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Full-Text Articles in Law

Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan Jan 2015

Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan

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No abstract provided.


The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decision According To Law?, James Maxeiner Jul 2014

The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decision According To Law?, James Maxeiner

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This essay is a critical response to the 2013 commemorations of the 75th anniversary of the Federal Rules of Civil Procedure.

The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice” with decisions according to law. By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do.

One side promotes rules that control and conclude litigation: e.g., plausibility pleading, case management, limited discovery ...


The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt Apr 2014

The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt

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Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as protections against discriminatory treatment, the latter as freedom from oppressive government authority. This Essay explains how this differentiation arose and considers its consequences.

Although there is a certain inherent logic to the civil rights-civil liberties divide, it in fact is the product of the unique circumstances of a particular moment in history. In the early years of the Cold War, liberal anticommunists sought to distinguish their incipient interest in the cause of racial equality from their belief that national security required limitations on the speech ...


Legal History And The Politics Of Inclusion, Felice J. Batlan Jan 2014

Legal History And The Politics Of Inclusion, Felice J. Batlan

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No abstract provided.


Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas Aug 2012

Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas

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The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the ...


Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt Jan 2012

Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt

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This Essay identifies the key contributions that Tomiko-Brown Nagin’s Courage to Dissent makes to the legal history of the civil rights movement. It situates the book among several other prominent legal histories of the civil rights era and offers thoughts on the challenge of creating historical accounts that illuminate the complex intersections of legal change and social activism. The Essay argues that Courage to Dissent is among the most thorough and ambitious efforts to confront this challenge in the literature today.


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Jan 2012

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

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This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.


The Tea Party And The Constitution, Christopher W. Schmidt Mar 2011

The Tea Party And The Constitution, Christopher W. Schmidt

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This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined ...


The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan Jan 2011

The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan

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The Gendered Life of Legal Aid, 1863-1960 (manuscript in process) will be the first monograph on the history of civil legal aid in the United States. By closely examining the history of legal aid in New York, Chicago, and Boston, it presents a number of arguments with wide-ranging implications and it is animated by a host of conflicts. These include the relationship between legal aid and citizenship, the changing status of domestic relations law, the interactions between lawyers and social workers and their different understandings of the role and nature of law, what services legal aid should provide, and even ...


Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan Jan 2010

Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan

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The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path ...


Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan Feb 2007

Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan

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No abstract provided.


Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan Feb 2006

Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan

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No abstract provided.


Engendering Legal History, Felice J. Batlan Feb 2005

Engendering Legal History, Felice J. Batlan

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No abstract provided.


A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan Feb 2002

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

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No abstract provided.


Maryland's Adoption Of A Code Of Evidence, Lynn Mclain Jul 1994

Maryland's Adoption Of A Code Of Evidence, Lynn Mclain

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This short paper written just after the adoption of the Maryland Rules of Evidence explains the rules and the process it took to adapt the Federal Rules of Evidence for use in Maryland.


Maryland's First Evidence Code, Lynn Mclain Mar 1994

Maryland's First Evidence Code, Lynn Mclain

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This outline from a talk given by Professor McLain outlines the history of the rules of evidence Maryland has used and provides a quick summary of the then-new Title 5, the Maryland Rules of Evidence.


Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber Jan 1992

Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber

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No abstract provided.