Legal history (35)
- 185th year anniversary (20)
- Dickinson Law (20)
- Constitutional law (15)
- History (12)
-
- Legal History (10)
- Constitution (8)
- Female (7)
- Gender (7)
- Discrimination (6)
- Equality (6)
- Slavery (6)
- "Rhode Island" (5)
- Bar (5)
- Civil rights (5)
- Dickinson College (5)
- First (5)
- Library (5)
- President (5)
- Profession (5)
- Project (5)
- RWU (5)
- Race (5)
- Society (5)
- Trailblazer (5)
- "Nicole Dyszlewski" (4)
- Admitted (4)
- African-American (4)
- Attorneys (4)
- Convener (4)
- Publication
-
- Faculty Scholarship (29)
- Perspectives on Law School History (20)
- All Faculty Scholarship (10)
- Articles (9)
- Articles in Law Reviews & Other Academic Journals (8)
-
- Georgetown Law Faculty Publications and Other Works (6)
- Book Chapters (4)
- Law Library Newsletters/Blog (4)
- Publications (4)
- Faculty Publications (3)
- Faculty Works (3)
- Life of the Law School (1993- ) (3)
- Articles & Chapters (2)
- Articles by Maurer Faculty (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Articles (2)
- History (2)
- Journal Articles (2)
- Law Faculty Publications (2)
- Presentations (2)
- RWU Law (2)
- Scholarly Works (2)
- School of Law Conferences, Lectures & Events (2)
- UIC Law Open Access Faculty Scholarship (2)
- Articles & Book Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Calvert Undergraduate Research Awards (1)
- College of Law Library History (1)
- Court Briefs (1)
- FIU Electronic Theses and Dissertations (1)
Articles 1 - 30 of 151
Full-Text Articles in Law
Introduction, Loretta Price
Introduction, Loretta Price
College of Law Library History
This introduction is written by M. Loretta Price, Collection Management Department Head and Associate Professor at the University of Tennessee College of Law
Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther
Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther
Law & Economics Working Papers
American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither …
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb
Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb
UIC Law Open Access Faculty Scholarship
No abstract provided.
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
In Search Of The Common Law Inside The Black Female Body, 114 Nw. U.L. Rev. Online 187 (2019), Teri A. Mcmurtry-Chubb
UIC Law Open Access Faculty Scholarship
No abstract provided.
Researching The Legal History Of Santa Claus, Kurt Metzmeier
Researching The Legal History Of Santa Claus, Kurt Metzmeier
Faculty Scholarship
For most lawyers, the figure of Santa Claus in the law is an unpleasant memory of an establishment clause essay question on a Constitutional Law exam where they had to decide what combination of Christmas trees, electric menorahs and inflatable Santas a city-owned mall could display without being reprimanded by the U.S. Supreme Court. Alas, Lynch v. Donnelly (1984) and Allegheny County v. Greater Pittsburgh ACLU (1989) have been a lump of coal in the fall semester grades stocking of many a law student.But the white-bearded one made his first appearance in the law reports a hundred years before Justice …
"Remembering Betsy" By Her Two Professors And Editors, Thomas Green, Dirk Hartog
"Remembering Betsy" By Her Two Professors And Editors, Thomas Green, Dirk Hartog
Tributes
On November 23, 2019, immediately following the conclusion of the annual meeting of the American Society for Legal History, Boston University School of Law held a ceremony marking the opening of an archive devoted to the scholarship of Elizabeth Clark. Betsy Clark, who taught at BU before her untimely death in 1997, was an important presence in the world of legal history in the 1980s and early 1990s. And the archive includes a number of short “responses” to her scholarship. Her colleagues David Seipp and Pnina Lahav were responsible for making the archive a reality.
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Replaying The Past: Roles For Emotion In Judicial Invocations Of Legislative History, And Precedent, Emily Kidd White
Articles & Book Chapters
Legal reasoning in the common law tradition requires judges to draw on concepts, and examples that are meant to resonate with a particular emotional import and operate in judicial reasoning as though they do. Judicial applications of constitutional rights are regularly interpreted by reference to past violations (either through precedent, contextual framings, and/or legislative history), which in turn elicit a series of emotions which work to deepen and intensify judicial understandings of a right guarantee (freedom of association, freedom of expression, equality, security of the person, etc.). This paper examines the way in which invocations of past political histories, and …
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary S. Lawson, Steven Calabresi
Why Robert Mueller’S Appointment As Special Counsel Was Unlawful, Gary S. Lawson, Steven Calabresi
Faculty Scholarship
Since 1999, when the independent counsel provisions of the Ethics in Government Act expired, the Department of Justice (“DOJ”) has had in place regulations providing for the appointment of Special Counsels who possess “the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney.” Appointments under these regulations, such as the May 17,2017 appointment of Robert S. Mueller to investigate the Trump campaign, are patently unlawful, for three distinct reasons.
First, all federal offices must be “established by Law,” and there is no statute authorizing such an office in the DOJ. We conduct …
Timelords & Timelines: Four Web Apps For Storytelling In Libraries, Rachel S. Evans, Sharon Bradley, David Rutland
Timelords & Timelines: Four Web Apps For Storytelling In Libraries, Rachel S. Evans, Sharon Bradley, David Rutland
Presentations
From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. In this panel librarians discuss collaboration and how to bring history to life through displays, events and online platforms for engaging students and preserving community milestones. Four of our favorite tools for creating digital timelines and gathering content will be shared including Prezi, TikiToki, TimeToast, and Piktochart. Comparisons will be given based on cost, technical limitations, and general ease of use. Specific examples will also be shared and discussed.
Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (October 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Indiana University's Storied Past, Austen L. Parrish
Indiana University's Storied Past, Austen L. Parrish
Articles by Maurer Faculty
Indiana University celebrates its bicentennial this year, and the excitement is building on the Bloomington campus. Although the Maurer School of Law is a few years younger – we were founded in 1842 – we are joining the festivities with a yearlong list of events that honor our past and look toward the future. . .
The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin
The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin
Faculty Scholarship
This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.
This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by …
New Textualism And The Thirteenth Amendment, Leah Litman
New Textualism And The Thirteenth Amendment, Leah Litman
Articles
Michele Goodwin’s piece raises important questions about whether troubling modern-day labor practices in jails and prisons are consistent with the Thirteenth Amendment. In Goodwin’s telling, the ratification of the Thirteenth Amendment formally ended the institution of slavery, but the Amendment allowed practices resembling slavery to continue, perhaps reflecting the extant stereotypes and racism that formally amending the Constitution cannot root out. Indeed, Goodwin excavates historical materials that suggest the people who drafted and ratified the Amendment understood and expected that it would allow the perpetuation of slavery in another form. As Goodwin explains, most historians have argued that the Thirteenth …
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Presentations
Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden
Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Research Collection Yong Pung How School Of Law
A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …
E-Notice And Comment On Due Process, Sergio J. Campos
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Court Briefs
No abstract provided.
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger
Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger
History
A century ago, on May 21, 1919, the US House of Representatives voted difinitively (304 to 89) in support of women’s suffrage. Two weeks later, Wisconsinite Belle La Follette sat in the visitors’ gallery of the US Senate chamber. She “shed a few tears” when it was announced that, by a vote of 56 to 25, the US Senate also approved the Nineteenth Amendment, sending it on to the states for ratification.1 For Belle La Follette, this thrilling victory was the culmination of a decades-long fight. Six days later, her happiness turned to elation when Wisconsin became the first …
Correspondence With The Chief Justice Of The Supreme Court Of The United States, Warren E. Burger, Lewis F. Powell, Jr.
Correspondence With The Chief Justice Of The Supreme Court Of The United States, Warren E. Burger, Lewis F. Powell, Jr.
Powell Correspondence
No abstract provided.
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law (June 2019), Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
Our Administered Constitution: Administrative Constitutionalism From The Founding To The Present, Sophia Z. Lee
All Faculty Scholarship
This article argues that administrative agencies have been primary interpreters and implementers of the federal Constitution throughout the history of the United States, although the scale and scope of this "administrative constitutionalism" has changed significantly over time as the balance of opportunities and constraints has shifted. Courts have nonetheless cast an increasingly long shadow over the administered Constitution. In part, this is because of the well-known expansion of judicial review in the 20th century. But the shift has as much to do with changes in the legal profession, legal theory, and lawyers’ roles in agency administration. The result is that …
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faculty Scholarship
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …
Article Ii Vests Executive Power, Not The Royal Prerogative, Julian Davis Mortenson
Article Ii Vests Executive Power, Not The Royal Prerogative, Julian Davis Mortenson
Articles
Article II of the United States Constitution vests “the executive power” in the President. For more than two hundred years, advocates of presidential power have claimed that this phrase was originally understood to include a bundle of national security and foreign affairs authorities. Their efforts have been highly successful. Among constitutional originalists, this so-called “Vesting Clause Thesis” is now conventional wisdom. But it is also demonstrably wrong. Based on an exhaustive review of the eighteenth-century bookshelf, this Article shows that the ordinary meaning of “executive power” referred unambiguously to a single, discrete, and potent authority: the power to execute law. …
The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden
The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden
RWU Law
No abstract provided.
Conditionality And Constitutional Change, Felix B. Chang
Conditionality And Constitutional Change, Felix B. Chang
Faculty Articles and Other Publications
The burgeoning field of Critical Romani Studies explores the persistent subjugation of Europe’s largest minority, the Roma. Within this field, it has become fashionable to draw parallels to the U.S. Civil Rights Movement. Yet the comparisons are often one-sided; lessons tend to flow from Civil Rights to Roma Rights more than the other way around. It is an all-too-common hagiography of Civil Rights, where our history becomes a blueprint for other movements for racial equality.
To correct this trend, this Essay reveals what American scholars can learn from Roma Rights. Specifically, this Essay argues that the European Union’s Roma integration …
Commencements Over The Years, Pamela G. Smith
Commencements Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.