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Articles 1 - 30 of 75
Full-Text Articles in Legal History
Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly
Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly
University of Richmond Law Review
No abstract provided.
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
University of Richmond Law Review
This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors' conclusions.
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen
The Dictionary Is Not A Fortress: Definitional Fallacies And A Corpus-Based Approach To Plain Meaning, Stephen C. Mouritsen
BYU Law Review
No abstract provided.
Abraham Lincoln As A Legal Writer, Judith D. Fischer
Abraham Lincoln As A Legal Writer, Judith D. Fischer
Nevada Law Journal
No abstract provided.
Long Overdue: A Reappraisal Of Section 121 Of The Constitution Act, 1867, Ian A. Blue
Long Overdue: A Reappraisal Of Section 121 Of The Constitution Act, 1867, Ian A. Blue
Dalhousie Law Journal
This article offers a new interpretation of s. 121 of the Constitution Act, 1867. The author re-evaluates the traditional interpretation of s. 121, found in Gold Seal Limited v. The Attorney General of the Province of Alberta. That interpretation limited the application of s. 121 to prohibiting interprovincial "customs duties" but nothing else. The author analyzes s. 121 using a purposive approach. After reviewing the provision's wording, legislative history, legislative context and its place within the scheme of the Act, the article concludes that a purposive and progressive interpretation leads to a more robust role for s. 121. Thus interpreted, …
The Limits Of Presidential Recess Appointment Power, Michael Mcnerney
The Limits Of Presidential Recess Appointment Power, Michael Mcnerney
Legislation and Policy Brief
The purpose of this article is to examine the constitutional, legislative, and traditional authority of the President to make recess appointments. The second section discusses the background of the current debate by framing the issue in the context of recent controversial appointments. The third section examines the constitutional language and common law interpretation of the President’s authority. The fourth section looks at appointment power legislation passed by Congress. The fifth section provides parliamentary and legislative recommendations for Congress to act upon to keep its authority. The article concludes by providing a final examination of the reason for a limited presidential …
Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson
Commerce In The Commerce Clause: A Response To Jack Balkin, Robert G. Natelson
Michigan Law Review First Impressions
The Constitution's original meaning is its meaning to those ratifying the document during a discrete time period: from its adoption by the Constitutional Convention in late 1787 until Rhode Island's ratification on May 29, 1790. Reconstructing it requires historical skills, including a comprehensive approach to sources. Jack Balkin's article Commerce fails to consider the full range of evidence and thereby attributes to the Constitution's Commerce Clause a scope that virtually no one in the Founding Era believed it had.
Taking The Long View, Nancy Bellhouse May
Taking The Long View, Nancy Bellhouse May
The Journal of Appellate Practice and Process
No abstract provided.
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
Law Versus Ideology: The Supreme Court And The Use Of Legislative History, David S. Law, David Zaring
William & Mary Law Review
Much of the social science literature on judicial behavior has focused on the impact of ideology on how judges vote. For the most part, however, legal scholars have been reluctant to embrace empirical scholarship that fails to address the impact of legal constraints and the means by which judges reason their way to particular outcomes. This Article attempts to integrate and address the concerns of both audiences by way of an empirical examination of the Supreme Court’s use of a particular interpretive technique— namely, the use of legislative history to determine the purpose and meaning of a statute. We analyzed …
The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra
The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra
Michigan Law Review
This Review proceeds in four parts, paralleling the chronological organization of War and Taxes. It focuses mainly on the book's analysis of the leading modern American wars, from the Civil War through the global conflicts of the twentieth century, up to the recent war on terror. Part I contrasts the tax policies of the Union and Confederacy during the Civil War to show how the Lincoln Administration was able to overcome Yankee resistance to wartime tax hikes to wage a war against a Southern Confederacy that resolutely resisted any type of centralized taxation until, of course, it was too late. …
Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen
Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen
University of Richmond Law Review
This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.
Justice As Play, Jack L. Sammons
Justice As Play, Jack L. Sammons
Mercer Law Review
I am interested here in using Johannes Huizinga's work on play, Homo Ludens, to explore a strange, yet civilizing, phenomenon. Why do we take those social disputes in our ordinary lives that often seem most serious and therefore most divisive, turn them over to playful participants in a legal game, and then choose, more or less, to call the outcome of this game justice and to trust it as such even to the point of preferring it to the political? Why, that is, do we think that it is justice that arises from this play?
This inquiry is not …
Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan
Watergate, Judge Sirica, And The Rule Of Law, Anthony J. Gaughan
McGeorge Law Review
No abstract provided.
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Land Use And Water Supply, Susan Kelly, Joanne Hilton
Water Matters!
As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Wartime Prejudice Against Persons Of Italian Descent: Does The Civil Liberties Act Of 1988 Violate Equal Protection?, Joseph C. Mauro
Michigan Journal of Race and Law
Most people know that the United States interned persons of Japanese descent during World War II. Few people know, however, that the government interned persons of German and Italian descent as well. In fact, the internment was part of a larger national security program, in which the government classified non-citizens of all three ethnicities as "enemy aliens" and subjected then to numerous restrictions, including arrest, internment, expulsion from certain areas, curfews, identification cards, loss of employment, and restrictions on travel and property. Four decades after the war, Congress decided to compensate persons of Japanese descent who had been "deprived of …
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Michigan Journal of Gender & Law
Our panel will be discussing recent developments in the intersex and transsexual communities. The transsexual community began to organize in the 1970s, but did not fully develop into a vibrant movement until the 1990s. The intersex movement was born in the mid-1990s and has rapidly developed a strong and influential voice. Recently, both movements have undergone profound changes and each has provided new and unique theoretical perspectives that can potentially benefit other social justice groups. The purpose of our dialogue today is to describe these developments and explore how feminists could potentially benefit from the theoretical frameworks that are being …
The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich
The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich
Nevada Law Journal
There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure of critical …
Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig
Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig
Nevada Law Journal
The purpose of the reflections that follow is to highlight the meaning and importance of the hermeneutic shift produced by the work of Gadamer, to consider some of his themes and categories, and to extend the meaning of this hermeneutic rationality to the legal field in terms of a new conception of interpretation. A second objective is to catch sight of new theoretical perspectives, having as a starting point the unfolding of practical philosophy into hermeneutic philosophy carried out by Gadamer. This article aims at recuperating, among other things, the fundamental hermeneutic problem, so as to obtain a glimpse into …
Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck
Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck
Nevada Law Journal
The linguistic-ontological turn has brought uncountable consequences to the interpretation of Law. However, dogmatic-legal knowledge remains hostage to a judicial protagonism, a philosophy of consciousness that, together with legal discretion, represent two sides of the same coin. The criticism of judicial discretion is a matter of democracy: decisions must be coherent, assuring the integrity of Law by reinforcing the normative power of the Constitution from which arises the need for correct answers in Law.
The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez
The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda
The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol
Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Shaking Out The Welcome Mat For An Enduring Latcrit Social Movement, Elvia R. Arriola
Shaking Out The Welcome Mat For An Enduring Latcrit Social Movement, Elvia R. Arriola
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Out Of Many, One People; E Pluribus Unum: An Analysis Of Self-Identity In The Context Of Race, Ethnicity, And Context Of Race, Kamille Wolff
Out Of Many, One People; E Pluribus Unum: An Analysis Of Self-Identity In The Context Of Race, Ethnicity, And Context Of Race, Kamille Wolff
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Trying A New Way: Barack Obama’S Tolerance Of Intolerance, Stephanie L. Phillips
Trying A New Way: Barack Obama’S Tolerance Of Intolerance, Stephanie L. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Latina/O (Public/Legal) Intellectuals, Social Crises, And Contemporary Social Movements, Marc-Tizoc Gonzáles
Latina/O (Public/Legal) Intellectuals, Social Crises, And Contemporary Social Movements, Marc-Tizoc Gonzáles
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Engaged Intellectuals: Comments On The Crisis Of The Latina/O Public Intellectual, Martin Saavedra
Engaged Intellectuals: Comments On The Crisis Of The Latina/O Public Intellectual, Martin Saavedra
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Beautifully Powerful: A Latcrit Reflection On Coming To An Epistemological Consciousness And The Power Of Testimonio, Lindsay Pérez Huber
Beautifully Powerful: A Latcrit Reflection On Coming To An Epistemological Consciousness And The Power Of Testimonio, Lindsay Pérez Huber
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Latcrit Task Force Recommendations: Findings And Recommendations Of A Self-Study Of The Latcrit Board, 2009., Marc-Tizoc González, Yanira Reyes, Belkys Torres, Charles R. Venator-Santiago
The Latcrit Task Force Recommendations: Findings And Recommendations Of A Self-Study Of The Latcrit Board, 2009., Marc-Tizoc González, Yanira Reyes, Belkys Torres, Charles R. Venator-Santiago
American University Journal of Gender, Social Policy & the Law
No abstract provided.