Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (199)
- Law and Society (130)
- Jurisprudence (113)
- Civil Rights and Discrimination (80)
- Social and Behavioral Sciences (70)
-
- Law and Politics (60)
- Arts and Humanities (59)
- Comparative and Foreign Law (54)
- Criminal Law (52)
- Judges (52)
- Public Law and Legal Theory (51)
- History (50)
- Law and Economics (48)
- Legal Profession (48)
- Legislation (46)
- Courts (44)
- Law and Gender (42)
- Legal (42)
- Criminal Procedure (41)
- Legal Ethics and Professional Responsibility (41)
- Legal Education (40)
- International Law (38)
- Economics (33)
- Religion Law (32)
- Legal Writing and Research (28)
- United States History (28)
- Business Organizations Law (27)
- Human Rights Law (24)
- Institution
-
- SelectedWorks (128)
- BLR (122)
- Selected Works (90)
- William & Mary Law School (45)
- University of Pennsylvania Carey Law School (28)
-
- American University Washington College of Law (27)
- Villanova University Charles Widger School of Law (25)
- West Virginia University (18)
- Chicago-Kent College of Law (12)
- Latin American and Caribbean Law and Economics Association (10)
- Cornell University Law School (9)
- Penn State Dickinson Law (9)
- University of Georgia School of Law (9)
- The University of Akron (8)
- Washington University in St. Louis (7)
- Barry University School of Law (6)
- Pace University (6)
- Maurer School of Law: Indiana University (5)
- University of Michigan Law School (5)
- Wayne State University (4)
- American University in Cairo (3)
- Georgetown University Law Center (3)
- New York Law School (3)
- Schulich School of Law, Dalhousie University (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- University of South Carolina (3)
- Southern Methodist University (2)
- St. John's University School of Law (2)
- University at Buffalo School of Law (2)
- University of Colorado Law School (2)
- Publication Year
- Publication
-
- ExpressO (118)
- All Faculty Scholarship (41)
- Articles in Law Reviews & Other Academic Journals (27)
- David B Kopel (24)
- Robert G. Natelson (21)
-
- West Virginia Law Review (18)
- William & Mary Law Review (17)
- Villanova Law Review (13)
- Daniel R. Coquillette (12)
- Working Paper Series (12)
- Faculty Scholarship (11)
- Óscar Cruz Barney (11)
- Faculty Publications (10)
- Scholarly Works (10)
- Dickinson Law Review (2017-Present) (9)
- Leonid G. Berlyavskiy (9)
- Overview of Legal Systems in the Asia-Pacific Region (2004) (8)
- Felice J Batlan (7)
- Scholarship@WashULaw (7)
- Assaf Likhovski (6)
- Brian M McCall (6)
- Carlo A. Pedrioli (6)
- Elisabeth Haub School of Law Faculty Publications (6)
- Popular Media (6)
- Thomas J. McSweeney (6)
- Articles (5)
- Library Staff Publications (5)
- William & Mary Bill of Rights Journal (5)
- Akron Law Faculty Publications (4)
- Alejandro G Escobedo Rojas (4)
- Publication Type
Articles 31 - 60 of 629
Full-Text Articles in Legal History
Foreign-Born Children Of Disloyal Parents: Adam Muthana, Mary Arcedeckne, And The Natural-Born, John Vlahoplus
Foreign-Born Children Of Disloyal Parents: Adam Muthana, Mary Arcedeckne, And The Natural-Born, John Vlahoplus
St. John's Law Review
(Excerpt)
Can Adam Muthana, the foreign-born child of an alien Islamic State of Iraq and Syria (“ISIS”) combatant and a New Jersey-born ISIS adherent, grow up to be president of the United States? He can if he attains the age of thirty-five, resides in the United States for fourteen years, and is a natural-born citizen. He has a facial claim to statutory derivative citizenship at birth through his mother, and some scholars argue that anyone who is a citizen at birth is a natural-born citizen. Nevertheless, there are significant disputes over whether he will be allowed to reside here, whether …
Were Justices Lawyers?, Thomas J. Mcsweeney
Evaluating Originalism: Commerce And Emoluments, John Vlahoplus
Evaluating Originalism: Commerce And Emoluments, John Vlahoplus
St. John's Law Review
(Excerpt)
This Article suggests that originalist theories share a core focus that meaningfully competes with pluralist theories. The contest is real and appears in centuries of debates within Anglo-American and civil law. The Article locates the Anglo-American origins of originalism in a novel seventeenth-century method of legal interpretation used to achieve a specific political end: to stifle opposition to the union of Scottish and English subjects of King James after his accession to the English crown in 1603. It details the novel method and the competing traditional method of English legal interpretation. It then evaluates originalist interpretations of the Commerce …
Legal Genres, Thomas J. Mcsweeney
Who Are The "We"?, Thomas J. Mcsweeney
Putting The People Into Legal History, Thomas J. Mcsweeney
Putting The People Into Legal History, Thomas J. Mcsweeney
Popular Media
No abstract provided.
The Overly Familiar Treatise, Thomas J. Mcsweeney
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson
Law Faculty Research Publications
No abstract provided.
When Plea Bargaining Became Normal, William Ortman
When Plea Bargaining Became Normal, William Ortman
Law Faculty Research Publications
No abstract provided.
The Genius Of Hamilton And The Birth Of The Modern Theory Of The Judiciary, William M. Treanor
The Genius Of Hamilton And The Birth Of The Modern Theory Of The Judiciary, William M. Treanor
Georgetown Law Faculty Publications and Other Works
In late May 1788, with the essays of the Federalist on the Congress (Article I) and the Executive (Article II) completed, Alexander Hamilton turned, finally, to Article III and the judiciary. The Federalist’s essays 78 to 83 – the essays on the judiciary - had limited effect on ratification. No newspaper outside New York reprinted them, and they appeared very late in the ratification process – after eight states had ratified. But, if these essays had little immediate impact – essentially limited to the ratification debates in New York and, perhaps, Virginia – they were a stunning intellectual achievement. Modern …
Acceptance Speech For Lifetime Achievement Award From Canadian Prison Lawyers Association, Michael Jackson Qc
Acceptance Speech For Lifetime Achievement Award From Canadian Prison Lawyers Association, Michael Jackson Qc
Dalhousie Law Journal
Acceptance Speech for Lifetime Achievement Award from Canadian Prison Lawyers Association
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
Nuclear Weapons, The War Powers, And The Constitution: Mutually Assured Destruction?, John M. Dipippa
South Carolina Law Review
No abstract provided.
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney
Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney
Thomas J. McSweeney
The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney
Thomas J. McSweeney
One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …
Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney
Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney
Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy
The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy
Frederick W. Dingledy
The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Court Briefs
No abstract provided.
Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr
Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr
Faculty Book Display Case
Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?
Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned …
The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis
The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis
Alexander Tsesis
This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.
The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court has …
Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman
Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman
Faculty Scholarship
We assume that the nineteenth century was an era of patronage, and the twentieth century marked the rise of professionalization. But the Office of the Attorney General reveals an opposite pattern — a troubling rise of cronyism in the DOJ from the early twentieth century.
This Article uses the rough categories of “professional,” “politico,” and “insider” or “crony,” based on each attorney general's background and how he or she rose to the office (rather than based upon their performance in the office.) Most AGs in the nineteenth century were "politicos" (major established political figures) or "professionals" (experienced lawyers relatively separate …
Fighting Rebellion, Criminalizing Dissent: Governmental Responses To Political Criminality In Mexico And Colombia, 1870s - 1910s, Adrian Alzate Garcia
Fighting Rebellion, Criminalizing Dissent: Governmental Responses To Political Criminality In Mexico And Colombia, 1870s - 1910s, Adrian Alzate Garcia
FIU Electronic Theses and Dissertations
Political Crimes represent one of the most neglected areas in the historical scholarship on modern Latin America. It is an enduring absence that, for decades, has prevented historians from developing richer understandings about the functioning of politics, the evolution of legal phenomena, and the workings of both war and peace in the region. This dissertation addresses this historiographical void trough a comparative study of governmental responses to political criminality in Mexico and Colombia between the 1870s and the 1910s –years that frame the rise and fall of the Mexican Porfiriato and the Colombian Regeneration.
A study of political, legal, and …
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Acting Differently: How Science On The Social Brain Can Inform Antidiscrimination Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
Legal scholars are becoming increasingly interested in how the literature on implicit bias helps explain illegal discrimination. However, these scholars have not yet mined all of the insights that science on the social brain can offer antidiscrimination law. That science, which researchers refer to as social neuroscience, involves a broadly interdisciplinary approach anchored in experimental natural science methodologies. Social neuroscience shows that the brain tends to evaluate others by distinguishing between "us" versus "them" on the basis of often insignificant characteristics, such as how people dress, sing, joke, or otherwise behave. Subtle behavioral markers signal social identity and group membership, …
Race, Slavery And Justice: A Justice System Case Study, Camille Cameron
Race, Slavery And Justice: A Justice System Case Study, Camille Cameron
Reports & Public Policy Documents
We do not have to look far today in Canada to see the legacies of slavery in their full effect. One of these legacies is the way in which we have chosen to forget slavery, or perhaps to deny it, and to create a different narrative. “Slavery is Canada’s best-kept secret, locked within the national closet,” asserts Afua Cooper. Ask many Canadians about the history of slavery in Canada and they will talk about the Underground Railroad. This is what many of us learned in school, that slavery existed in America, not in Canada, and that Canada’s heroic, romantic role …
Immigration Unilateralism And American Ethnonationalism, Robert Tsai
Immigration Unilateralism And American Ethnonationalism, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This paper arose from an invited symposium on "Democracy in America: The Promise and the Perils," held at Loyola University Chicago School of Law in Spring 2019. The essay places the Trump administration’s immigration and refugee policy in the context of a resurgent ethnonationalist movement in America as well as the constitutional politics of the past. In particular, it argues that Trumpism’s suspicion of foreigners who are Hispanic or Muslim, its move toward indefinite detention and separation of families, and its disdain for so-called “chain migration” are best understood as part of an assault on the political settlement of the …
Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock
Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock
Faculty Scholarship
No abstract provided.