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Articles 1 - 23 of 23
Full-Text Articles in Law
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
Progressivist Origins Of The 2003 California Gubernatorial Recall, Kira L. Klatchko
ExpressO
Progressivist Origins of the 2003 California Gubernatorial Recall, was written in Sacramento in the midst of the first statewide recall of an elected official in California. The paper explores the nature of the recall procedure and its implementation in the state, and is chiefly an inquiry into the relatedness of the current incarnation and its Progressivist root. It focuses particularly on the recall of Governor Gray Davis, and details how shifting attitudes towards public participation have altered the procedure over time.
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
All The Lizards Stand And Say “Yes Yes Yes” : The Element Of Play In Legal Actions Against Animals And Inanimate Objects, Anna Pervukhin
ExpressO
Legal actions against non-humans (whether animals or objects) were once widespread. They were viewed seriously and undoubtedly served important social functions. This article considers the possibility that some of these actions may have been playful as well. Certain aspects of legal actions against animals and objects-- occasional moments of levity, a preoccupation with formal rules, and a strong emphasis on imaginative transformation-- suggest that these actions had elements of play. The possibility is worth considering for two reasons. First, it may shed some light on a practice that has perplexed and disturbed commentators for centuries. Second, an examination of play …
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll
Working Paper Series
Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle …
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
Secularism's Laws: State Blaine Amendments And Religious Persecution, Kyle Duncan
ExpressO
The State Blaine Amendments are provisions in thirty-seven state constitutions that restrict persons’ and organizations’ access to public benefits on religious grounds. They arose largely in the mid- to late-1800s in response to bitter strife between an established Protestant majority and a growing Catholic minority that sought equal access to public funding for Catholic schools. After the failure to pass a federal constitutional amendment—the "Blaine Amendment"—that would have sealed off public school funds from "sectarian" institutions, similar provisions proliferated in state constitutions. These "State Blaines" have often been interpreted, under their plain terms, as erecting religion-sensitive barriers to the flow …
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
The Perils Of "Consensus": Hans Kelsen And The Legal Philosophy Of The United Nations, J. Peter Pham
ExpressO
Recently the United States and a number of its traditional allies have clashed over a variety of foreign policy issues that are profoundly juridical: the authority for war and peace, the International Criminal Court, etc. The source of these recent tensions is to be located at a level deeper than that of narrow national interests and specific policies. Rather, they arise from significant differences concerning the nature of "consensus" and, ultimately, legal philosophy. While the United Nations and many other international organizations derive their legal visions from the philosophy of law of Hans Kelsen (1881-1973), one of the most important …
How The Uncharged Misconduct Rule Was Born, Thomas J. Reed
How The Uncharged Misconduct Rule Was Born, Thomas J. Reed
ExpressO
An examination of People v. Molineux a 1901 New York landmark case in evidence which gave rise to what is now Rule 404(b) of the Federal Rules of Evidence, the history and background of the common law uncharged misconduct rule, and a legal history of this fascinating criminal prosecution
Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav
Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav
Assaf Likhovski
No abstract provided.
Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel
Consorting In New South Wales: Substantive Offence Or Police Power?, Alex Steel
Alex Steel
Since 1929 it has been an offence in New South Wales to habitually consort with reputed/convicted criminals. This article outlines the fears over so-called razor gangs that led to the offence's introduction and the role of the media in promoting the enactment of the offence. A detailed examination of the scope of the various elements of the offence, as defined by the courts is also provided. The paper also examines the historical and current use of the offence by police, and the degree of discretion involved in enforcement. The breadth of the offence is such that it effectively amounts to …
A Consumer-Use Approach To Products Liability, Alan Calnan
A Consumer-Use Approach To Products Liability, Alan Calnan
Alan Calnan
In dicta, courts have had no trouble identifying unreasonable product uses. Indeed, over the years, they have compiled an extensive list of examples. That list includes the following pearls of wisdom. An automobile should not be used as a bulldozer. A shovel should not be used as a doorstop. A hunting and fishing knife should not be used to shave. A knife should not be used as a toothpick. An electric drill should not be used to clean teeth. A power saw should not be used to clip fingernails. A motorized hedge clipper should not be used to trim beards. …
The Enumerated Powers Of States, Robert G. Natelson
The Enumerated Powers Of States, Robert G. Natelson
Robert G. Natelson
This article lists and discusses the powers reserved exclusively to the states, according the representations made to the ratifying public during the debates over the U.S. Constitution.
The Constitutional Contributions Of John Dickinson, Robert G. Natelson
The Constitutional Contributions Of John Dickinson, Robert G. Natelson
Robert G. Natelson
This article reviews the impact on the drafting and adoption of the U.S. Constitution of the man sometimes referred to as the most underappreciated Founder
Statutory Retroactivity: The Founders' View, Robert G. Natelson
Statutory Retroactivity: The Founders' View, Robert G. Natelson
Robert G. Natelson
The article explains the extent to which the Founders' Constitution permitted and prohibited retroactive legislation, and the provisions in that document relevant to the question.
A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson
A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson
Robert G. Natelson
Nearly all participants in the American Founding shared constitutiona/ values of "sympathy" and "independence." According to the ideal of sympathy, government actors should mirror the full range of popular attitudes. According to the ideal of independence, voters should remain independent of other citizens and of governmental entities, and those entities should remain independent of, and competitive with, each other. Sympathy and independence were central, not peripheral, to the Founders' Constitution, so the document cannot be interpreted properly without keeping them in view. The author provides examples of how constitutional practice might be altered had these central values not been overlooked.
Para Una Historia De La Jurisdicción Mercantil En México: El Decreto De Organización De Las Juntas De Fomento Y Tribunales Mercantiles De 1841, Óscar Cruz
Óscar Cruz Barney
No abstract provided.
The Uses Of History In Law And Economics, Ron Harris
The Uses Of History In Law And Economics, Ron Harris
Ron Harris
During the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s, and this phenomenon was evident in law as well. However, until recently, law and economics, the most influential post-World War II jurisprudential movement, was historical in its methodology and research agenda. The first objective of this article is to call attention to this neglected characteristic of law and economics and to explain its causes by analyzing its intellectual origins, its methodological causes, and the nature of its interaction with other sub-fields of law and of economics. The …
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Joel Fishman
This article provides an annotated listing of all legal history articles published in Law Library Journal from 1906-2002
Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller
Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller
Faculty Publications
No abstract provided.
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Faculty Publications
Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …
Slavery And The Roots Of Sexual Harassment, Adrienne D. Davis
Slavery And The Roots Of Sexual Harassment, Adrienne D. Davis
Scholarship@WashULaw
In recent years, feminist scholars and activists have demonstrated the ways that U.S. slavery functioned as a system of gender supremacy. It entailed the dominance of men over women as well as whites over blacks. Adding the gender lens has shed immense light on the ways that sex, law, and power operated in the racially supremacist enslaving South. In recent years, this literature has emphasized the ways that slavery's sexual and racial subordination converged around the bodies of enslaved black women. One project within this literature characterizes slavery as a "sexual political economy" to make explicit the connections between its …
The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo
The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo
All Faculty Scholarship
Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the unitary executive. …
The Boston Legal Aid Society, 1900-1925, Mark Spiegel
The Boston Legal Aid Society, 1900-1925, Mark Spiegel
Mark Spiegel
This article examines the history of the Boston Legal Aid Society from its founding in 1900 through 1925. In so doing I explore why was Boston Legal Aid started. Depending upon what sources you consult the Boston Legal Aid Society was either the third or fourth legal aid organization started in the United States. The first was New York in 1876 and the second was in Chicago, in the 1880's. My question is why Boston in 1900? What were the forces that led to the founding of this organization at that point in time? Was it part of the effort …
The Secession Reference And The Limits Of Law, Richard Kay
The Secession Reference And The Limits Of Law, Richard Kay
Richard Kay
When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …
The Legal History Of The Twentieth Century, Daniel R. Coquillette
The Legal History Of The Twentieth Century, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.