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Foreword—Forward, Zygmunt J.B. Plater 2017 Boston College Law School

Foreword—Forward, Zygmunt J.B. Plater

Boston College Environmental Affairs Law Review

No abstract provided.


The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez 2017 The Graduate Center, City University of New York

The Legacy Of Slavery And The Continued Marginalization Of Communities Of Color Within The Legal System, Julia N. Alvarez

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The aim of this thesis paper is to demonstrate how the history of slavery in the United States continues to marginalize communities of color. The history of slavery in America was the result of various factors. Some of these factors included but were not limited to; economic, legal, and social. Slavery provided a reliable and self-reproducing workforce. The laws enacted during slavery ensured the continuation of the social order of the time. This social order was based on the generalized understanding that blacks were born into servitude. Those born into slavery were not given the same legal or economic status ...


An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked 2017 Northwestern Pritzker School of Law

An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked

Northwestern University Law Review

The school district is a staple of American law. As the local government tasked with controlling our public schools, the school district is so well-entrenched that lawmakers and commentators ignore its uniqueness as a legal institution. The school district is peculiar to American law, and it is a peculiarity within American law. General purpose governments—cities and counties—are the local governments controlling schools outside the United States. In the United States itself, these governments control almost all other major local functions. But they do not control education here. Why? Why does American law rely on a separate local government ...


Adverse Interests And Article Iii, Ann Woolhandler 2017 University of Virginia School of Law

Adverse Interests And Article Iii, Ann Woolhandler

Northwestern University Law Review

In an important article in the Yale Law Journal, James Pfander and Daniel Birk claim that adverseness is not required by Article III for cases arising under federal law. This Article takes the position that Pfander and Birk have not made the case for reconsidering adversity requirements for Article III cases. Adverseness may be present when there is adversity of legal interests, even when adverse argument is not present. From this perspective, a number of Pfander and Birk’s examples of non-contentious jurisdiction manifested adverseness. In rem-type proceedings such as bankruptcy and prize cases required the determination of adverse interests ...


Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk 2017 Northwestern Pritzker School of Law

Adverse Interests And Article Iii: A Reply, James E. Pfander, Daniel Birk

Northwestern University Law Review

Scholars and jurists have long sought an explanation for why the Framers of Article III distinguished “Cases” from “Controversies.” In a previous article that cataloged the exercise of federal jurisdiction over uncontested matters, such as pension claims, warrant applications, and naturalization proceedings, we tried to provide an answer to this question. We suggested that, at least as to “cases” arising under federal law, the federal courts could exercise what Roman and civil lawyers called non-contentious jurisdiction or, in the words of Chief Justice Marshall, could hear uncontested claims of right in the form prescribed by law. As for “controversies,” by ...


On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young 2017 Boston College Law School

On What Matters In Comparative Constitutional Law: A Comment On Hirschl, Katharine G. Young

Katharine G. Young

The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl’s Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions ...


Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon 2017 UC Irvine School of Law

Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon

Catherine Fisk

No abstract provided.


A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas 2017 Circuit Court for Baltimore City, Maryland

A Court Pure And Unsullied: Justice In The Justice Trial At Nuremberg, Stephen J. Sfekas

University of Baltimore Law Review

In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign. Modern historiography, however, has revealed the critical importance of the judiciary, the Justice Ministry, and the legal profession to maintaining the stability of the regime.

As an example, although the number of persons confined to concentration camps from 1933 to 1934 rose to as many as 100,000 people, most were quickly released. The number of concentration camp inmates ...


From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas 2017 University of Michigan Law School

From Grace To Grids: Rethinking Due Process Protections For Parole., Paul D. Reingold, Kimberly A. Thomas

Articles

Current due process law gives little protection to prisoners at the point of parole, even though the parole decision, like sentencing, determines whether or not a person will serve more time or will go free. The doctrine regarding parole, which developed mostly in the late 1970s, was based on a judicial understanding of parole as an experimental, subjective, and largely standardless art—rooted in assessing the individual “character” of the potential parolee. In this Article we examine the foundations of the doctrine, and conclude that the due process inquiry at the point of parole should take into account the stark ...


Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez 2017 California State University, Monterey Bay

Telling A Story, Changing The World: California Rural Legal Assistance, Jonathan J. Chavez

Capstone Projects and Master's Theses

This capstone project attempts to provide an in-depth view of how stories influence change in our lives as well as in the field of law.


Grassy Knoll Shots? Limousine Slowdown?, Donald E. Wilkes Jr. 2017 University of Georgia School of Law

Grassy Knoll Shots? Limousine Slowdown?, Donald E. Wilkes Jr.

Popular Media

This article reviews the book Twenty-six Seconds by Alexandrea Zapruder. It also questions whether the only film of the JFK assassination was altered by the CIA.


Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, elizabeth levi 2017 Macalester College

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus ...


The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar 2017 Pepperdine University

The Vice Presidency In Five (Sometimes) Easy Pieces, Vikram David Amar

Pepperdine Law Review

The public perception of the Vice President is that of an individual with little actual authority, but who has the potential to be thrust into the most powerful office in the world. But the modern Vice President has additional responsibilities that many often forget. Contrary to public perception, the Vice President’s role as President of the Senate carries important Constitutional responsibilities, such as the ability to weigh-in with tie-breaking votes in the Senate or preside over impeachment trials. Though overlooked, these are important and powerful responsibilities. Additionally, the Vice President has assumed the role of Presidential “running mate” and ...


Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin 2017 Pepperdine University

Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin

Pepperdine Law Review

A dispute between a federal oversight authority and the Office of the Vice President (OVP) prompted an unprecedented public discussion regarding the proper location and role of the vice presidency when Dick Cheney’s Chief of Staff challenged an audit of classified information on the grounds that the OVP was not an entity within the Executive Branch. The modern role of the Vice President is generally viewed as advisor and supporter of the President, with all executive authority vested in the President. Conversely, the Vice President presides as President of the Senate, casting tie-breaking votes when necessary. This dual role ...


The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner 2017 Pepperdine University

The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner

Pepperdine Law Review

The vice presidency has undergone almost revolutionary change since its inception 227 years ago. Conceived as a convenient solution to a problem created by the Electoral College, the Vice President has only two constitutional functions—to serve as a successor to the President and as the President of the Senate. However, over the past sixty years, vice presidents have become increasingly part of and integral to American governance, and the last three (Al Gore, Dick Cheney, and Joe Biden) have been exceptionally active executive actors. What was once an all-but forgotten office is now an essential part of a president ...


The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese III, Douglas W. Kmiec 2017 Pepperdine University

The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese Iii, Douglas W. Kmiec

Pepperdine Law Review

A round-table discussion among former U.S. Vice President Richard B. Cheney, Caruso Family Professor of Law and retired U.S. Ambassador Douglas Kmiec, and former U.S. Attorney General Edwin Meese III considered the practical implications of conceiving the Vice President as a legislative officer, an executive officer, or both. It was noted that until the second half of the twentieth century, the Office of the Vice President was conceived as legislative. Funding for the Office appeared in budget lines relating to Congress and physically, the Vice President’s office was in the Capitol. Beginning with Walter Mondale’s ...


A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804, Edward J. Larson 2017 Pepperdine University

A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804, Edward J. Larson

Pepperdine Law Review

At the origins of the office, even though the Vice President was, as its first occupant John Adams declared, “only one breath” away from the presidency, the Office of the Vice President was an afterthought of the Constitutional Convention. Never discussed during the first three months of the four-month long Convention, the Committee of Eleven introduced the vice presidency as a byproduct of how it resolved to fix the presidential selection process. Under this process, the Electoral College emerged, with each state assigned the same number of electors as its members in the House of Representatives and Senate. Each elector ...


Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec 2017 Pepperdine University

Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec

Pepperdine Law Review

Is the Vice President an executive officer, a legislative officer, or both? This query has existed since the time of the founding. The question poses more difficulty than one might suppose, and it remains unsettled. It can be convenient to ignore questions that one cannot answer, and thus, the Vice President has been the object of political humor and treated as an appendage without present function. Yet, because we attribute great genius to those who drafted the Constitution, what is the effect of leaving this high-ranking officer without adequate definition or purpose? For the first century and a half of ...


More Than A Ramble: A Law Student's Review Of Hugh G.E. Macmahon's Progress, Stability, And The Struggle For Equality: A Ramble Through The Early Years Of Maine Law, 1820-1920, Christopher Harmon 2017 University of Maine School of Law

More Than A Ramble: A Law Student's Review Of Hugh G.E. Macmahon's Progress, Stability, And The Struggle For Equality: A Ramble Through The Early Years Of Maine Law, 1820-1920, Christopher Harmon

Maine Law Review

Hugh MacMahon’s work, Progress, Stability, and the Struggle for Equality: A Ramble Through the Early Years of Maine Law, 1820–1920, is a thoroughly researched, well-written narrative that provides readers with a glimpse into Maine’s past while making them contemplate legal problems that will persist far into the future. MacMahon maintains a careful balance in his writing, ensuring it is not too dulled down for legal professionals, but not too complex—with superfluous legalese—for laymen. He does a wonderful job introducing legal concepts and demonstrating how those principles were first introduced into the Pine Tree State. Through ...


The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce 2017 University of Maine School of Law

The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce

Maine Law Review

Nearly a century and a half after its adoption, debate continues to rage over the original meaning of the Fourteenth Amendment’s guarantees of basic rights. Of the three clauses in the second sentence of Section One, the latter two (the Due Process and Equal Protection Clauses) loom very large in modern Supreme Court decisions, while the first (the Privileges or Immunities Clause) is of minimal importance, having been invoked only once to strike down a state law. Originalists—those who hold that the Constitution should be interpreted according to its original meaning—have often deplored this state of affairs ...


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