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Full-Text Articles in Law

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin May 2012

Bush V. Gore: The Worst (Or At Least Second-To-The-Worst) Supreme Court Decision Ever, Mark S. Brodin

Mark S. Brodin

In the stiff competition for worst Supreme Court decision ever, two candidates stand heads above the others for the simple reason that they precipitated actual fighting wars in their times. By holding that slaves, as mere chattels, could not sue in court and could never be American citizens, and further invalidating the Missouri Compromise, which had prohibited slavery in new territories, Dred Scott v. Sanford charted the course to secession and Civil War four years later. By disenfranchising Florida voters and thereby appointing popular-vote loser George W. Bush as President, Bush v. Gore set in motion events which would lead ...


Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak Apr 2012

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

Supreme Court Justice Robert Jackson’s most important legacy was his role as chief prosecutor for the United States at the Nuremberg Trials. This essay follows Jackson’s legal thought from his return to the United States after Nuremberg, until his death in 1954. Jackson hoped that the lesson of Nuremberg would be “to establish the supremacy of law over such lawless and catastrophic forces as war and persecutions.” Jackson changed law that applied to warfare. In looking to the future, he seems to have assumed that although law had changed, war would retain its essential character. Yet as the ...


War-Time: An Idea, Its History, Its Consequences, Mary L. Dudziak Jan 2012

War-Time: An Idea, Its History, Its Consequences, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

When is wartime? On the surface, it is a period of time in which a society is at war. But we now live in what President Obama has called "an age without surrender ceremonies," as the Administration announced an "end to conflict in Iraq," even though conflict on the ground is ongoing. It is no longer easy to distinguish between wartime and peacetime. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing ...


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

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

All Faculty Scholarship

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.


Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski Jan 2012

Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski

Assaf Likhovski

This Article discusses the use of arguments about “culture” in two debates about the imposition, application and abolition of income tax law: A debate about the transplantation of British income taxation to British-ruled Palestine in the early twentieth century, and a debate about tax privacy in late eighteenth-century and early nineteenth-century Britain. In both cases, “culture,” or some specific aspect of it (notions of privacy) appeared in arguments made by opponents of the tax. However, it is difficult to decide whether the use of cultural arguments in these debates simply reflected some “reality” that existed prior to these debates, whether ...


Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger Jan 2012

Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger

Marie A. Failinger

This article surveys mentions of Islam and Muslims in American federal and state court cases from 1800 to 1960.


Moral Turpitude, Julia Simon-Kerr Dec 2011

Moral Turpitude, Julia Simon-Kerr

Julia Simon-Kerr

This Article gives the first account of the moral turpitude standard, tracing its history from the early American law of defamation to evidence law, where it has been used for witness impeachment, and then to legal areas as diverse as voting rights, juror disqualification, professional licensing, and immigration law, where it is used as a collateral sanctioning mechanism. "Moral turpitude" was formalized as a legal standard by common law courts seeking a manageable test for slander per se. As the standard spread and was appropriated for use in other fields, it functioned as a standard that purported to judge character ...


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Dec 2011

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

Felice J Batlan

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.