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Articles 241 - 270 of 1722
Full-Text Articles in Entire DC Network
Criminal Disenfranchisement In State Constitutions: A Marker Of Exclusion, Punitiveness, And Fragile Citizenship, Nora V. Demleitner
Criminal Disenfranchisement In State Constitutions: A Marker Of Exclusion, Punitiveness, And Fragile Citizenship, Nora V. Demleitner
Lewis & Clark Law Review
Many states prominently include criminal disenfranchisement provisions in their constitutions, which powerfully, and more permanently than state laws, convey the states’ values. These provisions also underscore the ease with which the protected status of citizenship, most pronounced in the right to vote, can be lost. Using the debate in Virginia over how to change the state’s constitution to limit disenfranchisement as a starting point, this Article highlights the need for inclusive voting provisions in state constitutions to reflect a broad conception of citizenship rights and the expansion of the franchise over the last century. Reform demands must be seen in …
A Sanctuary World: Understanding The Past, Present, And Future Of Sanctuary Movements, Annaleigh Cummings
A Sanctuary World: Understanding The Past, Present, And Future Of Sanctuary Movements, Annaleigh Cummings
Undergraduate Theses
In the late 1970s through the 1980s, sanctuary movements emerged in the United States to support and provide sanctuary for immigrants and asylum seekers without a legal status of U.S. citizenship. This movement has its roots in the ancient church tradition of offering sanctuary to people accused of crimes. Religious leaders offered protection against the government in the name of their beliefs. It is a cycle that has often been repeated throughout history from the medieval European era to abolitionists helping runaway enslaved people in the United States to the contemporary movements existing today. This project explores and analyzes three …
The Lost History Of Delegation At The Founding, Christine Chabot
The Lost History Of Delegation At The Founding, Christine Chabot
Georgia Law Review
The new Supreme Court is poised to bring the administrative state to a grinding halt. Five Justices have endorsed Justice Gorsuch’s dissent in Gundy v. United States—an opinion that threatens to invalidate countless regulatory statutes in which Congress has delegated significant policymaking authority to the Executive Branch. Justice Gorsuch claimed that the “text and history” of the Constitution required the Court to replace a longstanding constitutional doctrine that permits broad delegations with a more restrictive one. But the supposedly originalist arguments advanced by Justice Gorsuch and like-minded scholars run counter to the understandings of delegation that prevailed in the Founding …
Defeat Mechanisms In Modern Warfare, Frank Hoffman
Defeat Mechanisms In Modern Warfare, Frank Hoffman
The US Army War College Quarterly: Parameters
This article explores the current debate about service and Joint operating concepts, starting with the Army’s multi-domain operations concept. It argues for adaptations to an old operational design technique—defeat mechanisms; updates to Joint and service planning doctrine; and discipline regarding emerging concepts. Rather than debate over attrition versus maneuver, combinations of a suite of defeat mechanisms should be applied to gain victory in the future.
The Criminalization Of Foreign Relations, Steven Arrigg Koh
The Criminalization Of Foreign Relations, Steven Arrigg Koh
Fordham Law Review
Overcriminalization has rightly generated national condemnation among policymakers, scholars, and practitioners alike. And yet, such scholarship often assumes that the encroachment of criminal justice stops at our borders. This Article argues that our foreign relations are also at risk of overcriminalization due to overzealous prosecution, overreaching legislation, and presidential politicization—and that this may be particularly problematic when U.S. criminal justice supplants certain nonpenal U.S. foreign policies abroad. This Article proposes three key reforms—presidential distancing, prosecutorial integration, and legislative de-escalation—to assure a principled place for criminal justice in foreign relations.
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
The Scholar: St. Mary's Law Review on Race and Social Justice
Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …
The Evolution, Expansion, And Effects Of Intellectual Property Rights At American Higher Education Institutions: A Historical Context Of Legislation And Case Law At Harvard And Yale Universities, Lucia Antoinette Shipley
The Evolution, Expansion, And Effects Of Intellectual Property Rights At American Higher Education Institutions: A Historical Context Of Legislation And Case Law At Harvard And Yale Universities, Lucia Antoinette Shipley
Doctoral Dissertations and Projects
This dissertation used a historical research method to examine the rise of the centuries-long complex construct of intellectual property ownership through the lenses of American institutions of higher learning and the American legal system, the latter of which attributing its involvement in intellectual property rights once the principle of ownership became equated with the profit of ownership. Because universities are the traditional factories for innovation, this phenomenon within this expanse of time can be better understood by focusing on two historical research institutions. The universities of Harvard and Yale were explored due to their operational and intellectual property experiences mirroring …
The Second Amendment In A Carceral State, Alice Ristroph
The Second Amendment In A Carceral State, Alice Ristroph
Northwestern University Law Review
No abstract provided.
Judicial Biography In The British Empire, Victoria Barnes, Emily Whewell
Judicial Biography In The British Empire, Victoria Barnes, Emily Whewell
Indiana Journal of Global Legal Studies
This article adds to the biographic ''turn" in legal studies. While there is a large body of scholarship examining judges in the United States and the United Kingdom, comparatively little is written on their legal counterparts in the common law world. What can judicial biographies offer for comparative law? Do these studies generate useful information about the movement of law? What can be gained by a better awareness of the lives of those at the top of the colonial legal profession? This article shows that within the common law world, judges, like those in the United States and the United …
Fighting The Resource Curse: The Rights Of Citizens Over Natural Resources, Leif Wenar, Jeremie Gilbert
Fighting The Resource Curse: The Rights Of Citizens Over Natural Resources, Leif Wenar, Jeremie Gilbert
Northwestern Journal of Human Rights
Respect for the rights of peoples over natural resources is crucial for the flourishing of communities and states. This article confirms that international law ascribes robust resource rights both to indigenous peoples and to citizens of independent states. These resource rights include indigenous peoples’ right to free, prior, and informed consent and citizens’ rights that resource revenues are never used corruptly but are used first to secure their means of subsistence. Resource rights are human rights, respect for which requires substantial reforms in the practices of corporations and investors as well as in the laws of resource-importing and resource-exporting states.
Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen
Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen
Foreign Languages & Literatures ETDs
The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
University Honors Theses
In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
The Ill-Treatment Of Their Countrywoman: Liberated African Women, Violence, And Power In Tortola, 1807–1834, Arianna Browne
Master's Theses
In 1807, Parliament passed an Act to abolish the slave trade, leading to the Royal Navy’s campaign of policing international waters and seizing ships suspected of illegal trading. As the Royal Navy captured slave ships as prizes of war and condemned enslaved Africans to Vice-Admiralty courts, formerly enslaved Africans became “captured negroes” or “liberated Africans,” making the subjects in the British colonies. This work, which takes a microhistorical approach to investigate the everyday experiences of liberated Africans in Tortola during the early nineteenth century, focuses on the violent conditions of liberated African women, demonstrating that abolition consisted of violent contradictions …
"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus
"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus
University of Cincinnati Law Review
No abstract provided.
Parameters Summer 2021, Usawc Press
Parameters Summer 2021, Usawc Press
The US Army War College Quarterly: Parameters
The US Army War College Quarterly, Parameters, is a refereed forum for contemporary strategy and Landpower issues. It furthers the education and professional development of senior military officers and members of government and academia concerned with national security affairs.
Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane
Matthew Ridgway And The Value Of Persistent Dissent, Conrad C. Crane
The US Army War College Quarterly: Parameters
Army General Matthew Ridgway’s actions throughout his career provide a valuable example of the appropriate time and place for serious dissent by military leaders. Ridgway demonstrated the importance of selectively and pragmatically expressing open disagreement in response to operational decisions a military leader deems unnecessarily risk American lives and economic resources
Regional Disputation Between North Halmahera And West Halmahera Regencies, 2003-2010, Liliane Mojau
Regional Disputation Between North Halmahera And West Halmahera Regencies, 2003-2010, Liliane Mojau
International Review of Humanities Studies
Ideally, the proliferation of the administrative region is aimed at improving the welfare of society. In reality, the proliferation of the administrative region often triggers the regional disputation. The regional disputation between the North Halmahera and the West Halmahera regencies is one of the cases that took a long time. There are six villages that contested in this regional disputation, namely Dum-Dum, Gamsungi/Akesahu, Akelamo Kao, Tetewang, Bobane Igo, and Pasir Putih. At first, the government of the North Halmahera and the West Halmahera regencies coordinated to settle their region boundaries. But it develops to the status issue of the six …
Public History: An Effort To Increase Indonesian Historical Consciousness During Covid-19 Pandemi, Abdurakhman Abdurakhman, Syahidah Sumayyah Rahman
Public History: An Effort To Increase Indonesian Historical Consciousness During Covid-19 Pandemi, Abdurakhman Abdurakhman, Syahidah Sumayyah Rahman
International Review of Humanities Studies
The writing of public history has become one of the methods of history that have developed and are in great demand. The difference between history in general and public history is the selection of groups that are used as research sources. Through this research, the author find that public history can be used as a way to raise historical consciousness in Indonesia. Historical Consciousness relates to thinking of ourself in time as historical beings and being aware of belonging to a specific group with a particular history and identity. The current global pandemic presents a challenge for historians. Documenting the …
Italian Ambitions In Syria And Lebanon (1870-1945), Ahmad Alshrideh
Italian Ambitions In Syria And Lebanon (1870-1945), Ahmad Alshrideh
Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات
The aim of this study is to clarify the Italian Ambitions in Syria and Lebanon (1870-1945), and shows the Italian orientation in this region, and to know the Italian methods to achieve its ambitions. The study talks about the Italian movement towards Lebanon, and the Italians Intervention in Lebanese civil war 1860. Finally, the study recalls the Italian claims her mandate to Syria and Lebanon as an alternative to the French mandate. The study concluded that, despite Italys efforts to achieve its ambitions in Syria and Lebanon, it deeply collides with the legacy institutions that established by England and France …
L’Émergence D’Une Monarchie Française Indépendante, 1100-1314 : Le Rejet De La Suprématie Papale, Kent Mcneil
L’Émergence D’Une Monarchie Française Indépendante, 1100-1314 : Le Rejet De La Suprématie Papale, Kent Mcneil
Articles & Book Chapters
The struggle between the Pope and secular rulers of Western Europe for political supremacy was a dominant theme in the medieval world. The kings of France and England in particular asserted their authority and independence, leading to the development of nation states. This form of political organization was standardized in Europe in 1648 by the Peace of Westphalia and exported to the rest of the world through colonialism. This article tells the story of the power struggle between the Pope and the kings of France, from which the kings emerged victorious, contributing to the creation of the modern world.
Rebellion, Rascals, And Revenue: Pleasingly Gaudy And Preposterous, Reuven S. Avi-Yonah
Rebellion, Rascals, And Revenue: Pleasingly Gaudy And Preposterous, Reuven S. Avi-Yonah
Law & Economics Working Papers
Michael Keen and Joel Slemrod’s REBELLION, RASCALS AND REVENUE: TAX FOLLIES AND WISDOM THROUGH THE AGES (Princeton University Press, 2021) is a wonderful book, which should be read by any student of taxation. To most tax policy makers and academics, tax history may seem a bit arcane, because they believe that the study of taxation and especially public finance economics is a story of progress and that we know better how to design good tax systems than our ancestors. To this attitude, Keen and Slemrod offer a decisive rejoinder: We do not necessarily understand taxation better than our predecessors, and …
Acid Rain: The Use Of Diplomacy, Policy And The Courts To Solve A Transboundary Pollution Problem, Shawn M. Rosso
Acid Rain: The Use Of Diplomacy, Policy And The Courts To Solve A Transboundary Pollution Problem, Shawn M. Rosso
Journal of Natural Resources & Environmental Law
No abstract provided.
Democratizing Education Rights, Joshua E. Weishart
Democratizing Education Rights, Joshua E. Weishart
William & Mary Bill of Rights Journal
If the United States is to reverse its creeping, illiberal descent, generations of youth must emerge from this tribal, post-truth, pandemic-shattered era to mend democracy. Hope for that uncertain future lies in re-engineering how schoolchildren learn democracy-- not from a civics textbook but by experiencing it in the classroom. The sad irony is that we still lack a knowledge base, grounded in research, for that type of democratic education. Nearly two and a half centuries into the republic's existence, our commitment to democratic education is honored more in the breach than in observance. And our uninformed, polarized, and disaffected electorate …
Normativity And Objectivity In Historical Writing (My Dinner With Schlegel), Matt Steilen
Normativity And Objectivity In Historical Writing (My Dinner With Schlegel), Matt Steilen
Buffalo Law Review
No abstract provided.
Original Constitutionalist: Reconstructing Richard S. Kay’S Scholarship, Yaniv Roznai
Original Constitutionalist: Reconstructing Richard S. Kay’S Scholarship, Yaniv Roznai
Connecticut Law Review
No abstract provided.
The Second Amendment In A Carceral State, Alice Ristroph
The Second Amendment In A Carceral State, Alice Ristroph
Faculty Scholarship
No abstract provided.
Fiscal Geography, Eric A. San Juan
Fiscal Geography, Eric A. San Juan
University of Florida Journal of Law & Public Policy
No abstract provided.
Foucault’S Keystone: Confessions Of The Flesh, Bernard E. Harcourt
Foucault’S Keystone: Confessions Of The Flesh, Bernard E. Harcourt
Faculty Scholarship
The fourth and final volume of The History of Sexuality offers the keystone to Michel Foucault’s critique of Western neoliberal societies. Confessions of the Flesh provides the heretofore missing link that ties Foucault’s late writings on subjectivity to his earlier critique of power. Foucault identifies in Augustine’s treatment of marital sexual relations the moment of birth of the modern legal actor and of the legalization of social relations. With the appearance of the modern legal subject, Foucault’s critique of modern Western societies is complete: it is now possible to see how the later emergence of an all-knowing homo oeconomicus strips …
The Lost History Of Delegation At The Founding, Christine Chabot
The Lost History Of Delegation At The Founding, Christine Chabot
Faculty Publications & Other Works
The new Supreme Court is poised to bring the administrative state to a grinding halt. Five Justices have endorsed Justice Gorsuch's dissent in Gundy v. United States--an opinion that threatens to invalidate countless regulatory statutes in which Congress has delegated significant policymaking authority to the Executive Branch. Justice Gorsuch claimed that the “text and history” of the Constitution required the Court to replace a longstanding constitutional doctrine that permits broad delegations with a more restrictive one. But the supposedly originalist arguments advanced by Justice Gorsuch and like-minded scholars run counter to the understandings of delegation that prevailed in the Founding …
"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus
"Our Most Sacred Legal Commitments": A Digital Exploration Of The U.S. Supreme Court Defining Who We Are And How They Should Opine, Eric C. Nystrom, David S. Tanenhaus
Scholarly Works
This Article focuses on uncovering the multiple meanings of the word "our" in the published opinions of the U.S. Supreme Court from Chisholm to modern times. To do so, we use a digital legal history approach, combining robust court data, text mining techniques, and expert word classification, using a set of custom open-source tools and open data.