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Articles 1 - 25 of 25
Full-Text Articles in Legal History
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Colpa E Legge Fra Oriente E Occidente, Pier Giuseppe Monateri
Pier Giuseppe Monateri
The Fault and the Law between East and West. In this article Monateri traces an unpreviewed parallel between two absolutely western paradigms and two remarkably chinese thoughts. First a parallel between Carl Schmitt and Xun Zi when the latter writes that “The superior man is the source of the Law” Secondo economic analysis and Lao Zi theory of law a san emerging order not a predetermined one.
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson
The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson
University of Richmond Law Review
No abstract provided.
South East Europe's Electricity Sector: Attractions, Obstacles And Challenges Of Europeanisation, Laura Deitz, Lindsay J. Stirton, Kathryn Wright
South East Europe's Electricity Sector: Attractions, Obstacles And Challenges Of Europeanisation, Laura Deitz, Lindsay J. Stirton, Kathryn Wright
Lindsay J Stirton Ph.D.
The Energy Community is a bold experiment in integration, creating a regional energy market between the European Union and nine South East European partners – Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Montenegro, the Former Yugoslav Republic of Macedonia, Romania, Serbia and the United Nations Mission on behalf of Kosovo. This paper examines the challenges posed by the application of the EU model of energy regulation and the acquis communautaire, and the ability of States to meet those challenges. An investigation of governance in the countries of South East Europe (SEE), including analysis based on the World Bank's Worldwide Governance Indicators, suggests a …
Beyond The "Inherited Model": Public Service Bargains In The Commonwealth Caribbean, Lindsay J. Stirton Ph.D., Martin C. Lodge Phd
Beyond The "Inherited Model": Public Service Bargains In The Commonwealth Caribbean, Lindsay J. Stirton Ph.D., Martin C. Lodge Phd
Lindsay J Stirton Ph.D.
No abstract provided.
Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich
Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
It is accepted that the institution of marriage is more than economic benefits. The availability of marriage to same sex couples in eight western democratic jurisdictions exerts pressure on courts to consider the substance and ethical dimension of marriage across borders. This paper analyses the legal and ethical problems that exclusion of same sex couples from marriage generates in relation to equality and individual freedoms in a democratic society. The paper focuses on the particular case of overseas same sex married couples that seek to immigrate to England. Part I analyses the legal recognition of overseas same sex marriages under …
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Edsel F Tupaz
This Article addresses the question of constitutional design in young and transitional democracies. It argues for the adoption of a “weak” form of judicial review, as opposed to “strong” review which typifies much of contemporary adjudication. It briefly describes how the dialogical strain of deliberative democratic theory might well constitute the normative predicate for systems of weak review. In doing so, the Article draws from various judicial practices, from European supranational tribunals to Canadian courts and even Indian jurisprudence. The Article concludes with the suggestion that no judicial apparatus other than the weak structure of judicial review can better incite …
The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee
The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee
College of Law - Faculty Scholarship
Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue …
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Seattle University Law Review
Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.
Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah
Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah
UIC Law Review
No abstract provided.
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
UIC Law Review
No abstract provided.
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
UIC Law Review
No abstract provided.
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Seattle University Law Review
This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …
A Rhetorician's View Of Religious Speech In Civic Argument, Jack L. Sammors
A Rhetorician's View Of Religious Speech In Civic Argument, Jack L. Sammors
Seattle University Law Review
I first examine and reject liberal political methods of addressing the question of religious speech in civic argument, all of which depend upon norms external to the argument that are then excluded from it. Next, in proposing a method that relies only upon the constitutive norms of civic argument itself, I offer a description of civic argument as rhetoric, examine the risks of religious rhetoric in this civic argument, and examine the constitutive norms of civic argument. I address whether the constitutive norms of civic argument are sufficient restraints upon religious rhetoric such that reliance upon external norms is not …
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
Seattle University Law Review
This paper begins with a comparison of two texts: Alain Badiou's Saint Paul: The Foundation of Universalism and Giorgio Agamben's The Time that Remains: A Commentary on the Letter to the Romans. In Parts III and IV, I will summarize in very broad terms the details of Badiou's and Agamben's respective appropriations of Paul. Within each of these Parts, I will speak a little bit about the implications of these various claims for contemporary legal theory-- at least as I understand it, and I am no expert. Finally, in Part V, I will discuss briefly an alternative reading of Paul, …
Voices Saved From Vanishing, Vivian Grosswald Curran
Voices Saved From Vanishing, Vivian Grosswald Curran
Articles
Jurists Uprooted: German-speaking Émigré Lawyers in Twentieth-century Britain examines the lives of eighteen émigré lawyers and legal scholars who made their way to the United Kingdom, almost all to escape Nazism, and analyzes their impact on the development of English law.
A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings
A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings
UIC Law Review
No abstract provided.
The Politics Of Administrative Law: New York's Anti-Bureaucracy Clause And The O'Brian-Wagner Campaign Of 1938, Daniel R. Ernst
The Politics Of Administrative Law: New York's Anti-Bureaucracy Clause And The O'Brian-Wagner Campaign Of 1938, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
The controversy over administrative law in New York in 1938 was a decisive moment in the emergence of procedural Diceyism in the United States. On a stage crowded with partisan and legal performers, the politics of administrative law played out in two acts. In the first, the state's trial lawyers mounted a campaign to heighten judicial review of the state's administrative agencies. Their efforts culminated in the adoption of the anti-bureaucracy clause at the state constitutional convention when regular factions in the state's two major parties decided it would serve their purposes. New Yorkers rejected the measure after liberal politicians …
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
A New E.R.A. Or A New Era? Amendment Advocacy And The Reconstitution Of Feminism, Serena Mayeri
All Faculty Scholarship
Scholars have largely treated the reintroduction of the Equal Rights Amendment (ERA) after its ratification failure in 1982 as a mere postscript to a long, hard-fought, and ultimately unsuccessful campaign to enshrine women’s legal equality in the federal constitution. This Article argues that “ERA II” was instead an important turning point in the history of legal feminism and of constitutional amendment advocacy. Whereas ERA I had once attracted broad bipartisan support, ERA II was a partisan political weapon exploited by advocates at both ends of the ideological spectrum. But ERA II also became a vehicle for feminist reinvention. Congressional consideration …
H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis
H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis
Journal Articles
This essay offers first a sketch (by a student and colleague) of H.L.A. Hart's life; second an account of the political philosophy which he explicitly articulated in The Concept of Law (1961), and of its relation to the main currents of Oxford political philosophy in the 1950s; and thirdly an exposition and critical assessment of the normative political theory deployed, to widespread acclaim, in his Law, Liberty & Morality (1963).
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Contesting Justice: Women, Islam, Law, And Society, Ahmed Souaiaia
Ahmed E SOUAIAIA
No abstract provided.
A Commentary On The Old Saw That Same-Sex Marriage Threatens Civilization, Ronald L. Steiner
A Commentary On The Old Saw That Same-Sex Marriage Threatens Civilization, Ronald L. Steiner
Ronald L. Steiner
Discussions of same-sex marriage frequently entertain the notion that civilization is somehow at stake were a society to award legal sanction to it, and to gay rights more generally. Typically, those who express concern for negative civilizational consequences have in mind Western civilization, and more specifically Christian civilization. This civilizational concern will often be amplified by the implication that opposite-sex, or opposite-sex monogamous marriage is a timeless human universal. Any other marital regime is presumed to be an aberration, most likely the result of grave moral depravity of a sort supposedly facilitated by the modern rights-based society. This chapter subjects …
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan
Donald J. Kochan
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …