Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal History (10719)
- Constitutional Law (2368)
- Jurisprudence (1561)
- Law and Society (1558)
- Civil Rights and Discrimination (1143)
-
- Legislation (1126)
- International Law (1122)
- Courts (1097)
- State and Local Government Law (1064)
- Arts and Humanities (1025)
- Social and Behavioral Sciences (1020)
- Legal Education (950)
- Law and Politics (949)
- Judges (906)
- Human Rights Law (871)
- Comparative and Foreign Law (870)
- Criminal Law (830)
- Law and Economics (818)
- Public Law and Legal Theory (799)
- Legal Profession (767)
- Supreme Court of the United States (762)
- History (723)
- Law and Race (683)
- Administrative Law (656)
- Legal Writing and Research (655)
- Education (650)
- Criminal Procedure (567)
- Environmental Law (560)
- Religion Law (542)
- Institution
-
- Selected Works (1294)
- University of Michigan Law School (1067)
- University at Buffalo School of Law (627)
- SelectedWorks (473)
- University of Pennsylvania Carey Law School (417)
-
- University of Colorado Law School (370)
- UIC School of Law (304)
- Maurer School of Law: Indiana University (288)
- University of Georgia School of Law (267)
- Seattle University School of Law (238)
- University of Maryland Francis King Carey School of Law (226)
- American University Washington College of Law (200)
- University of Kentucky (179)
- New York Law School (173)
- Cornell University Law School (172)
- Georgetown University Law Center (146)
- University of Richmond (145)
- William & Mary Law School (145)
- Notre Dame Law School (137)
- Schulich School of Law, Dalhousie University (134)
- Pepperdine University (127)
- Universitas Indonesia (125)
- BLR (122)
- University of Missouri-Kansas City School of Law (122)
- University of Arkansas at Little Rock William H. Bowen School of Law (114)
- Maurice A. Deane School of Law at Hofstra University (111)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (109)
- Columbia Law School (102)
- St. Mary's University (101)
- Duke Law (99)
- Keyword
-
- History (725)
- Legal History (712)
- Legal history (577)
- Jurisprudence (327)
- Constitutional Law (324)
-
- Constitution (280)
- Constitutional law (262)
- Civil rights (247)
- Law (232)
- International law (230)
- Human rights (198)
- Law and Society (193)
- Supreme Court (190)
- United States Supreme Court (170)
- Equal Protection (163)
- Race discrimination (161)
- Supremacy Clause (160)
- Cold War (157)
- Environmental justice (155)
- Inter-American Commission on Human Rights (155)
- American exceptionalism (153)
- Environmental racism (152)
- Right to a healthy environment (152)
- Right to privacy and family life (152)
- Slavery (145)
- Courts (140)
- Politics (135)
- Judges (126)
- United States (125)
- Legislation (119)
- Publication Year
- Publication
-
- Michigan Law Review (636)
- Faculty Scholarship (468)
- The Opinion Newspaper (all issues) (458)
- All Faculty Scholarship (430)
- Articles (293)
-
- UIC Law Review (253)
- Publications (242)
- Seattle University Law Review (188)
- Scholarly Works (187)
- Cornell Law Faculty Publications (159)
- Journal Articles (159)
- Carmen G. Gonzalez (152)
- Georgetown Law Faculty Publications and Other Works (141)
- Articles by Maurer Faculty (133)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- NYLS Law Review (122)
- ExpressO (118)
- Maryland Law Review (111)
- Articles in Law Reviews & Other Academic Journals (110)
- Journals of the General Assembly of the Commonwealth of Kentucky (109)
- Faculty Publications (107)
- Paulo Ferreira da Cunha (107)
- Law Faculty Publications (105)
- Faculty Works (97)
- Dalhousie Law Journal (94)
- Buffalo Law Review (90)
- The Journal of Appellate Practice and Process (86)
- Daniel R. Coquillette (83)
- Documents from Making Habeas Work: A Legal History (monograph) (83)
- Indiana Law Journal (76)
- Publication Type
Articles 211 - 240 of 10726
Full-Text Articles in Legal History
Tinjauan Yuridis Proses Pelelangan Pengusahaan Jalan Tol Gilimanuk-Mengwi Ditinjau Dari Praktik Monopoli Dan Hukum Persaingan Usaha, Artika Purnama Sari
Tinjauan Yuridis Proses Pelelangan Pengusahaan Jalan Tol Gilimanuk-Mengwi Ditinjau Dari Praktik Monopoli Dan Hukum Persaingan Usaha, Artika Purnama Sari
"Dharmasisya” Jurnal Program Magister Hukum FHUI
One of a series of toll road concession tender processes is the pre-qualification stage in which participants who pass will follow the auction stage by taking a proposal request document. Participants who pass the prequalification in the form of a consortium at least one member of the consortium must have similar experience in toll road PPP projects. The purpose of this paper is to determine the legal aspects of monopolistic practice and business competition law in relation to the tender process for the Gilimanuk-Mengwi toll road concession. This writing uses a normative method by conducting a literature review. The results …
Perlindungan Atas Privasi Konsumen Dalam Layanan Reservasi Tiket Online Dari Pt. Kereta Api Indonesia, Aprilia Susanti
Perlindungan Atas Privasi Konsumen Dalam Layanan Reservasi Tiket Online Dari Pt. Kereta Api Indonesia, Aprilia Susanti
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The significant increase in online activities cannot be separated from the many active internet users who use mobile internet connections to carry out their daily activities, one of which is for the convenience of making ticket reservations at PT. Indonesian Railways (KAI). The purpose of this research is to find out the study of the business law of protecting consumer privacy in the online ticketing service of PT. KAI. Data collection was carried out by means of a literature study of the relationship between laws and regulations in consumer protection and the position of PT. KAI as business actors and …
Perkembangan, Penerapan, Dan Tantangan Hukum Anti-Dumping Di Indonesia Ditinjau Dalam Kerangka Hukum Wto, Anggoro Aji Nugroho
Perkembangan, Penerapan, Dan Tantangan Hukum Anti-Dumping Di Indonesia Ditinjau Dalam Kerangka Hukum Wto, Anggoro Aji Nugroho
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Anti-dumping is a form of action against price discrimination by importing countries by selling their products below normal values with the aim of competing with local products and potentially causing serious injury to the domestic industry for liked products. Indonesia as a member of the WTO is subject to the provisions of the WTO legal framework including provisions regarding anti-dumping. This research focuses on the development and application of anti-dumping laws based on the WTO in Indonesia as well as the challenges that will be faced by Indonesia in implementing anti-dumping in the future. This research uses qualitative methods, where …
Analisis Pengaturan Pajak Parkir Pada Badan Pengelola Pajak Retribusi Daerah Kabupaten Lampung Utara, Adinda Akhsanal Viqria
Analisis Pengaturan Pajak Parkir Pada Badan Pengelola Pajak Retribusi Daerah Kabupaten Lampung Utara, Adinda Akhsanal Viqria
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Parking tax is a local tax imposed under the law number 28 of 2009 on local taxes and user charge. The purpose of this study is to analyze the adequacy of the Parking Tax Reception System At the Office of Lampung Utara Regional Tax and Retribution Agency. The method used is descriptive analysis. Data were obtained through field studies. The results of this research is that the System of Parking Tax Admission in Lampung Utara City has been adequate and in accordance with the applicable regulations, namely the Minister of Home Affairs Regulation number 59 at 2007 includes the related …
Democratizing Abolition, Brandon Hasbrouck
Democratizing Abolition, Brandon Hasbrouck
Scholarly Articles
When abolitionists discuss remedies for past and present injustices, they are frequently met with apparently pragmatic objections to the viability of such bold remedies in U.S. legislatures and courts held captive by reactionary forces. Previous movements have seen their lesser reforms dashed by the white supremacist capitalist order that retains its grip on power in America. While such objectors contend that abolitionists should not ask for so much justice, abolitionists should in fact demand significantly more.
Remedying our country’s history of subordination will not be complete without establishing abolition democracy. While our classical conception of a liberal republic asks us …
Federal Rules Of Private Enforcement, Luke Norris, David L. Noll
Federal Rules Of Private Enforcement, Luke Norris, David L. Noll
Law Faculty Publications
The Federal Rules of Civil Procedure were made for a different world. Fast approaching their hundredth anniversary, the Rules reflect the state of litigation in the first few decades of the twentieth century and the then-prevailing distinction between "substantive" rights and the "procedure" used to adjudicate them. The role of procedure, the rulemakers believed, was to resolve private disputes fairly and efficiently. Today, a substantial portion of litigation in federal court is brought under regulatory statutes that deploy private lawsuits to enforce public regulatory policy. This type of litigation, which scholars refer to as "private enforcement," is the engine for …
Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz
Monitoring American Federalism: The History Of State Legislative Resistance, Christian G. Fritz
Faculty Book Display Case
As Americans have monitored federalism, they struggled with how a government based on sovereignty divided between nation and states might function. The Constitution’s shared sovereignty created an inherently dynamic federalism with almost continuous debates over the balance of power, making this testing of the balance of federalism and monitoring government central to the American constitutional order. Many constitutional debates involved the protection of slavery, yet other interests including debt, taxation, and police powers also played vital roles in shaping American federalism. State resistance to the national government utilizing the constitutional tool of interposition arose when the disequilibrium of federalism was …
Framing The Framer: A Commentary On Treanor’S Gouverneur Morris As “Dishonest Scrivener”, David S. Schwartz
Framing The Framer: A Commentary On Treanor’S Gouverneur Morris As “Dishonest Scrivener”, David S. Schwartz
Michigan Law Review Online
Dean William Treanor’s masterful article, The Case of the Dishonest Scrivener: Gouverneur Morris and the Creation of the Federalist Constitution, makes a major contribution to scholarship on the founding, one that will have a profound impact on how we read and understand the Constitution. Treanor’s keen analyses and his presentation of important-but-overlooked historical details support the article’s central and historically significant arguments. Treanor’s research is at the forefront of emerging scholarship seeking to recover “the Federalist Constitution,” a body of constitutional interpretations favored by those Framers who advocated a strong national government. These nationalist interpretations were subsequently emphasized by …
Persistent Treatise - Data & Charts, Paul D. Callister, Dana Neacsu
Persistent Treatise - Data & Charts, Paul D. Callister, Dana Neacsu
Data for Scholarly Works
The thesis of this paper is that the legal treatise remains a pillar of our legal system and its Rule of Law, despite variations in its quantitate citation, and diversity of its qualitative usage in our jurisprudence, especially at the United States Supreme Court level. We support this claim with empirical data and qualitative analysis. First, as shown here, treatises have a significant and healthy presence in case law, briefs, and secondary sources. More importantly, they are a stabilizing influence in our evolving rule of law.
We have studied the citation of treatises in state and federal courts. In terms …
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
American University National Security Law Brief
As the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms …
How Patents Became Politics, Steven Wilf
How Patents Became Politics, Steven Wilf
Faculty Articles and Papers
Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for Open Source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a little-known …
Freedom Not To See A Doctor: The Path Toward Over-The-Counter Abortion Pills, Lewis Grossman
Freedom Not To See A Doctor: The Path Toward Over-The-Counter Abortion Pills, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
American courts and lawmakers are engaged in an epic struggle over the fate of abortion pills. While some anti-abortion activists are attempting to drive the pills off the market entirely, supporters of reproductive rights are striving to make them more easily accessible. This Article advances the latter mission with a bold proposal: FDA should consider allowing abortion pills to be sold over the counter (OTC). Abortion rights supporters argue that FDA should repeal the special distribution and use restrictions it unnecessarily imposes on mifepristone, one of two drugs in the medication abortion regimen. Even if FDA removed these restrictions, however, …
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Global Issues In A Globalized World: The Unescapable Dialogue Between SharīʿA And The Constitution, Paolo Davide Farah
Book Chapters
In an increasingly globalized world, a world in flux, which is constantly subject to rapid circulation of information, change is a dimension that we all experience in our lives with ever increasing frequency. Change, be it that of customs and fashion or that of laws and systems of government, is something which now seems impossible to escape. Change is an integral part of our unstable contemporaneity.
This is not only a continuous change but also a rapid one. In such a social and political environment, at a global and local level, it is more and more difficult to find a …
Situating Dobbs, Paula A. Monopoli
Situating Dobbs, Paula A. Monopoli
Faculty Scholarship
The recent decision in Dobbs v. Jackson Women’s Health has been characterized as an outlier because its effect is to erase a previously recognized constitutional right. This paper situates Dobbs in a broader feminist constitutional history. It asks if this retrenchment is really such a unique turn in American jurisprudence when it comes to protections or “rights” that matter most to women’s lived experience. The paper argues that if one opens the aperture of constitutional history to embrace a more capacious view of rights, those afforded to women have often been eroded or erased by state legislatures, Congress, and courts. …
Establishing The Legal Framework To Regulate Quantum Computing Technology, Kaya Derose
Establishing The Legal Framework To Regulate Quantum Computing Technology, Kaya Derose
Catholic University Journal of Law and Technology
No abstract provided.
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Offshore Entanglements, Martin W. Sybblis
Offshore Entanglements, Martin W. Sybblis
Faculty Articles
For decades, scholars have struggled to determine how to deploy laws and legal institutions to spur economic prosperity. But, without knowing which legal rules and institutions to prioritize for a particular social context, the outcomes have been generally unsatisfactory. The case of offshore financial centers provides fresh and compelling new insights into this puzzle. This Article uses the sociological concept of community economic identity (“CEI”) to understand why some offshore financial centers prioritize investments in legal institutions that bolster their offshore finance enterprises while others do not. CEI refers to a community’s shared identity that is linked to a specific …
The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson
The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson
Faculty Articles
Long-time St. Mary's law professor Vincent Johnson details the arrival and tenure of Barbara Bader Aldave as Dean of St. Mary's University School of Law.
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
A Quarter Century Of Challenges And Progress In Education, And An Agenda For The Next Quarter Century, Albert H. Kauffman
Faculty Articles
As a native Texan who attended intentionally segregated Texas public schools, then an effectively segregated Texas public law school, litigated many cases against discrimination in Texas education, and now teaches Texas education law, I have what I think to be informed opinions on where we have been, where we are going, and what we should do next. I will briefly describe our sad history of discrimination in segregation, school finance, testing, higher education, and lack of responsiveness to newer issues in education at all levels. I will then summarize some of our ongoing challenges and some possible approaches that I …
Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch
Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch
Graduate Student Theses, Dissertations, & Professional Papers
The Federal Aid in Wildlife Restoration Act of 1937 now known as Pittman-Robertson and Federal Aid in Sport Fish Restoration Act of 1950 now known as Dingell-Johnson are federal statutes which stand as the original and perhaps most significant federal funding statutes supporting state wildlife conservation and management. Congress’s decision to pass these statutes may be argued to be a prima facie endorsement of state wildlife agencies (SWA) as the primary managers of wildlife since each statute dedicated substantial federal excise revenue to SWAs. We hypothesized we would find consistent evidence in favor of primary state management authority over wildlife. …
“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.
“The Glorious Liberty Of The Children Of God”: Toward A Christian Defense Of Human Rights, John Witte Jr.
Faculty Articles
It will come as a surprise to some human rights lawyers to learn that Christianity was a deep and enduring source of human rights and liberties in the Western legal tradition. Our elementary textbooks have long taught us that the history of human rights began in the later seventeenth and eighteenth centuries. Human rights, many of us were taught, were products of the Western Enlightenment—creations of Grotius and Pufendorf, Locke and Rousseau, Montesquieu and Voltaire, Hume and Smith, Jefferson and Madison. Rights were the mighty new weapons forged by American and French revolutionaries who fought in the name of political …
The Art Of International Law, Hilary Charlesworth
The Art Of International Law, Hilary Charlesworth
American University Law Review
International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
Aba-Mandated Instruction On Racism And Recent State Legislation Banning Such Instruction In University Classrooms: “Jim Crow” Redux, Bernard K. Freamon
Aba-Mandated Instruction On Racism And Recent State Legislation Banning Such Instruction In University Classrooms: “Jim Crow” Redux, Bernard K. Freamon
Roger Williams University Law Review
No abstract provided.
Reframing The Dei Case, Veronica Root Martinez
Reframing The Dei Case, Veronica Root Martinez
Seattle University Law Review
Corporate firms have long expressed their support for the idea that their organizations should become more demographically diverse while creating a culture that is inclusive of all members of the firm. These firms have traditionally, however, not been successful at improving demographic diversity and true inclusion within the upper echelons of their organizations. The status quo seemed unlikely to move, but expectations for corporate firms were upended after the #MeToo Movement of 2017 and 2018, which was followed by corporate support of the #BlackLivesMatter Movement in 2020. These two social movements, while distinct in many ways, forced firms to rethink …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Gender And The Constitutional Theory Of The Firm, Jamee K. Moudud
Seattle University Law Review
This Article adds to the literature that has linked feminist economics to foreign trade and development. It argues that two key factors need to be in place jointly if efforts to promote gender equity are to succeed. On the one hand it argues that foreign debt is an important constraint to domestic progressive social policies of all kinds as it increases the power of international creditors who generally tend to support austerity policies. On the other hand, while alleviating the burden of foreign debt via exportpromotion policies is necessary, it is by no means a sufficient condition to promote domestic …
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark
“What’S Past Is Prologue”: The Story Of The Sale Of The University Of Puget Sound School Of Law To Seattle University, Annette E. Clark
Seattle University Law Review
When the Seattle University Law Review editorial staff invited me to write an updated history of the Seattle University School of Law in honor of our 50th anniversary, I planned to start the narrative with the year 1989, which was where the prior written history (authored by former Law Library Director Anita Steele and published by the Law Review) had left off. It also happens to be the year when I graduated from this law school and joined the tenure-track faculty, so 1989 seemed like a propitious place to begin. However, as I began to do the research necessary to …
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Army Commander’S Role—The Judge, Jury, & Prosecutor For The Article 15, Anthony Godwin
Seattle University Law Review
Service members in the armed forces are bound by a different set of rules when compared to other U.S. citizens. Some of the normal safeguards and protections that civilians enjoy are much more restrictive for military service members, and this is generally for a good reason. Such restrictions are partly due to the complex demands and needs of the United States military. Congress and the President have entrusted military commanders with special powers that enable them to handle minor violations of law without needing to go through a full judicial proceeding. Non-judicial punishments (NJP), also known as Article 15s, are …
“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki
“Statistics Are Human Beings With The Tears Wiped Away”: Utilizing Data To Develop Strategies To Reduce The Number Of Native Americans Who Go Missing, Lori Mcpherson, Sarah Blazucki
Seattle University Law Review
On New Year’s Eve night, 2019, sixteen-year-old Selena Shelley Faye Not Afraid attended a party in Billings, Montana, about fifty miles west of her home in Hardin, Montana, near the Crow Reservation. A junior at the local high school, she was active in her community. The party carried over until the next day, and she caught a ride back toward home with friends in a van the following afternoon. When the van stopped at an interstate rest stop, Selena got out but never made it back to the van. The friends reported her missing to the police and indicated they …