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Articles 1 - 30 of 49

Full-Text Articles in Legal History

Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux Jan 2020

Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux

Articles

No abstract provided.


Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff Jan 2018

Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff

Articles

On December 28, 2016, President Obama issued a proclamation designating the Bears Ears National Monument pursuant to his authority under the Antiquities Act of 1906, which allows the President to create monuments on federal public lands. Bears Ears, which is located in the heart of Utah’s dramatic red rock country, contains a surfeit of ancient Puebloan cliff-dwellings, petroglyphs, pictographs, and archeological artifacts. The area is also famous for its paleontological finds and its desert biodiversity. Like other national monuments, Bears Ears therefore readily meets the statutory objective of preserving “historic and prehistoric structures, and other objects of historic or ...


Excavating The Forgotten Suspension Clause, Helen Norton Jan 2018

Excavating The Forgotten Suspension Clause, Helen Norton

Articles

No abstract provided.


The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson Jan 2018

The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson

Articles

No abstract provided.


Book Review, Anna Spain Bradley Jan 2018

Book Review, Anna Spain Bradley

Articles

No abstract provided.


Response, Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux Jan 2017

Response, Class Actions, Civil Rights, And The National Injunction, Suzette M. Malveaux

Articles

This essay is a response to Professor Samuel Bray’s article proposing a blanket prohibition against injunctions that enjoin a defendant’s conduct with respect to nonparties. He argues that national injunctions are illegitimate under Article III and traditional equity and result in a number of difficulties.

This Response argues, from a normative lens, that Bray’s proposed ban on national injunctions should be rejected. Such a bright-line rule against national injunctions is too blunt an instrument to address the complexity of our tripartite system of government, our pluralistic society and our democracy. Although national injunctions may be imperfect and ...


Book Review, Anna Spain Bradley Jan 2017

Book Review, Anna Spain Bradley

Articles

No abstract provided.


Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment Mar 2016

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places ...


A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein Jan 2016

A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Desautels-Stein

Articles

This short essay attempts a systematic rehearsal of the structuralist approach to legal historiography.


Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton Jan 2016

Recovering Forgotten Struggles Over The Constitutional Meaning Of Equality, Helen Norton

Articles

No abstract provided.


Structuralist Legal Histories, Justin Desautels-Stein Jan 2015

Structuralist Legal Histories, Justin Desautels-Stein

Articles

This is a contribution to a symposium titled "Theorizing Contemporary Legal Thought." The central theme of the piece is the relation between legal structuralism and legal historiography.


Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen Jan 2014

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Articles

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights ...


American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin Jan 2013

American Gangsters: Rico, Criminal Syndicates, And Conspiracy Law As Market Control, Benjamin Levin

Articles

In an effort to reexamine legal and political decisions about criminalization and the role of the criminal law in shaping American markets and social institutions, this Article explores the ways in which criminal conspiracy laws in the United States have historically been used to subdue nonstate actors and informal markets that threatened the hegemony of the state and formal market. To this end, the Article focuses primarily on the Racketeer Influenced and Corrupt Organizations Act (RICO) as illustrative of broader trends in twentieth-century criminal policy. Enacted in 1970, RICO provides criminal sanctions for individuals engaged in unacceptable organized activities and ...


Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin Jan 2012

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Articles

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to ...


Note, A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin Jan 2010

Note, A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin

Articles

Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community.

Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which it ...


The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White Jan 2006

The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White

Articles

No abstract provided.


A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins Jan 2006

A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins

Articles

No abstract provided.


Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter Jan 2005

Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter

Articles

No abstract provided.


The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches Jan 2005

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Articles

No abstract provided.


The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson Jan 2005

The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson

Articles

The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents ...


My Dinner At Langdell's, Pierre Schlag Jan 2004

My Dinner At Langdell's, Pierre Schlag

Articles

This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.


Note, Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle Jan 2004

Note, Aquaculture And Pollutants Under The Clean Water Act: A Case For Regulation, Sean M. Helle

Articles

No abstract provided.


Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches Jan 2004

Water Wrongs: Why Can’T We Get It Right The First Time?, David Getches

Articles

No abstract provided.


A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White Jan 2004

A Different Kind Of Labor Law: Vagrancy Law And The Regulation Of Harvest Labor, 1913-1924, Ahmed A. White

Articles

No abstract provided.


Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White Jan 2004

Mutiny, Shipboard Strikes, And The Supreme Court's Subversion Of New Deal Labor Law, Ahmed A. White

Articles

No abstract provided.


A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell Jan 2003

A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell

Articles

No abstract provided.


Western Water: The Ethical And Spiritual Questions, Charles Wilkinson Jan 2002

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Articles

No abstract provided.


Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches Jan 2001

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Articles

No abstract provided.


The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead, Charles F. Wilkinson Jan 1997

The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead, Charles F. Wilkinson

Articles

No abstract provided.


The Public Lands And The National Heritage, Charles F. Wilkinson Jan 1996

The Public Lands And The National Heritage, Charles F. Wilkinson

Articles

No abstract provided.