Law Commons^™

The Role Of Law In U.S. History Textbooks, Russ Versteeg

Cleveland State Law Review

This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …

Law School News: Rewards Of The Road Less Traveled 10-13-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

The Politics And Ethics Of Immigration In A Commercial Republic, Kiara Palomares

Honors Program Theses and Projects

The quote on the Statue of Liberty reads: “Give me your tired, your poor, Your huddled masses yearning to breathe free, The retched refuse of your teeming shore, Send these, the homeless, tempest-tost to me. I lift my lamp beside the golden door!” These words are central to the mythology of America as a nation of immigrants and, to the extent that this myth is accurate, one would expect that after experiencing multiple waves of immigration the United States (US) would have developed a set of principles guiding how legislators think about and frame immigration policy. This would not be …

Law School News: Rwu Law Dean Seeking To Build On Culture Of Service, Innovation 12/09/2020, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Third Wheeling In The Two-Party System: How Same-Party Replacement Systems Impede The Replacement Of Independent And Third-Party Legislators, Tyler Yeargain

West Virginia Law Review

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

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

Law Library Newsletters/Blog

No abstract provided.

Carter, Will-Parker (Sc 3517), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3517. “A Life of Service: The Domestic Healthcare Policies of Dr. Tim Lee Carter,” a research paper by Kentucky congressman Carter’s great-nephew Will-Carter Parker, written while he was a student at Georgetown College, Georgetown, Kentucky. He reviews Dr. Carter’s legislative work and argues that his ideas influenced the content of the Patient Protection and Affordable Care Act (2010).

From Attorney General To Backbencher Or Opposition Legislator: The Lawyer’S Continuing Duty Of Confidentiality To The Former Client, Andrew Martin

Articles, Book Chapters, & Popular Press

This note uses a recent incident from Manitoba to reflect on the professional duty of confidentiality owed to the Crown by a former Attorney General as lawyer. The duty of confidentiality survives the lawyer-client relationship. As a fiduciary, the lawyer cannot disclose or use the client’s confidential information for her own benefit or the benefit of a third party, or against the client. These obligations constrain the former Attorney General in her conduct as an opposition legislator and suggest that she should not accept an appointment as Justice critic for her caucus. While parliamentary privilege protects the former Attorney General …

F18rs Sgr No. 3 (Higher Ed. Funding), Jordan Landry, Edouard D'Espalungue, Jack Green, Catherine Mckinney, Cassidy Riley

Student Senate Enrolled Legislation

No abstract provided.

Preface: Annual Survey 2017, Brian M. Melnyk

University of Richmond Law Review

No abstract provided.

Meet Daca's Demise With Determination, Not Despair, Donald Roth

Faculty Work Comprehensive List

"This is a moment in which vital immigration reform is actually realistically possible, but the magnitude of that task requires bipartisanship like we haven’t seen in some time."

Posting about ­­­­­­­­the recent rescinding of DACA from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

http://inallthings.org/feature/meet-dacas-demise-with-determination-not-despair/

Creating Single-Member House Districts In West Virginia, Charles R. Russell

West Virginia Law Review

No abstract provided.

Pro-Constitutional Representation: Comparing The Role Obligations Of Judges And Elected Representatives In Constitutional Democracy, Vicki C. Jackson

William & Mary Law Review

The role of elected representatives in a constitutional democracy deserves more attention than it typically receives in law schools. Just as judges have a set of role obligations, which are widely discussed and debated, so, too, do representatives. Their obligations, however, are far less widely discussed in normative terms. Understandable reasons for this neglect exist, due to institutional differences between legislatures and courts, law schools' long-standing focus on courts, and the intensely competing demands on elected officials; but these factors do not justify the degree of silence on the normative obligations of representatives. This Essay seeks to introduce and defend …

The Curious Case Of Cell Phone Location Data: Fourth Amendment Doctrine Mash-Up, Monu Bedi

Northwestern University Law Review

Police surveillance ability and information gathering capacity have a dynamic relationship with technology. Greater advancements in technology make it easier for the police to surveil individuals and collect information. This state of affairs leads to heightened concerns over Fourth Amendment protection. This issue has most recently played out in the context of police collecting cell phone location data. Courts disagree on whether and to what extent this data garners Fourth Amendment protection. Underlying this disagreement rests a hitherto overlooked tension between two interrelated Fourth Amendment doctrines—the third-party and the public disclosure doctrines. While both vitiate privacy protection and are commonly …

The Indefinite Deflection Of Congressional Standing, Nat Stern

Pepperdine Law Review

Recent litigation brought or threatened against the administration of President Obama has brought to prominence the question of standing by Congress or its members to sue the President for nondefense or non-enforcement of federal law. While scholars divide over the normative propriety of such suits, the Court has never issued a definitive pronouncement on their viability. Nevertheless, the Court’s rulings when the issue has arisen have displayed a distinct pattern. While the Court has not formally repudiated suits of this nature, neither has it issued a decision that hinges on the presence of congressional standing. On the contrary, the Court …

The Problem Of Appropriations Riders: The Bipartisan Budget Bill Of 2013 As A Case Study, Irene Scharf

Faculty Publications

This article tells the story of the enactment of the bill containing Section 2013. It also provides context for Congress's widespread practice of inserting substantive provisions into appropriations bills, and argues that this practice is inappropriate and counterproductive. Enacted in haste, at the end of a lengthy and historically contentious legislative session plagued by threats of an unfunded government, Section 203 was slipped into a bill about a wholly different topic - "keeping the government open and functioning" - without input from key legislators or stakeholders. Hence, its difficulties were foreseeable.

Part II of this piece offers background about the …

Carter, Tim Lee, 1910-1987 - Relating To (Sc 2931), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2931. Materials relating to Tim Lee Carter, a Tompkinsville, Kentucky physician and member of the U.S. Congress from 1965-1981. Includes clippings, biographical data, correspondence relating to medical malpractice legislation, and programs, memoranda and publicity relating to the opening of the Carter Congressional Collection at Western Kentucky University. Also includes a pencil sketch of Carter.

The Good American Legislator: Some Legal Process Perspectives And Possiblilities, Robert F. Blomquist

Akron Law Review

In this Article, I intend to sketch some theoretical attributes of the good American legislator...In Part I of the Article, I will discuss the original legal process jurisprudence of the 1940s and 1950s, and will attempt to tease out of this body of thought concepts that bear on defining the good American legislator. In Part II, I turn, successively, to the three offshoots of the original legal process material, written over the last twenty years: process formalists, process progressives and process pragmatists. I do this in order to uncover insights that might further our understanding of the good American legislator. …

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown

Indiana Law Journal

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.

Underwood, Warner Lewis, 1808-1872 (Sc 2678), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2678. Letters of Warner Lewis Underwood of Bowling Green, Kentucky, written to his family from Texas, Washington, D. C., Scotland, and Frankfort, Kentucky. He writes to his wife of business and household matters,and of political affairs during his service in the Kentucky Senate and the U.S. House of Representatives. A letter to his son-in-law from Scotland, where Underwood was serving as consul, praises his Civil War service. Correspondence with his son discusses the younger Underwood’s law studies in Albany, New York.

Lindsay, William, 1835-1909 (Sc 569), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 569. Letter, 4 October 1892, from attorney and politician William Lindsay, Frankfort, to law firm, Butler, Stillman and Hubbard, related to the settlement of a lawsuit.

Religion, Democracy, And Autonomy: A Political Parable, Steven D. Smith

Steven D. Smith

No abstract provided.

Behind The Veil Of Legal Uncertainty , Yuval Feldman, Shahar Lifshitz

Law and Contemporary Problems

This article challenges the conventional view and proclaims the advantages of legal uncertainty. This article recognized some of the drawbacks may arise due to uncertainty and hence illustrated several refinements and limitations regarding the use of a "veil of uncertainty" mechanism in order to improve its potential benefits for lawmakers.

A Tribute To Phil Burton, John Burton

Golden Gate University Law Review

No abstract provided.

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

University of Richmond Law Review

No abstract provided.

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Scholarly Works

No abstract provided.

Bo Ginn Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of various political papers to and from Ronald “Bo” Ginn from 1973 to 1983. The collection includes professional correspondence to and from various constituents and organizations, personal correspondence, and audiovisual tapes of Ginn’s life and work. These items contain items of importance for the citizens of Georgia such as, agriculture, government spending, and issues regarding other forms of commerce for Georgia.

Find this collection in the University Libraries' catalog.

In Search Of Themis: Toward The Meaning Of The Ideal Legislator-Senator Edmond S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.