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Articles 1 - 10 of 10
Full-Text Articles in Legal History
The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum
The Ministerial Exception And The Limits Of Religious Sovereignty, Ian C. Bartrum
Ian C Bartrum
This paper explores the scope of independent religious sovereignty in the context of the ministerial exception.
Analysis: Williams V Scott, Jon Foster
Analysis: Williams V Scott, Jon Foster
Jon Foster
In the case of Williams v Scott, the Court has been asked to determine the constitutionality of Senate Bill 2100 in relation to the rights of public sector employees to collectively bargain.
Ratings Contre Etats, Gregory Lewkowicz
Ratings Contre Etats, Gregory Lewkowicz
Gregory Lewkowicz
Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
University Of Baltimore Symposium Report: Debut Of “The Matthew Fogg Symposia On The Vitality Of Stare Decisis In America”, Zena D. Crenshaw-Logal
Zena Denise Crenshaw-Logal
On the first of each two day symposium of the Fogg symposia, lawyers representing NGOs in the civil rights, judicial reform, and whistleblower advocacy fields are to share relevant work of featured legal scholars in lay terms; relate the underlying principles to real life cases; and propose appropriate reform efforts. Four (4) of the scholars spend the next day relating their featured articles to views on the vitality of stare decisis. Specifically, the combined panels of public interest attorneys and law professors consider whether compliance with the doctrine is reasonably assured in America given the: 1. considerable discretion vested in …
Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler
Willful [Color-] Blindness: The Supreme Court's Equal Protection Of Ascription, Aaron J. Shuler
Aaron J Shuler
Rogers Smith in his "Beyond Tocqueville, Myrdal and Hartz: The Multiple Traditions in America," warns of novel legal systems reconstituting ascriptive American inequality. The post-Warren Courts' approach to Equal Protection, specifically their unwillingness to consider disparate impact and the difference between invidious and benign practices, betrays an "ironic innocence" as described by James Baldwin to a history of racial discrimination and domination, and a disavowal of a hiearchy that the Court perpetuates.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …
The (Re-) Constitution Of The Public, Gianluigi Palombella
The (Re-) Constitution Of The Public, Gianluigi Palombella
Gianluigi Palombella
This article deals with the prospect of public law in global governance. It analyses firstly the foundations of modern public law and considers what is left of them in the global setting. Are they still holding through States’ de-centering practices, detached from the legitimating grounds of the modern ‘idea of publicness’? What is called here the duality of public law (in its State-related political and juridical strands) fades and decouples in the sphere where inherently ‘global’ legalities originate of a deracinated type: the distinctively global ‘public’ only provides a ‘suspended public law’ and politically unsaturated. The Constitution of the Public …
Constitutional Backdrops, Stephen E. Sachs
Constitutional Backdrops, Stephen E. Sachs
Stephen E. Sachs
The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text, many scholars have sought answers to such questions in Founding-era history. But why should the historical answers be valid today, if they were never codified in the Constitution's text? This Article describes a category of legal rules that weren't adopted in the text, expressly or implicitly, but which nonetheless have continuing legal force under the written Constitution. These …
Correos Electrónicos De Autoridades Públicas: En Torno A Una Mala Caracterización Jurídica, Fernando Muñoz
Correos Electrónicos De Autoridades Públicas: En Torno A Una Mala Caracterización Jurídica, Fernando Muñoz
Fernando Muñoz
Tal como una adecuada caracterización jurídica puede reportar grandes ventajas desde el punto de vista de la sistematicidad y coherencia del sistema jurídico, una mala caracterización puede significar desde una oportunidad perdida hasta un traspié con graves consecuencias.
How The British Gun Control Program Precipitated The American Revolution, David B. Kopel
How The British Gun Control Program Precipitated The American Revolution, David B. Kopel
David B Kopel
Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.
From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …