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Legal History Commons

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2017

Washington University in St. Louis

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Articles 1 - 13 of 13

Full-Text Articles in Legal History

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee Jan 2017

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...


Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw Jan 2017

Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw

Washington University Jurisprudence Review

This Note traces the subtle changes in the underlying purposes of the Orphan Drug Act, and evaluates those purposes from the perspectives of medical ethics and legal jurisprudence. Part I begins with the history of the Orphan Drug Act discussed issue by issue, to elucidate the subtle changes in the purpose of the Orphan Drug Act through its history. Part II explores the moral and ethical issues presented by the Orphan Drug Act to identify eleven guiding principles from medical ethics and legal jurisprudence. Lastly, Part III applies these guiding principles to the most common proposed amendments to the Orphan ...


Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner Jan 2017

Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner

Washington University Jurisprudence Review

This article examines Justice Antonin Scalia and Bryan Garner’s originalist justification of Brown v. Board of Education in Reading Law, concluding that their analysis is flawed in at least three respects: (1) their interpretation that the texts of the Thirteenth and Fourteenth Amendments prohibited all white-supremacist and separationist laws is atextual, acontextual, and ahistorical; (2) their invocation of Justice Harlan and his Plessy dissent does not support, but actually cuts against their understanding of the original understanding; and (3) relying on a single and critiqued article, with no reference to that criticism, they fail to support their conclusion that ...


Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan Jan 2017

Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan

Washington University Jurisprudence Review

No abstract provided.


The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman Jan 2017

The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman

Washington University Jurisprudence Review

Postmodern jurisprudence was all the rage in the 1990s. Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves—independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article. Then Fish and Schlag turned on each other. Each attacked the other for making the same mistake: harboring a modernist self. I revisit this skirmish for two reasons. First, it helps explain the current moribund state of postmodern jurisprudence. If two of the leading postmodernists could not avoid ...


East West Street: Personal Stories About Life And Law, Philippe Sands Jan 2017

East West Street: Personal Stories About Life And Law, Philippe Sands

Washington University Global Studies Law Review

No abstract provided.


Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin Jan 2017

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

Washington University Jurisprudence Review

Although today the very idea of a science of law—the thought that law could be made a science like any other taught and studied at a modern university—has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus ...


Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat Jan 2017

Washington University School Of Law’S Global Trajectory, Leila Nadya Sadat

Washington University Journal of Law & Policy

This Essay discusses the changing nature of legal education, focusing on the movement from national to global law schools, specifically within the context of globalization. Sadat details the development of international and comparative legal education at Washington University and reflects on their benefit to the School’s reputation. Sadat closes with a discussion of “Global Trumpism,” its potential impact on the Pax Americana, and the resulting effect on Washington University’s international and comparative legal education programs.


Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn Jan 2017

Universal Clinic Legal Education: Necessary And Feasible, Robert R. Kuehn

Washington University Journal of Law & Policy

This Essay analyzes the data surrounding clinical education in law schools. Kuehn compares the legal education experience to other professional schools, noting that the legal field does not take the steps to prepare law students for the professional field that other schools do. Kuehn argues that a mandated clinical experience for all students is both not costly to obtain and feasible to immediately implement. Kuehn concludes his argument by calling for required clinical training in ABA-approved law schools to ensure practice-ready professionals.


Beyond Stamp Collecting: Ronald Coase And “Scientific” Legal Scholarship, John N. Drobak Jan 2017

Beyond Stamp Collecting: Ronald Coase And “Scientific” Legal Scholarship, John N. Drobak

Washington University Journal of Law & Policy

This Essay argues that legal scholarship is properly considered a highly technical field of study rather than a system based on classifications. Drobak concedes that excellent legal scholarship requires a complex system of classifications akin to “stamp collecting.” Drobak then makes a case for legal research as a technical science requiring an interdisciplinary approach to confront new issues and further develop current legal doctrines.


Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton Jan 2017

Celebrating Masters & Johnson’S Human Sexual Response: A Washington University Legacy In Limbo, Susan Ekberg Stiritz, Susan Frelich Appleton

Washington University Journal of Law & Policy

This Essay discusses how institutions devise traditions and celebrations within the context of protecting established hierarchies of power and privilege. Appleton and Stiritz bring to light the research of William Masters and Virginia Johnson and their publication of Human Sexual Response. The authors argue that Masters and Johnson’s work should be institutionally recognized and celebrated by Washington University. The Essay discusses how Washington University’s neglect has impacted Masters and Johnson’s narrative and reflects upon how their legacy was instead highlighted in the popular Showtime series Masters of Sex. Finally, the Essay reflects upon what might have been ...


Embracing New (And Old) Ideas, James E. Daily Jan 2017

Embracing New (And Old) Ideas, James E. Daily

Washington University Journal of Law & Policy

This Essay, by James E. Daily, lecturer at Washington University School of Law, identifies current declines in the demand for legal education and the greater job market offers a possible solution—re-introducing the LL.B degree. Daily looks at the historical increases in demand that led to the acceptance of the J.D. as the standard law degree required for practice. Daily proposes law schools should re-organize the current J.D. program to become a research or theory-focused advanced degree, and re-introduce the LL.B undergraduate LL.B degree that integrates the use and creation of new technologies in legal ...


After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour Jan 2017

After Shelby County V. Holder, Can Independent Commissions Take The Place Of Section 5 Of The Voting Rights Act?, Brittany C. Armour

Washington University Journal of Law & Policy

This Note traces the consequences of the Supreme Court’s decision in Shelby County v. Holder, which held unconstitutional the preclearance formula of the Voting Rights Act that required some states and counties to obtain federal authorization before changing voting procedures. Armour traces the history of the Voting Rights Act and the role independent commissions can play in ensuring that such facially neutral procedures do not have a disparate impact on minority communities. Armour advocates for independent commissions to take the place left empty by the Supreme Court’s rejection of the old preclearance formula suggesting that these commissions are ...