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Articles 1 - 6 of 6
Full-Text Articles in Legal History
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Critical Tax Theory: An Introduction, Anthony C. Infanti, Bridget J. Crawford
Book Chapters
Our book Critical Tax Theory: An Introduction (Cambridge University Press 2009) highlights and explains the major themes and methodologies of a group of scholars who challenge the traditional claim that tax law is neutral and unbiased. The contributors to this volume include pioneers in the field of critical tax theory, as well as key thinkers who have sustained and expanded the investigation into why the tax laws are the way they are and what impact tax laws have on historically disempowered groups. This volume will provide an accessible introduction to this new and growing body of scholarship. It will be …
The Pace Of International Criminal Justice, Jean Galbraith
The Pace Of International Criminal Justice, Jean Galbraith
All Faculty Scholarship
This article examines how long international criminal cases take in practice. It considers the cases of all 305 individuals charged at six international and hybrid criminal tribunals (as of shortly before this article's publication). Contrary to the conventional wisdom, on average today’s international criminal cases do not take much longer than comparably complex domestic criminal cases, once the defendants are in custody. Nonetheless, international criminal cases may take too long to achieve the goal of helping to reconcile the affected communities – particularly where a community has abruptly transitioned from an abusive old regime to an entirely new one. Where …
Originalism Is Bunk, Mitchell N. Berman
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 …
"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra
"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra
Articles by Maurer Faculty
A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform struggles …
Matters Of Faith And Conscience: A Turning Point In The Taking Of Oaths In Canada, David H. Michels
Matters Of Faith And Conscience: A Turning Point In The Taking Of Oaths In Canada, David H. Michels
Articles, Book Chapters, & Popular Press
The global expansion of the British Empire brought to its colonies British legal traditions. Non-British peoples and cultures had to adapt to these imposed legal traditions, but also left their own indelible marks of change. Following years of immigration in Canada, change was necessitated across the social order to accommodate new faiths and cultural practices of non-British origin. One example involved the taking of court oaths, a practice that in the British legal tradition traces its roots to the Protestant Christian faith. Focusing on the example of court oaths, we argue that as immigration surged at the turn of the …