Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

History

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 1742

Full-Text Articles in Law

A Historical Analysis Of The Investment Company Act Of 1940, Michael B. Weiner Feb 2021

A Historical Analysis Of The Investment Company Act Of 1940, Michael B. Weiner

Michigan Business & Entrepreneurial Law Review

More than 100 million Americans invest $25 trillion in mutual funds and exchange-traded funds (collectively, “funds”) regulated by the Investment Company Act of 1940 (the “Act”), making funds the predominant investment vehicle in the United States. Everyday investors rely on funds to save for retirement, pay for college, and seek financial security. In this way, funds demonstrate how “Wall Street” can connect with “Main Street” to improve people’s lives.

By way of background, funds are created by investment advisers (“advisers”) that provide investment advisory (e.g., stock selection) and other services to their funds in exchange for a fee ...


Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law Jan 2021

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2021

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty Dec 2020

Legal Clinics And The Better Trained Lawyer, Part Ii: A Case Study Of Accomplishments, Challenges And The Future Of Clinical Legal Education, Thomas Geraghty

Northwestern Journal of Law & Social Policy

No abstract provided.


Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden Nov 2020

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


No Superiors And Few Equals: How Elizabeth Freeman Helped To End Slavery In Massachusetts, Gabrielle Lucas Oct 2020

No Superiors And Few Equals: How Elizabeth Freeman Helped To End Slavery In Massachusetts, Gabrielle Lucas

The Macksey Journal

Freedom suits were used by some slaves to gain their freedom through the courts, and they often utilized the ideas of freedom and equality that became popular during the Revolutionary War to make the case for individual emancipation. With the help of her lawyer, Elizabeth Freeman, a slave in Sheffield, Massachusetts during the American Revolution, sued for her freedom using arguments inspired by Revolutionary rhetoric, the Declaration of Independence, and the Massachusetts Constitution of 1780. Using those documents and other eighteenth-century legal opinions and court cases, this research shows how Freeman’s case (Brom and Bett v. Ashley, 1781) set ...


Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill Oct 2020

Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill

University of Massachusetts Law Review

It is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy ...


United/States: A Revolutionary History Of American Statehood, Craig Green Oct 2020

United/States: A Revolutionary History Of American Statehood, Craig Green

Michigan Law Review

Where did states come from? Almost everyone thinks that states descended immediately, originally, and directly from British colonies, while only afterward joining together as the United States. As a matter of legal history, that is incorrect. States and the United States were created by revolutionary independence, and they developed simultaneously in that context as improvised entities that were profoundly interdependent and mutually constitutive, rather than separate or sequential.

“States-first” histories have provided foundational support for past and present arguments favoring states’ rights and state sovereignty. This Article gathers preconstitutional evidence about state constitutions, American independence, and territorial boundaries to challenge ...


Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart Sep 2020

Man’S Best Friend? How Dogs Have Been Used To Oppress African Americans, Shontel Stewart

Michigan Journal of Race and Law

The use of dogs as tools of oppression against African Americans has its roots in slavery and persists today in everyday life and police interactions. Due to such harmful practices, African Americans are not only disproportionately terrorized by officers with dogs, but they are also subject to instances of misplaced sympathy, illsuited laws, and social exclusion in their communities. Whether extreme and violent or subtle and pervasive, the use of dogs in oppressive acts is a critical layer of racial bias in the United States that has consistently built injustices that impede social and legal progress. By recognizing this pattern ...


Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law Sep 2020

Is This A Christian Nation?: Virtual Symposium September 25, 2020, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


St. Mary’S University Institute On Chinese Law And Business: Remarkable Success In The First Ten Years, Robert H. Hu Sep 2020

St. Mary’S University Institute On Chinese Law And Business: Remarkable Success In The First Ten Years, Robert H. Hu

St. Mary's Law Journal

Abstract forthcoming.


Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Sep 2020

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law Aug 2020

Law School News: Judge Rogeriee Thompson, Legal Pioneer Dorothy Crockett Among Influential "Women Of The Century" 08/19/2020, Eryn Dion, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden Jul 2020

Law School News: Remembering John Lewis 07-18-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman Jul 2020

Thin And Thick Conceptions Of The Nineteenth Amendment Right To Vote And Congress's Power To Enforce It, Richard L. Hasen, Leah M. Litman

Articles

This Article, prepared for a Georgetown Law Journal symposium on the Nineteenth Amendment’s one-hundred-year anniversary, explores and defends a “thick” conception of the Nineteenth Amendment right to vote and Congress’s power to enforce it. A “thin” conception of the Nineteenth Amendment maintains that the Amendment merely prohibits states from enacting laws that prohibit women from voting once the state decides to hold an election. And a “thin” conception of Congress’s power to enforce the Nineteenth Amendment maintains that Congress may only supply remedies for official acts that violate the Amendment’s substantive guarantees. This Article argues the ...


Men's Reproductive Rights: A Legal History, Mary Ziegler Jun 2020

Men's Reproductive Rights: A Legal History, Mary Ziegler

Pepperdine Law Review

This Article offers the first legal history of men’s procreative rights, filling a gap in scholarship on assisted reproduction, constitutional law, and social movements. A rich literature addresses women’s procreative rights in contexts from abortion to infertility. By comparison, we know relatively little about the history of the debate about reproductive rights for men. This void is particularly troubling at a time when the law of reproductive rights is increasingly up for grabs, especially in the context of assisted reproduction technologies (ART). Men’s rights advocates—and the abortion-rights supporters responding to them—championed a jurisprudential approach to ...


Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa Jun 2020

Reassessing Aspects Of The Contribution Of African States To The Development Of International Law Through African Regional Multilateral Treaties, Tiyanjana Maluwa

Michigan Journal of International Law

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law.

This article underscores the role of the postcolonial periphery ...


Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden May 2020

Law School News: Distinguished Research Professor: John Chung 05-24-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Why Study Tax History?, Reuven S. Avi-Yonah May 2020

Why Study Tax History?, Reuven S. Avi-Yonah

Reviews

Since the beginning of this century, John Tiley organized an annual tax history conference at Cambridge, a tradition that was continued after his death under the leadership of Peter Harris. These are the papers from the ninthCambridge Tax Law History Conference, held in July 2018. In the usual manner, the papers have been selected from an oversupply of proposals for their interest and relevance, and scrutinized and edited to the highest standard for inclusion in this prestigious series. The result is an outstanding book, with many high quality contributions to historical tax research.


Fixing America's Founding, Maeve Glass May 2020

Fixing America's Founding, Maeve Glass

Michigan Law Review

Review of Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era.


Translating The Constitution, Jack M. Balkin May 2020

Translating The Constitution, Jack M. Balkin

Michigan Law Review

Review of Lawrence Lessig's Fidelity and Constraint: How the Supreme Court Has Read the American Constitution.


Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz May 2020

Coin, Currency, And Constitution: Reconsidering The National Bank Precedent, David S. Schwartz

Michigan Law Review

Review of Eric Lomazoff's Reconstructing the National Bank Controversy: Politics and Law in the Early American Republic.


Fascism And Monopoly, Daniel A. Crane May 2020

Fascism And Monopoly, Daniel A. Crane

Michigan Law Review

The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler’s rise to power and the Third Reich’s wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising concentration in the American economy could similarly threaten democracy. Skeptics demur, observing that German big business largely opposed Hitler during the crucial years of his ascent. Drawing on business histories and archival material from the U.S. Office of Military Government’s Decartelization Branch, this ...


Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott May 2020

Conceptualizing Legal Childhood In The Twenty-First Century, Clare Huntington, Elizabeth S. Scott

Michigan Law Review

The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s ...


The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries Apr 2020

The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries

Honors Thesis

This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In ...


Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint Apr 2020

Dismantling The Master’S House: Toward A Justice-Based Theory Of Community Economic Development, Etienne C. Toussaint

University of Michigan Journal of Law Reform

Since the end of the American Civil War, scholars have debated the efficacy of various models of community economic development, or CED. Historically, this debate has tracked one of two approaches: place-based models of CED, seeking to stimulate community development through market-driven economic growth programs, and people-based models of CED, focused on the removal of structural barriers to social and economic mobility that prevent human flourishing. More recently, scholars and policymakers have turned to a third model from the impact investing community—the social impact bond, or SIB. The SIB model of CED ostensibly finds a middle ground by leveraging ...


Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther Apr 2020

Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther

Michigan Business & Entrepreneurial Law Review

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 ...


Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law Mar 2020

Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon Mar 2020

Stop Regulating Government Paperwork With More Government Paperwork, Joseph D. Condon

Michigan Journal of Environmental & Administrative Law

The Paperwork Reduction Act (PRA) is an often-ignored law with a large impact. Federal agencies cannot ask the same questions of more than nine people or entities without submitting a proposed information collection to the White House Office of Management and Budget for review, a process that can take up to a year to complete. In an attempt to regulate the amount of paperwork foisted on the public, the PRA has created an enormous amount of paperwork for federal agencies—without any meaningful reduction in the paperwork burden faced by the public. Yet, likely because the burden of the PRA ...


Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria Mar 2020

Uncovering Wholesale Electricity Market Principles, Michael Panfil, Rama Zakaria

Michigan Journal of Environmental & Administrative Law

This paper examines, enunciates, and makes explicit a set of market principles historically relied upon by the Federal Energy Regulatory Commission (FERC) to regulate wholesale electricity markets as required under the Federal Power Act (FPA). These identified competitive market principles are supported by policy and legal foundations that run through a myriad of FERC orders and court decisions. This paper seeks to make that history and those implicit market principles explicit by distilling and organizing Commission Orders and court decisions. It concludes that five market principles, each with multiple subprinciples, can be identified as elemental to how FERC understands and ...