Law Commons^™

Issa Tanimura, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law

RWU Law

No abstract provided.

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

Law Library Newsletters/Blog

No abstract provided.

Why Didn't The Common Law Follow The Flag?, Christian Burset

Journal Articles

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …

The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …

Self-Deportation Nation, K-Sue Park

Georgetown Law Faculty Publications and Other Works

“Self-deportation” is a concept to explain the removal strategy of making life so unbearable for a group that its members will leave a place. The term is strongly associated with recent state and municipal attempts to “attack every aspect of an illegal alien’s life,” including the ability to find employment and housing, drive a vehicle, make contracts, and attend school. However, self-deportation has a longer history, one that predates and made possible the establishment of the United States. As this Article shows, American colonists pursued this indirect approach to remove native peoples as a prerequisite for establishing and growing their …

Another Look At Students Studying Over The Years, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Lewis Katz Hall Dedication, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Law School News: Celebrating The First Women Lawyers In Rhode Island April 12, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Kegs In The Curtilage, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Alfred Nevin, The Law School's First Student, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

April 1, 1834, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

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 …

Legacies Of Belle La Follette’S Big Tent Campaigns For Women’S Suffrage, Nancy Unger

History

In countless speeches and articles in La Follette’s Magazine, Belle Case La Follette urged that women needed the vote to secure “standards of cleanliness and healthfulness in the municipal home,” and because “home, society, and government are best when men and women keep together intellectually and spiritually.” This range of often mutually exclusive arguments created an inclusive big tent. However, arguing that women were qualified to vote by their roles as wives and mothers while maintaining that gender was superfluous to suffrage also contributed to an uneasy combination that would continue the conflict over women’s true nature and hinder their …

Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman

Faculty Scholarship

We assume that the nineteenth century was an era of patronage, and the twentieth century marked the rise of professionalization. But the Office of the Attorney General reveals an opposite pattern — a troubling rise of cronyism in the DOJ from the early twentieth century.

This Article uses the rough categories of “professional,” “politico,” and “insider” or “crony,” based on each attorney general's background and how he or she rose to the office (rather than based upon their performance in the office.) Most AGs in the nineteenth century were "politicos" (major established political figures) or "professionals" (experienced lawyers relatively separate …

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

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 …

The Curtilage, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Woolsack Honor Society, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Fighting Rebellion, Criminalizing Dissent: Governmental Responses To Political Criminality In Mexico And Colombia, 1870s - 1910s, Adrian Alzate Garcia

FIU Electronic Theses and Dissertations

Political Crimes represent one of the most neglected areas in the historical scholarship on modern Latin America. It is an enduring absence that, for decades, has prevented historians from developing richer understandings about the functioning of politics, the evolution of legal phenomena, and the workings of both war and peace in the region. This dissertation addresses this historiographical void trough a comparative study of governmental responses to political criminality in Mexico and Colombia between the 1870s and the 1910s –years that frame the rise and fall of the Mexican Porfiriato and the Colombian Regeneration.

A study of political, legal, and …

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

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

Perspectives on Law School History

No abstract provided.

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

Law Library Newsletters/Blog

No abstract provided.

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

Perspectives on Law School History

No abstract provided.

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

Honors Theses

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

Perspectives on Law School History

No abstract provided.