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Articles 1 - 21 of 21
Full-Text Articles in Legal History
Cultural Democracy And The First Amendment, Jack M. Balkin
Cultural Democracy And The First Amendment, Jack M. Balkin
Northwestern University Law Review
Freedom of speech secures cultural democracy as well as political democracy. Just as it is important to make state power accountable to citizens, it is also important to give people a say over the development of forms of cultural power that transcend the state. In a free society, people should have the right to participate in the forms of meaning-making that shape who they are and that help constitute them as individuals.
The digital age shows the advantages of a cultural theory over purely democracy-based theories. First, the cultural account offers a more convincing explanation of why expression that seems …
Books Received, Georgia Journal Of International And Comparative Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams
Touro Law Review
No abstract provided.
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Police Misconduct - A Plaintiff's Point Of View, Fred Brewington
Touro Law Review
No abstract provided.
Criminal Prosecution And Section 1983, Barry C. Scheck
Criminal Prosecution And Section 1983, Barry C. Scheck
Touro Law Review
No abstract provided.
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Fordham Urban Law Journal
No abstract provided.
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern
Seattle University Law Review
The English East India Company was first chartered in 1600, endured until the late nineteenth century, and, in a clever act of corporate resurrection, has even recently returned as a global, upmarket retail outlet selling fine foods and commemorative coins. It has also endured in the popular imagination and culture, churning out heroes and villains alike in film, television, and video games. The script writer for a forthcoming BBC miniseries, in which the East India Company stars as the prime antagonist, even noted recently that the Company was like “the CIA, the NSA, and the biggest, baddest multinational corporation on …
Julia’S Nuptials: Free, Freed, And Slave Marriage In Late Fifth Century Roman Law, Hannah Basta, Cam Grey
Julia’S Nuptials: Free, Freed, And Slave Marriage In Late Fifth Century Roman Law, Hannah Basta, Cam Grey
DISCOVERY: Georgia State Honors College Undergraduate Research Journal
In 468 AD, a certain woman named Julia went to the Roman Emperor Anthemius to declare that she had married her former slave, her freedman. Roman law on the matter had previously stated that free women who knowingly cohabited with slaves would relinquish their freedom along with the freedom of any children resulting from such a union, and they would all become slaves of the master of the slave to whom she married. The law avoided any mention of marriages to freedmen. Marriages resembling Julia’s then, occupied a grey area in Roman law for over four hundred years. In response …
Reflections On Opportunity In Life And Law, Judith S. Kaye
Reflections On Opportunity In Life And Law, Judith S. Kaye
Brooklyn Law Review
This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Customary International Law: A Reconceptualization, Roozbeh (Rudy) B. Baker
Brooklyn Journal of International Law
The current state of international law is one of deep confusion over the role of state practice and opinio juris within the customary element. The debate between adherents of “modern custom” versus those of “traditional custom” has resulted in deep uncertainty and confusion. New theories of customary international law have proved inadequate in clarifying the current state of the field. Confusions over the meanings and relationships between state practice and opinio juris aside, current approaches are all also flawed due to a heavily state-centric bias that fails to take into account the very real affects that norm-generating transnational actors have …
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Taking Constitutional Identities Away From The Courts, Pietro Faraguna
Brooklyn Journal of International Law
In federal states, constitutional identity is the glue that holds together the Union. On the contrary, in the European Union—not a fully-fledged federation yet—each Member state has its own constitutional identity. On the one hand, the Union may benefit from the particular knowledge, innovation, history, diversity, and culture of its individual states. On the other hand, identity-related claims may have a disintegrating effect. Constitutional diversity needs to come to terms with risks of disintegration. The Treaty on the European Union seeks a balance, providing the obligation to respect the constitutional identities of its Member states. Drawing from the European experience, …
A Tribute To Judge Kaye, Nicholas W. Allard
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
For Judith S. Kaye, Susan N. Herman
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Humbug: Toward A Legal History, Susanna Blumenthal
Humbug: Toward A Legal History, Susanna Blumenthal
Buffalo Law Review
No abstract provided.
Textiles: Popular Culture And The Law, Laura F. Edwards
Textiles: Popular Culture And The Law, Laura F. Edwards
Buffalo Law Review
No abstract provided.
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee
Brooklyn Journal of Corporate, Financial & Commercial Law
In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
The Development Of Chinese Constitutionalism, Chenglin Liu
The Development Of Chinese Constitutionalism, Chenglin Liu
St. Mary's Law Journal
Since the establishment of the People's Republic of China (PRC) in 1949, the country has enacted four constitutions. This Article provides a historical analysis of how the Communist Party of China (the Party) and its paramount leaders shaped each constitution, influenced the public perception of the law, and determined the method individual constitutional rights should be permitted. Through examining leading incidents that defined the PRC's history, this Article provides a detailed examination of how the Party used a constitutional framework to achieve its specific agenda of the time.