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Articles 1 - 11 of 11

Full-Text Articles in Legal History

Unifying The Field: Mapping The Relationship Between Work Law Regimes In Ontario, Then And Now, Claire Mumme Dec 2020

Unifying The Field: Mapping The Relationship Between Work Law Regimes In Ontario, Then And Now, Claire Mumme

Dalhousie Law Journal

Since the mid-20th century in Canada, labour and employment law have been treated as two separate but related fields. In 1981 Brian Langille argued in “Labour Law is a Subset of Employment Law” for the unification of the fields, so that all forms of waged work were understood as matters of public policy, rather than leaving some types of work to private law regulation. Taking up Langille’s argument, this paper argues that employment contracts, individual and collective, are structured through the overlap, interaction and gaps between work law regimes. The creation of a unified field moves from studying the regimes …


Foreign-Born Children Of Disloyal Parents: Adam Muthana, Mary Arcedeckne, And The Natural-Born, John Vlahoplus May 2020

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 Mar 2020

Were Justices Lawyers?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Evaluating Originalism: Commerce And Emoluments, John Vlahoplus Mar 2020

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 Mar 2020

Legal Genres, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Who Are The "We"?, Thomas J. Mcsweeney Mar 2020

Who Are The "We"?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Putting The People Into Legal History, Thomas J. Mcsweeney Mar 2020

Putting The People Into Legal History, Thomas J. Mcsweeney

Popular Media

No abstract provided.


The Overly Familiar Treatise, Thomas J. Mcsweeney Mar 2020

The Overly Familiar Treatise, Thomas J. Mcsweeney

Popular Media

No abstract provided.


#Livingwhileblack: Blackness As Nuisance, Jamila Jefferson-Jones, Taja-Nia Y. Henderson Jan 2020

#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 Jan 2020

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 Jan 2020

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 …