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- Juan Pablo Pampillo Baliño (6)
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- Assaf Likhovski (1)
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Articles 1 - 29 of 29
Full-Text Articles in Legal History
International News V Associated Press: A Theme And Variations Over Four Days, Christopher Wadlow
International News V Associated Press: A Theme And Variations Over Four Days, Christopher Wadlow
Christopher Wadlow
A series of four classes at the University of Trier (Germany) for undergraduate law students, using the International News v Associated Press case 248 U.S. 215 (1918) to discuss some principles of unfair competition and copyright law, as well as some more fundamental doctrines from the common law, and American Constitutional law.
John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs
John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs
Stephen E. Sachs
Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the …
La Naturaleza Jurídica Del Distrito Federal. Historia, Actualidad Y Pendientes, Juan Pablo Pampillo Baliño
La Naturaleza Jurídica Del Distrito Federal. Historia, Actualidad Y Pendientes, Juan Pablo Pampillo Baliño
Juan Pablo Pampillo Baliño
No abstract provided.
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Julie Novkov
This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …
Teach Justice, Steve Sheppard
Teach Justice, Steve Sheppard
Steve Sheppard
Law schools must improve their preparation of students to practice law ethically. Current law school curricula focus on preparing students to analyze legal issues but not ethical issues. A curriculum that encourages students to distance themselves from their ethical instincts is dangerous. A value-neutral approach to the law eventually leads to distortions of the law. Lawyers will be left without a proper way to sense the purpose behind the law, and they will instead focus solely on what the law requires or allows. While law schools could choose from limitless lists of moral values to include in their curricula, this …
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
The “Institutional Turn” In Jurisprudence: Critique And Reconstruction., Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a inquiry into the roles that courts play within the legal system, given that judges are interdependent interpreters of legal rules that are boundedly rational and, arguably, politically biased. Contemporary authors claim that, although these two conditions play an important role in interpretation, contemporary theories in jurisprudence have not addressed them properly. Their assessments raise legal issues that are very significant; given the fact that judges are boundedly rational and tend to display political biases, how should they interpret legal rules? Is it best for them to interpret these rules in a formalist fashion, without resorting …
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
The Indeterminate Side Of Constitutions As Precommitment Strategies, Andres Palacios Lleras
Andrés Palacios Lleras
This paper engages in a time-honored inquiry in American jurisprudence, an inquiry which continues to be invigorated by contemporary studies in Constitutional Law. It is an inquiry into the determinacy of the American Constitution as a legal text, taking into account that it was drafted and approved more than two hundred years ago with the purpose, arguably, to organize present and future political decision-making. Some contemporary authors claim that the discussion about the role of the Constitution is muddled, and that to acknowledge its authority does not necessarily entail a theory of constitutional interpretation. Furthermore, other authors have claimed that …
Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz
Droits De L'Homme, Droits Du Citoyen: Les Présupposés De La Jurisprudence Américaine Et Européenne, Gregory Lewkowicz
Gregory Lewkowicz
This paper proposes a comparative analysis of some rulings of the US Supreme Court and of the European Court of Human Rights. Reviewing cases related to international legal problems or using comparative legal reasoning, the paper suggests that the difference of attitudes between the two courts in human rights cases is embedded in the classical opposition between men and citizen.
Legal Process, Sandra Ruffin
Two Horwitzian Journeys, Assaf Likhovski
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …
Правовая Политика Cоветского Государства В Сфере Регулирования Научной Деятельности: Сущность И Нормативное Содержание, Leonid G. Berlyavskiy
Правовая Политика Cоветского Государства В Сфере Регулирования Научной Деятельности: Сущность И Нормативное Содержание, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
The article is devoted to the research of legal policy of the State in the sphere of scientific activity. It is defined as the complex of ideas, problems, purposes, programs, methods, orientations and also political and legal mechanism of regulation of the activity directed on reception and application of new knowledge at a certain stage of historical development of the society and the state. Theoretical approaches are presented on the empirical base of legal policy of the Soviet state in sphere of regulation of scientific activity that after October, 1917 differed considerable specificity
Roman Law Always Dies With A Codification, Tomasz Giaro
Roman Law Always Dies With A Codification, Tomasz Giaro
Tomasz Giaro
No abstract provided.
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Why John Mccain Was A Citizen At Birth, Stephen E. Sachs
Stephen E. Sachs
Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a "natural born Citizen" eligible to be president.
On War As Law And Law As War, Ignacio De La Rasilla Del Moral, Francisco Contreras
On War As Law And Law As War, Ignacio De La Rasilla Del Moral, Francisco Contreras
Ignacio de la Rasilla del Moral, Ph.D.
A locus classicus of international law, the study of the regulation of the legality of the use of force has an unavoidable ring of tragic fanciness about it. War, as acknowledged by David Kennedy in the very first sentence of his book, is indeed ‘a profound topic – like truth, love, death or the divine’. A Pandora's box of multiple distilled intellectual emotions behind which lurk the horrid memories of its survivors, war only truly breathes in the mirrors of the mutilated, in the eyes of the tortured, in the memories of the displaced, in withering flowers over graves crowned, …
La Justicia Constitucional En México. Propuesta De Reformas A Los Artículos 94, 103, 105, 107 Y 116 De La Constitución Política De Los Estados Unidos Mexicanos, Juan Pablo Pampillo
La Justicia Constitucional En México. Propuesta De Reformas A Los Artículos 94, 103, 105, 107 Y 116 De La Constitución Política De Los Estados Unidos Mexicanos, Juan Pablo Pampillo
Juan Pablo Pampillo Baliño
No abstract provided.
La Filosofía De La Historia Del Derecho Y El Futuro De La Tradición Jurídica Occidental, Juan Pablo Pampillo
La Filosofía De La Historia Del Derecho Y El Futuro De La Tradición Jurídica Occidental, Juan Pablo Pampillo
Juan Pablo Pampillo Baliño
No abstract provided.
La Filosofía De La Historia Del Derecho Y El Futuro De La Tradición Jurídica Occidental, Juan Pablo Pampillo
La Filosofía De La Historia Del Derecho Y El Futuro De La Tradición Jurídica Occidental, Juan Pablo Pampillo
Juan Pablo Pampillo Baliño
No abstract provided.
Del Mos Europaeus Al Mos Americanus Iura Legendi. Una Propuesta De Refundación De La Ciencia Nueva Para La Integración Jurídica Americana, Juan Pablo Pampillo
Del Mos Europaeus Al Mos Americanus Iura Legendi. Una Propuesta De Refundación De La Ciencia Nueva Para La Integración Jurídica Americana, Juan Pablo Pampillo
Juan Pablo Pampillo Baliño
No abstract provided.
Del Mos Europaeus Al Mos Americanus Iura Legendi. Una Propuesta De Refundación De La Ciencia Nueva Para La Integración Jurídica Americana, Juan Pablo Pampillo
Del Mos Europaeus Al Mos Americanus Iura Legendi. Una Propuesta De Refundación De La Ciencia Nueva Para La Integración Jurídica Americana, Juan Pablo Pampillo
Juan Pablo Pampillo Baliño
No abstract provided.
The Civil War As A War Of Religion: A Cautionary Tale Of Enslavement And Emancipation, David M. Smolin
The Civil War As A War Of Religion: A Cautionary Tale Of Enslavement And Emancipation, David M. Smolin
David M. Smolin
This article argues that the Civil War was a "war of religion" reflecting differing nineteenth century American Christian views of slavery and race. The article describes the religious anti-slavery and pro-slavery arguments of that time. The article particularly focuses on John Bingham, who as the primary author of Section One of the Fourteenth Amendment, is a particularly important figure for United States constitutional law. The article also discusses the contemporary anti-trafficking movement which explicitly seeks to rely on the precedent of the historical movement to abolish slavery.
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Dave De ruysscher
In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.
Dhimmitude And Disarmament, David B. Kopel
Dhimmitude And Disarmament, David B. Kopel
David B Kopel
Under shari'a law, non-Muslims, known as dhimmi, have been forbidden to possess arms, and to defend themselves from attacks by Muslims. The disarmament is one aspect of the pervasive civil inferiority of non-Muslims, a status known as dhimmitude. This Essay examines the historical effects of the shari'a disarmament, based on three books by Bat Ye'or, the world's leading scholar of dhimmitude. As Ye'or details, the disarmament had catastrophic consequences, extending far beyond the direct loss of the dhimmi's ability to defend themselves. The essay concludes by observing how pretend gun-free zones on college campuses turn the adults there into 21st …
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
The Natural Right Of Self-Defense: Heller's Lesson For The World, David B. Kopel
David B Kopel
The U.S. Supreme Court's decision in District of Columbia v. Heller constitutionalized the right of self-defense, and described self-defense as a natural, inherent right. Analysis of natural law in Heller shows why Justice Stevens' dissent is clearly incorrect, and illuminates a crucial weakness in Justice Breyer's dissent. The constitutional recognition of the natural law right of self-defense has important implications for American law, and for foreign and international law.
Lawsuits In Context, Ernest Metzger
Lawsuits In Context, Ernest Metzger
Ernest Metzger
The study of Roman procedure has benefited enormously from the discovery of wooden tablets near Pompeii. Unfortunately, the tablets are sometimes misinterpreted, for the simple reason that the procedures they describe do not always match the procedures which more familiar sources have led us to believe existed. The tablets, in fact, give us the rare opportunity to revise our understanding of procedure, particularly when taken together with another remarkable find, the lex Irnitana. This article gives a sketch of the ‘new’ Roman civil procedure now available to us as a result of these exciting finds.
In: J. W. Cairns and …
Fractured Bonds: Policing Whiteness And Womanhood Through Race-Based Marriage Annulments, Bela August Walker
Fractured Bonds: Policing Whiteness And Womanhood Through Race-Based Marriage Annulments, Bela August Walker
Bela August Walker
In the hundred years before the United States Supreme Court declared miscegenation statutes unconstitutional in Loving v. Virginia, state courts decided thirteen recorded race-based annulment cases. This article presents a unified analysis of all race based annulment cases for the first time. Simultaneously public and private affairs, these dramas impacted far more than the individual couples or courtrooms, sending out shockwaves that reverberated beyond their points of origin. The results of the cases are startling and contrary to previous work on the subject. Using this unique set of cases, this article argues that while declaring these women “white” appears like …
Liability For Terrorism In American Courts: Aiding-And-Abetting Liability Under The Fsia State-Sponsor Of Terrorism Exception And The Alien Tort Statute, Chad G. Marzen
Chad G. Marzen
The issue of liability for terrorism and supporting terrorism in American domestic courts is one of the most active issues of current judicial decisionmaking in the area of foreign affairs. Through the state-sponsored terrorism exception to the Foreign Sovereign Immunities Act and the Alien Tort Statute, liability extends to foreign governments (in the FSIA context) and to foreign governments, nonstate actors, or nonstate actors acting under color of law (under the ATS) when they provide support to terrorist activities.
In an October 2007 decision, the Second Circuit Court of Appeals in the Khulumani case held that a defendant is liable …
A Whale Of A Tale: Post-Colonialism, Critical Theory, And Deconstruction: Revisiting The International Convention For The Regulation Of Whaling Through A Socio-Legal Persepctive, Nick J. Sciullo
Nick J. Sciullo
This article is a critical interpretation of the indigenous whaling debate, which, although often discussed in legal academia, has received only passing critical attention. As a scholar in the critical theory/critical legal studies model, I am primarily concerned with the impact that law and debates about law have on divergent groups (racial, ethnic, gender, etc.). This article develops a criticism of the United States's postcolonial opposition to whaling, arguing, instead, for cultural relativism. The article indicts U.S. imperialism, and treatment of indigenous peoples, arguing for interdisciplinary analysis and a more keen appreciation for the voice of indigenous peoples. As I …
Punishment, Invalidation, And Nonvalidation: What H.L.A. Hart Did Not Explain, Richard Stith
Punishment, Invalidation, And Nonvalidation: What H.L.A. Hart Did Not Explain, Richard Stith
Richard Stith
Elaborating first upon H. L. A. Hart's distinction between imposing duties and imposing disabilities, this article explores the two senses mentioned (but not fully explained) by Hart in which power-holders may be legally disabled. Legal invalidation (nullification) of norms that have been generated by vulnerable power-holders is seen to reduce diversity or pluralism in every normative sphere, from the supranational to the intrafamilial. By contrast, mere legal nonvalidation (noncognizance) of such norms tends to preserve the autonomy of the power-holders that created the norms, thus enhancing legal pluralism. Punishment for creating forbidden norms amounts in principle to an in-between sort …