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Articles 1 - 30 of 134
Full-Text Articles in Legal History
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Ownership Without Citizenship: The Creation Of Noncitizen Property Rights, Allison Brownell Tirres
Michigan Journal of Race and Law
At the nation’s founding, the common law of property defined ownership as an incident of citizenship. Noncitizens were unable lawfully to hold, devise, or inherit property. This doctrine eroded during the course of the eighteenth and nineteenth centuries, but few scholars have examined its demise or the concommittant rise of property rights for foreigners. This Article is the first sustained treatment of the creation of property rights for noncitizens in American law. It uncovers two key sources for the rights that emerged during the nineteenth century: federal territorial law, which allowed for alien property ownership and alien suffrage, and state …
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
The Undersigned Attorney Hereby Certifies -- The Washington Supreme Court Rule On Standards And Its Implications, Justice Sheryl Gordon Mccloud, Justice Susan Owens, Marc Boman, Joanne Moore
Seattle Journal for Social Justice
No abstract provided.
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
G Forces: Gideon V. Wainwright And Matthew Adler's Move Beyond Cost-Benefit Analysis, Janet Moore
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Dark Medicine: How The National Research Act Has Failed To Address Racist Practices In Biomedical Experiments Targeting The African-American Community, Anietie Maureen-Ann Akpan
Seattle Journal for Social Justice
No abstract provided.
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Driving While License Suspended - Third Degree, A Framework For Requesting Alternative Sentences, Sahar Fathi
Seattle Journal for Social Justice
No abstract provided.
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Securing Food Justice, Sovereignty & Sustainability In The Face Of The Food Safety Modernization Act (Fsma), Eve Kerber
Seattle Journal for Social Justice
No abstract provided.
Introduction, Jacqueline Mcmurtrie
Introduction, Jacqueline Mcmurtrie
Seattle Journal for Social Justice
No abstract provided.
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Gideon At Fifty -- Golden Anniversary Or Mid Life Crisis, Kim Taylor-Thompson
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Do We Have It Right This Time? An Analysis Of The Accomplishments And Shortcomings Of Washington's Indian Child Welfare Act, Karen Gray Young
Seattle Journal for Social Justice
No abstract provided.
Nfib V. Sebelius And The Transformation Of The Taxing Power, Barry Cushman
Nfib V. Sebelius And The Transformation Of The Taxing Power, Barry Cushman
Notre Dame Law Review
In National Federation of Independent Business v. Sebelius, Chief Justice Roberts wrote for a majority of five Justices in holding that the “shared responsibility payment” required by the Patient Protection and Affordable Care Act (“ACA”) constituted an imposition of a “tax” rather than a “penalty.” Thus, even though the Chief Justice and four other Justices had concluded that the provision was not a legitimate exercise of the commerce power, the Court held that it was a valid exercise of the taxing power.
The origin of the distinction between taxes and penalties in taxing power jurisprudence is found in the 1922 …
The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash
The Appointment And Removal Of William J. Marbury And When An Office Vests, Saikrishna Bangalore Prakash
Notre Dame Law Review
Scholars have ignored the most important question in one of the most famous constitutional law cases, obscuring the machinations that spawned the dispute. This Article sheds light on the events that precipitated Marbury v. Madison and also explains when an appointment vests. Thomas Jefferson famously refused to deliver a commission to William J. Marbury, causing the latter to seek a writ of mandamus from the Supreme Court. The received wisdom supposes that Jefferson’s refusal rested on the grounds that Marbury had not been appointed a justice of the peace precisely because he never had received a commission. In fact, Jefferson’s …
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Fifty Years After Gideon: It Is Long Past Time To Provide Lawyers For Misdemeanor Defendants Who Cannot Afford To Hire Their Own, Robert C. Boruchowitz
Seattle Journal for Social Justice
No abstract provided.
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Originalism And The Colorblind Constitution, Michael B. Rappaport
Originalism And The Colorblind Constitution, Michael B. Rappaport
Notre Dame Law Review
In this Article, I challenge the claim that the original meaning clearly allows the states to engage in affirmative action. I argue that the original meaning does not plainly establish that affirmative action by the states is constitutional. Instead, there is, at the least, a reasonable argument to be made that state government affirmative action is unconstitutional. In fact, based on the available evidence, I believe that the case for concluding that the Fourteenth Amendment’s original meaning prohibits affirmative action as to laws within its scope is stronger than the case for concluding that it allows affirmative action. I do …
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
Law, Religion, And Pluralism: The Thought And Experiences Of Nathan Isaacs (1886-1941), Samuel Flaks
Touro Law Review
No abstract provided.
The Discovery And Assimilation Of British Constitutional Law Principles In Quebec, 1764-1774, Michel Morin
The Discovery And Assimilation Of British Constitutional Law Principles In Quebec, 1764-1774, Michel Morin
Dalhousie Law Journal
This paper examines information available to Francophone persons regarding their rights as British subjects prior to the adoption of the Quebec Act of 1774, as well as the use they made of these concepts. The bilingual Quebec Gazette reported on legal developments in France, England, and the American colonies, including challenges to the traditional vision of governmental authority. It discussed the right to be taxed by elected representatives and the conflicts between the metropolis and the colonies. Debates about these issues are thought to have appeared in Quebec only after the beginning of the American Revolution, but they circulated earlier …
For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks
For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks
University of Michigan Journal of Law Reform
In a large number of states, women are encouraged to take their husbands’ surnames at marriage by being offered an expedited name-change process that is shorter, less expensive, and less invasive than the statutory process that men must complete. If a couple instead decides to take an altogether-new name at marriage, the vast majority of states require that each spouse complete the longer statutory process. This name-change system emerged from a long history of naming as a way for men to dominate women. This Note emphasizes the need for name-change reform, arguing that the current system perpetuates antiquated patriarchal values …
A Mindful Environmental Jurisprudence?: Speculations On The Application Of Gandhi’S Thought To Mcwc V. Nestlé, Nehal A. Patel, Lauren Vella
A Mindful Environmental Jurisprudence?: Speculations On The Application Of Gandhi’S Thought To Mcwc V. Nestlé, Nehal A. Patel, Lauren Vella
Pace Environmental Law Review
We attempt to engage modern legal reasoning with Gandhi’s thought. We hope to speculate on what jurisprudence would look like if it were more mindful of the concepts central to Gandhi’s thought. By using Gandhi as an intellectual anchor, we hope to take a step toward creating a more “mindful jurisprudence” that implicitly incorporates into its reasoning the needs of environmental stewardship, disempowered populations, and the poverty-stricken. Because Gandhi’s thought has been discussed at length in environmental justice campaigns, we begin this effort by examining the relationship between environmental law and Gandhi’s thought. Given Gandhi’s commentaries on exploitative and oppressive …
The Liberal Limits Of Environmental Law: A Green Legal Critique, Michael M'Gonigle, Louise Takeda
The Liberal Limits Of Environmental Law: A Green Legal Critique, Michael M'Gonigle, Louise Takeda
Pace Environmental Law Review
The field of environmental law embodies a deep contradiction—it is a product of the state, yet the state is the primary agent of development. This contradiction infuses state-supported resource regimes (energy, forestry, agriculture, water use) that have long been agents of environmental erosion while they have remained resistant to progressive reform. It also underpins the theoretical framework for proposed reforms today, ecological modernization. The result is that environmental law extends, rather than resolves, society’s underlying environmental “problematic.” This can now be seen in institutional responses to climate change and the “green economy.” To address this situation, the authors apply a …
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
The Unwritten Law And Its Writers, Frederick J. Moreau
The Unwritten Law And Its Writers, Frederick J. Moreau
Pepperdine Law Review
No abstract provided.
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Judges Under Fire - Alj Independence At Issue, Debra Cassens Moss
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow
Contempt Powers Of The Administrative Law Judge, Joyce Krutick Barlow
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges: Past, Present And Future, John Paul Jones
Administrative Law Judges: Past, Present And Future, John Paul Jones
Journal of the National Association of Administrative Law Judiciary
No abstract provided.