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Articles 1 - 5 of 5
Full-Text Articles in Legal History
Latin American Legal History: Some Essential Spanish Terms, M C. Mirow
Latin American Legal History: Some Essential Spanish Terms, M C. Mirow
Faculty Publications
Terms related to Latin American legal history translated into English.
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches
Publications
No abstract provided.
Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran
Competing Frameworks For Assessing Contemporary Holocaust-Era Claims, Vivian Grosswald Curran
Articles
There are many angles from which to perceive the contemporary holocaust-era claims. In 1997, Time magazine quoted Elie Wiesel as saying that, [i]f all the money in all the Swiss banks were turned over, it would not bring back the life of one Jewish child. But the money is a symbol. It is part of the story. If you suppress any part of the story, it comes back later, with force and violence.
Wiesel touches on two perspectives: first, what has been described as litigating the holocaust, with all that that implies about the law's questionable capacity to adjudicate issues …
Curtailing Tax Treaty Overrides: A Call To Action, Anthony C. Infanti
Curtailing Tax Treaty Overrides: A Call To Action, Anthony C. Infanti
Articles
During the past 25 years, Congress has with increasing frequency enacted legislation that is intended to override inconsistent provisions in U.S. tax treaties. These legislative overrides are harmful, and have been decried by our treaty partners, members of the executive branch, and commentators.
Until now, commentators have generally devoted themselves to describing and deploring legislative overrides of tax treaties, and have done no more than repeatedly call on Congress to cease enacting such legislation. Congress has ignored these pleas, and has continued to enact legislative overrides with impunity.
Given this background, the essay calls on commentators to cease pleading with …
Alice In Legal Wonderland: A Cross-Examination Of Gender, Race And Empire In Victorian Law And Literature, Kristin (Brandser) Kalsem
Alice In Legal Wonderland: A Cross-Examination Of Gender, Race And Empire In Victorian Law And Literature, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
Lewis Carroll's 1865 scene of a recalcitrant Alice in the courtroom, defying the court's authority as she grows (literally) into a large and threatening presence, dramatizes what was becoming an increasingly common Victorian spectacle: a woman questioning and critiquing the law and claiming a place for herself within its institutions. Women have played a significant (but much overlooked) role in legal history and, in this paper, I argue for the importance of examining various narratives of the past (including literary accounts) that explored women's relationship to the law.
Against the backdrop of several legal cases in which women sought entry …