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Articles 31 - 54 of 54
Full-Text Articles in Legal History
Joe Stell's Life, Career, & Contributions, Susan Kelly
Joe Stell's Life, Career, & Contributions, Susan Kelly
Water Matters!
Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Michigan Journal of International Law
In this Note, the author examines the process of international human rights norm internalization into areas traditionally governed exclusively by customary law, and the resulting evolution of customary law. Assuming, arguendo, that customary law is to be modified, I argue that a societal norm internalization approach is the most effective means to bring customary law into conformity with international human rights law. After a brief discussion of the fieldwork on which I rely, this Note describes the historical influence of colonialism on the development of customary law in Africa, with a particular focus on the repugnancy clauses of the …
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Michigan Journal of Gender & Law
This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.
Please Don't Feed The Homeless: Pottinger Revisited , Shirley D. Howell
Please Don't Feed The Homeless: Pottinger Revisited , Shirley D. Howell
The Modern American
No abstract provided.
The Rubric Of Force: Employment Discrimination In The Context Of Subtle Biases And Judicial Hostility, Anand Swaminathan
The Rubric Of Force: Employment Discrimination In The Context Of Subtle Biases And Judicial Hostility, Anand Swaminathan
The Modern American
No abstract provided.
We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz
We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz
Michigan Journal of Race and Law
According to modern Supreme Court opinions, The Civil Rights Act of 1866 prohibits only "discrimination [against members of protected groups] solely because of their ancestry or ethnic characteristics." The Court refers to this type of discrimination as 'racial animus.' In the 1987 case Shaare Tefila Congregation v. CobbJews were recognized as a protected ethnic group under these statutes, but the Supreme Court also reaffirmed that The Civil Rights Act only prohibits 'ethnic' or 'ancestral' discrimination. The Act does not encompass religious discrimination. Yet, despite the Supreme Court's rulings, the district courts held that both Rabbi LeBlanc-Sternberg's and Mr. Singers' allegations …
A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendants, S. Alan Ray
A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendants, S. Alan Ray
Michigan Journal of Race and Law
This Article examines the Cherokee Freedmen controversy to assess whether law and biology can function as sufficient models for crafting Cherokee identity at this crucial moment in the tribe's history. The author will argue that while law and biology are historically powerful frames for establishing tribal self-identity, they are inadequate to the task of determining who should enjoy national citizenship. The wise use of sovereignty, the author suggests, lies in creating a process of sustained dialogical engagement among all stakeholders in the definition of Cherokee citizenship on the question of Cherokee identity. This dialogue should ideally have been undertaken before …
In Re Simone D., Erin E. Martin
Ireland 1880-2005: A Constitutional Perspective, Sir David Williams
Ireland 1880-2005: A Constitutional Perspective, Sir David Williams
University of Richmond Law Review
No abstract provided.
Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii
Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii
Villanova Law Review
No abstract provided.
Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore
Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore
UIC Law Review
No abstract provided.
Duty To Fill? Threats To Pharmacists’ Professional And Business Discretion, Erica L. Norey
Duty To Fill? Threats To Pharmacists’ Professional And Business Discretion, Erica L. Norey
NYLS Law Review
No abstract provided.
Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian
Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian
Indiana Law Journal
No abstract provided.
Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi
Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi
University of Richmond Law Review
This article hopes to accomplish three things. First, it will revisit the historical origins of the doctrine of promissory estoppel in the American law of contracts and the role that Samuel Williston, the Chief Reporter of the Restatement (First) of Contracts ("First Restatement") played in the evolution of the doctrine. The dominant theory is that Williston conceptualized the new promissory estoppel doctrine in a way that retarded and blunted the doctrine shortly after its birth. This theory is adhered to by both critics and proponents of the expansion of promissory estoppel as a ground of promissory obligation. According to both …
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
UIC Law Review
No abstract provided.
Why The Supreme Court Lied In Plessy, David S. Bogen
Why The Supreme Court Lied In Plessy, David S. Bogen
Villanova Law Review
No abstract provided.
Revealing Zion's Daughters: Women In Puritan Jurisprudence, Brett Jackson
Revealing Zion's Daughters: Women In Puritan Jurisprudence, Brett Jackson
The Gettysburg Historical Journal
The legal status of American women has consistently been portrayed as a linear progression flowing from a colonial jurisprudential repression and exclusion to a modern-day legal equity and a female influence within every aspect of justice. In this narrative of sequentially gained status, seventeenth-century Puritan law has stood as the exemplar of America’s most repressive jurisprudential treatment of women. However, when its characteristics are triangulated and its subordination of women is juxtaposed with its inclusion of a female voice, a new conception of America’s first legal system is seen. The notion of a linear progression is thus replaced with an …
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Fordham Urban Law Journal
This Comment examines the conflicting demands on American courts to safeguard the will of the legislature, ensure the protection of the minority, and resolve particular disputes and redress particular injuries. The manner and scope in which a court theorizes is critical as it binds future courts and litigants to its decisions. Professor Cass Sunstein proposes a jurisprudence of minimalism and supports theoretical modesty in the form of the "incompletely theorized agreement", the notion that individuals can agree on less theorized principles to resolve cases at hand without resorting to high-level theoretical pronouncements. This Comment addresses Sunstein's minimalist regime within the …
Charles Reich’S Journey From The Yale Law Journal To The New York Times Bestseller List: The Personal History Of The Greening Of America, Rodger D. Citron
Charles Reich’S Journey From The Yale Law Journal To The New York Times Bestseller List: The Personal History Of The Greening Of America, Rodger D. Citron
NYLS Law Review
No abstract provided.
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson
NYLS Law Review
No abstract provided.
People V. Campbell, Winston Richmond Brownlow
The Folklore Of Legal Biography, Mark Fenster
The Folklore Of Legal Biography, Mark Fenster
Michigan Law Review
Spencer Weber Waller's Thurman Arnold: A Biography faces the problem of making this life stand out, and this Review seeks both to evaluate his rendering-which it does in Part II, after providing more details of the raw materials of Arnold's life in Part I-and to use Arnold's ideas to reflect on the endeavor of the legal biography. Although other works bearing on Arnold's life have been available,' Waller's competent, readable chronicle will provide an authoritative source of information and satisfy the desires of general readers interested in accomplished legal lives and seeking a straightforward account of Arnold's career. But Waller's …
The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt
The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt
UIC Law Review
No abstract provided.
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
UIC Law Review
No abstract provided.