Barry University
Indiana University School of Law - Bloomington
St. John's University School of Law
Northwestern University School of Law
University of Georgia School of Law
University of Alabama School of Law
The Catholic University of America, Columbus School of Law
Texas Fifth Court of Appeals
University of Pennsylvania Carey Law School
William & Mary Law School
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865,
2023
American University Washington College of Law
James Oakes's Treatment Of The First Confiscation Act In Freedom National: The Destruction Of Slavery In The United States, 1861-1865, Angi Porter
Articles in Law Reviews & Other Academic Journals
In his work, Freedom National: The Destruction of Slavery in the United States, 1861-1865, James Oakes provides an overview of several Civil War era legal instruments regarding enslavement in the United States. One of the statutes he examines is An Act to Confiscate Property Used for Insurrectionary Purposes, passed by the Thirty Seventh Congress in August, 1861. This law, popularly known as the First Confiscation Act (FCA), is one of the several "Confiscation Acts" that contributed to the weakening of legal enslavement during the War. Fortunately, scholars have contextualized and deemphasized President Lincoln's role as the "Great Emancipator" by examining …
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal,
2023
American University in Cairo
The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan
Theses and Dissertations
The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …
The Fugazi Second Amendment: Bruen's Text, History, And Tradition Problem And How To Fix It,
2023
Cleveland State University
The Fugazi Second Amendment: Bruen's Text, History, And Tradition Problem And How To Fix It, Patrick J. Charles
Cleveland State Law Review
This Article critiques the Supreme Court’s use of text, history, and tradition in New York Rifle & Pistol Association, Inc. v. Bruen. In doing so, not only is the Supreme Court’s approach to history-in-law in Bruen called into question, but also the Article provides the courts with an historically objective and even-keeled ‘way-ahead’ for future Second Amendment cases and controversies.
Fifty Years Of Canadian Legal History,
2023
University of Toronto
Fifty Years Of Canadian Legal History, Jim Phillips, Philip Girard
Dalhousie Law Journal
Fifty years ago Canadian legal history was very much in its infancy. What little had been published was in equal measure antiquarian, descriptive, and hagiographic. The field has undergone a profound transformation in the last half-century. We now know a great deal more about all aspects of our legal past, about our institutions, our legal personnel, and the substantive law. The field has also become much more sophisticated, concerned not only with internal legal developments but increasingly with the relationships between law and other aspects of Canadian history. Social history, labour history, women’s history, economic, intellectual, cultural and political history, …
Christian Influence On Roman Natural Law In The Corpus Juris Civilis,
2023
Liberty University
Christian Influence On Roman Natural Law In The Corpus Juris Civilis, Bryce Tenberg
Helm's School of Government Conference
Few civilizations have influenced the contemporary world more than the Romans, and the same can be said regarding the field of law. Today, legal foundations throughout the West are built upon the Roman legal system, with the Code of Justinian—also known as the Corpus Juris Civilis—being arguably the most influential. This work compiled and simplified centuries of Roman law to ensure a more efficient jurisprudence, and due to its survival, it would form the foundation of the modern jurisprudence. However, at the same time this work was written, the empire had changed significantly with the adoption of Christianity. This …
Drug Ideologies Of The United States,
2023
Liberty University
Drug Ideologies Of The United States, Macy Montgomery
Helm's School of Government Conference
The United States has been increasingly creating lenient drug policies. Seventeen states and Washington, the District of Columbia, legalized marijuana, and Oregon decriminalized certain drugs, including methamphetamine, heroin, and cocaine. The medical community has proven that drugs, including marijuana, have myriad adverse health side effects. This leads to two questions: Why does the United States government continue to create lenient drug policies, and what reasons do citizens give for legalizing drugs when the medical community has proven them harmful? The paper hypothesizes that the disadvantages of drug legalization outweigh its benefits because of the numerous harms it causes, such as …
Asking For It: Gendered Dimensions Of Surveillance Capitalism,
2023
Montgomery McCracken Walker & Rhoads
Asking For It: Gendered Dimensions Of Surveillance Capitalism, Jessica Rizzo
Emancipations: A Journal of Critical Social Analysis
Advertising and privacy were once seen as mutually antagonistic. In the 1950s and 1960s, Americans went to court to fight for their right to be free from the invasion of privacy presented by unwanted advertising, but a strange realignment took place in the 1970s. Radical feminists were among those who were extremely concerned about the collection and computerization of personal data—they worried about private enterprise getting a hold of that data and using it to target women—but liberal feminists went in a different direction, making friends with advertising because they saw it as strategically valuable.
Liberal feminists argued that in …
The Intemperate Regulation Of Alcohol,
2023
Pepperdine University
The Intemperate Regulation Of Alcohol, Bradley R. Greenman
The Journal of Business, Entrepreneurship & the Law
This comment will not argue the legitimacy of the policy aims of the Twenty-First Amendment, rather, it will argue the current regulatory and legal apparatuses which govern the alcohol industry are no longer moored to the original moral and philosophical values the Temperance Movement, or those morals and values which carried over into the Twenty-First Amendment. To aid in understanding the current state of alcohol regulation, Section II will outline the history of liquor regulation in the United States from the Founding to the present. Second, Section II will examine the history of legislation and regulation of alcohol that led …
Talking About Talking About Surrogacy,
2023
University at Buffalo School of Law
Talking About Talking About Surrogacy, Michael Boucai
Buffalo Law Review
No abstract provided.
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason,
2023
Washington and Lee University School of Law
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers
Scholarly Articles
Lyria was one of a small handful of women who graduated from a Louisiana law school in the 1930’s. Despite the employment barriers facing female attorneys, she went on to become one of the first female law clerks in both the federal and state judiciary. To date, Lyria’s story has not been told. I have recently discovered, however, that Lyria’s children and grandchildren preserved her letters to her family. They are a treasure trove of information about a woman whose career took her from rural Louisiana to Louisiana’s highest court as well as the post-war ruins of Nazi Germany. The …
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law,
2023
Brooklyn Law School
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Brooklyn Law Review
In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …
A Grievously Belated Thank You Note,
2023
University of Texas Law School
A Grievously Belated Thank You Note, Sanford Levinson
Buffalo Law Review
No abstract provided.
A Powerful Vine: My Memories Of Isabel Marcus,
2023
University at Buffalo
A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono
Buffalo Law Review
No abstract provided.
Family Remarks,
2023
University at Buffalo School of Law
Isabel Marcus:Activist Scholar,
2023
Santa Clara University
Isabel Marcus:Activist Scholar, Patricia A. Cain
Buffalo Law Review
No abstract provided.
Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus,
2023
University at Buffalo School of Law
Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky
Buffalo Law Review
No abstract provided.
Remembering Iz,
2023
University of Iowa
Remembering Isabel,
2023
Brooklyn Law School
The Role Of Law In U.S. History Textbooks,
2023
New England Law | Boston
The Role Of Law In U.S. History Textbooks, Russ Versteeg
Cleveland State Law Review
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories,
2023
CUNY School of Law
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories, Natalie Gomez-Velez
Fordham Law Review
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems—they exist presently in current laws and systems as well. Current U.S. law discriminates against U.S. territories and their residents with respect to citizenship status, voting rights and representation, and equal access to benefits, among other things.
This Essay examines such separate and unequal treatment using the recent case, United …
