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Articles 1 - 30 of 110
Full-Text Articles in Legal History
The Oral History Of Kenny Epstein, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
The Oral History Of Kenny Epstein, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
UNLV Gaming Law Journal
Kenny Epstein has spent a lifetime working in the gaming industry. Beginning in 1966 at the newly opened Caesars Palace as a Baccarat shift boss, Epstein eventually purchased a stake in Jackie Gaughan’s El Cortez Hotel and Casino in the mid-seventies. Partnering with Gaughan and his son Michael, he helped build the Barbary Coast, Gold Coast, Orleans, and Suncoast. In 2007, Epstein purchased the El Cortez and continues to work as the casino’s chief executive officer today.
The Oral History Of Jan Jones Blackhurst, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
The Oral History Of Jan Jones Blackhurst, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
UNLV Gaming Law Journal
Jan Jones Blackhurst served as thefirst female mayorof Las Vegasfrom 1991 to 1999. Following her second term as mayor, she joined Caesars Entertainment, where she created the casino industry’s first regulatory practices for problem gaming. Today, Jones Blackhurst continues to make a lasting impact on Las Vegas and itsgaming industry as Caesar Entertainment’s Executive Vice President of Public Policy and Corporate Responsibility
The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
The Oral History Of A.J. "Bud" Hicks, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
UNLV Gaming Law Journal
A.J. “Bud”Hicks is known to be one of Nevada’s most experienced gaming law practitioners. He formerly served as the Chief Deputy Attorney General, representing the Nevada Gaming Control Board and the Nevada Gaming Commission. Today, Hicks continues to practice gaming law, working with clients that include publicly traded gaming companies, lenders of gaming operators, and others who seek to enter the gaming industry.
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Brooklyn Journal of Corporate, Financial & Commercial Law
How to tax interstate online purchases is a frequently debated and contentious topic in the business and tax arena. There are numerous parties affected when a transaction occurs and each affected party would like a taxation policy that benefits its own economic interests, without regard for others. Neither the legislative nor the judicial branch has successfully resolved this e-commerce taxation issue. With the growing need for tax revenue, it is prudent for Congress to finally resolve this circuit split and agree on a unifying Online Sales Tax Law. As opposed to the vast majority of proposals pending in Congress, this …
Promesa And The Bankruptcy Clause: A Reminder About Uniformity, Stephen J. Lubben
Promesa And The Bankruptcy Clause: A Reminder About Uniformity, Stephen J. Lubben
Brooklyn Journal of Corporate, Financial & Commercial Law
The Bankruptcy Clause—Article I, Section 8, Clause 4—provides that “The Congress shall have power . . . [t]o establish . . . uniform Laws on the subject of Bankruptcies throughout the United States . . . .”[1] But Congress has just enacted a bankruptcy law that applies to a single American territory. In early May 2017, Puerto Rico and one affiliated entity filed a petition under this new law. In late May, the Employees Retirement System commenced a case, along with the Puerto Rico Highway and Transportation Authority. Other Puerto Rican sub-entities are expected to follow. I use this short …
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Decision-Making And The Shaky Property Foundations Of Municipal Bankruptcy Law, Juliet M. Moringiello
Brooklyn Journal of Corporate, Financial & Commercial Law
Municipal bankruptcies are unpredictable. There are several reasons for this statement— municipal bankruptcies are rare, involvement of the state itself in the process varies according to the governing state law, and chapter 9, the Bankruptcy Code chapter governing the municipal bankruptcy process, has many gaps. Congress constructed the modern chapter 9 on a foundation of corporate bankruptcy law, a foundation whose roots—corporate finance—are significantly different from the rules governing municipal finance. In this Article, Professor Moringiello aims a spotlight on the property roots of private bankruptcy law and compares them to the promissory and statutory roots of municipal finance law …
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Towards A Jurisprudence Of Public Law Bankruptcy Judging, Edward J. Janger
Brooklyn Journal of Corporate, Financial & Commercial Law
In this essay Professor Janger considers the role of bankruptcy judges in Chapter 9 cases in light of the scholarly literature on public law judging. He explores the extent to which bankruptcy judges engaged in the fiscal restructuring of a municipality use tools, and face constraints, similar to those utilized by federal district court judges in structural reform cases, where constitutional norms are at issue.
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
A New Deal Approach To Statutory Interpretation: Selected Cases Authored By Justice Robert Jackson, Charles Patrick Thomas
Journal of Legislation
No abstract provided.
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable
The University of Notre Dame Australia Law Review
No abstract provided.
Break From Tradition: Questioning The Primacy Of Self-Regulation In American Securities Law, John I. Sanders
Break From Tradition: Questioning The Primacy Of Self-Regulation In American Securities Law, John I. Sanders
Michigan Business & Entrepreneurial Law Review
This Comment outlines the circular path of American securities law—one that begins and ends with the primacy of self-regulation. Part I of this paper describes American securities law between 1792 and 1911 (the “Buttonwood Era”). In this era, a group of New York stock brokers utilized private contract law to create securities regulation for their private club, thereby establishing a tradition of self-regulation. Part II describes a short period of history in which individual states attempted to regulate the se-curities market through state statutes, the so-called “Blue Sky Laws.” Part III details the creation of the federal securities law regime …
International Law And Contemporary Slavery: The Long View, Rebecca J. Scott
International Law And Contemporary Slavery: The Long View, Rebecca J. Scott
Michigan Journal of International Law
The three essays in this special issue come together to confirm the value of exploring varying domestic expressions of and adaptations to international legal ideals. In each polity, lawmakers have viewed the terms “slavery” and “slave labor” in part through a domestic historical lens, and have drafted (or failed to draft) legislation accordingly. The United States inherited core concepts dating back to the moment of abolition of chattel slavery, and thus initially built its prohibitions of modern slavery on nineteenth-century rights guarantees and anti-peonage statutes, later reinforced by modern concepts of human trafficking. Having just emerged from a long dictatorship, …
Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro
Looking Backward To Address The Future? Transitional Justice, Rising Crime And Nation Building, James L. Cavallaro
Maine Law Review
This is not an Article about the Nazi regime’s war on crime, nor does it analyze the possible lawlessness of the Weimar Republic. It does, however, consider the role of crime in transitional states. As such, the observation above is relevant to the issues examined in the pages that follow. Crime and the manipulation of the fear it promotes were essential to the rise of Nazism, the fall of the Weimar Republic, and the historical record of both regimes. I contend that we must recognize the vital role of street crime in the stability and instability of newly democratic and …
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
The Legal Architecture Of Nation-Building: An Introduction, Charles H. Norchi
Maine Law Review
In the future, a historian studying the early twenty-first century will observe a trend: numerous lawyers applying their skill sets to the problems of pathological states. Our future historian will note that the topography of the post-Cold War international system was marked by weakly-governed states failing. Fragile states eroded, frayed, and disintegrated under stress, and their internal social processes became highly susceptible to external forces. Powerful non-state actors, including private armies, operated within the porous boundaries of entities that were once functioning polities. Legal authority became divorced from political control as non-state actors wielded naked power, challenging formal state structures …
Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman
Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman
Maine Law Review
I work in a law school building that is named for Jane M.G. Foster, who donated the money for its construction. It’s a lovely building, and my office overlooks a gorge so that I can hear the water fall as I write. So I’m grateful to Jane Foster. And curious. Who was she? Jane Foster graduated from Cornell Law School in 1918, having served as an editor of the law review and being elected to the Order of the Coif. But no law firm wanted her services. She obtained employment not as a lawyer but as a legal assistant in …
Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie
Gangs And The Culture Of Violence In El Salvador (What Role Did The Us Play?), Norma Roumie
The Great Lakes Journal of Undergraduate History
Gang violence in El Salvador has resulted in conditions that have perpetuated an environment of terror and culture of violence. This paper aims to understand the emergence of transnational gangs in El Salvador and the US involvement in this process. The article is divided into the following subtitles; 1980s civil war and the repercussions of US involvement, Salvadorans migration to the US and reverse migration (with a focus on Los Angeles and San Salvador), and US exportation of heavy-handed policies to El Salvador’s institutionalized use of political violence. The paper concludes that US involvement in El Salvador created a foundation …
Rediscovering Senator Edmund Muskie, Kermit V. Lipez
Rediscovering Senator Edmund Muskie, Kermit V. Lipez
Maine Law Review
I wish to begin my remarks by congratulating the Maine Law Review for sponsoring this important symposium on the legislative achievements of Senator Muskie. It is a well-deserved tribute during this 100th anniversary year of his birth. I also want to thank the Law Review for inviting me to give the opening remarks for the Symposium. It is a privilege to do so, and to speak in the presence of former Secretary of State Madeline Albright. We are all honored by her presence. I must acknowledge, however, that it is a daunting task to present these remarks in the presence …
Textualism And The Problem Of Scrivener's Error, John David Ohlendorf
Textualism And The Problem Of Scrivener's Error, John David Ohlendorf
Maine Law Review
Scrivener’s errors make easy prey for the gentle comedy of the bench and bar, much in the way that typographical errors in billboards, newspaper headlines, and church bulletins form an endless source of humor for late night talk show hosts. But theorists of legal interpretation have long seen that scrivener’s errors pose a more serious problem. The doctrine surrounding scrivener’s error stands considered as something of a cousin to the absurdity doctrine, which has roots extending to the earliest days of the American Republic. More recently, the post-legal-process revival of formalist approaches to statutory interpretation on the bench, and their …
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Law In Books And Law In Action: The Problem Of Legal Change, Jean-Louis Halperin
Maine Law Review
One hundred years ago, Roscoe Pound wrote his famous article, “Law in Books and Law in Action.” Considered an important step toward American legal realism, today this article is invoked more for its title than its content. I would argue that in the article, Pound did not clearly distinguish between two separate situations: (1) the departure of decisions of courts from statements of statutory (or constitutional) law, and (2) the discrepancy between doctrine in books and empirical data about law. This second observation has fed various strands of jurisprudence, if often only through the repetition of the well-quoted formula. It …
Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich
Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.
Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim
Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim
Dickinson Law Review (2017-Present)
No abstract provided.
Baccalaureate Address Delivered By Charles B. Lore, Ll.D., Chief Justice Of The Delaware Supreme Court, Charles B. Lore
Baccalaureate Address Delivered By Charles B. Lore, Ll.D., Chief Justice Of The Delaware Supreme Court, Charles B. Lore
Dickinson Law Review (2017-Present)
No abstract provided.
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
Uniform Commercial Acts, Samuel Williston
Uniform Commercial Acts, Samuel Williston
Dickinson Law Review (2017-Present)
No abstract provided.
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Dickinson Law Review (2017-Present)
No abstract provided.
The Uniform Commercial Acts, J.P. Mckeehan
The Uniform Commercial Acts, J.P. Mckeehan
Dickinson Law Review (2017-Present)
The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Dickinson Law Review (2017-Present)
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Dickinson Law Review (2017-Present)
No abstract provided.