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Foreword: Looking Back, Moving Forward: Latin Roots Of The Modern Global And Global Orientation Of Latcrit, Tayyab Mahmud

Seattle Journal for Social Justice

No abstract provided.

A People’S History Of Collective Action Clauses, Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

For two decades, collective action clauses (CACs) have been part of the official-sector response to sovereign debt crisis, justified by claims that these clauses can help prevent bailouts and shift the burden of restructuring onto the private sector. Reform efforts in the 1990s and 2000s focused on CACs. So do efforts in the Eurozone today. CACs have even been suggested as the cure for the US municipal bond market. But bonds without CACs are still issued in major markets, so reformers feel obliged to explain why they know better. Over time, a narrative has emerged to justify pro-CAC reforms. It …

Charles A. Beard & The Columbia School Of Political Economy: Revisiting The Intellectual Roots Of The Beardian Thesis, Ajay K. Mehrotra

Articles by Maurer Faculty

A century after it was first published, Charles A. Beard’s An Economic Interpretation of the Constitution remains a significant and controversial part of constitutional scholarship and history. Just as Beard sought to historicize the Founders as they drafted and adopted the Constitution, this article attempts to historicize Beard as he researched and wrote his classic text on the Constitution. Because Beard was both a graduate student and professor at Columbia University before and while he researched and wrote his book, this article explores the particular influence that Columbia University’s institutional and intellectual climate may have had on Beard and the …

Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace

Articles by Maurer Faculty

No abstract provided.

Plight Of Black Farmers In The Context Of Usda Farm Loan Programs: A Research Agenda For The Future, Shakara S. Tyler, Eddie A. Moore

Professional Agricultural Workers Journal

Black farmers remain an underdeveloped topic in academic literature. This historical study used a historical research methodology to assess the plight of Black farmers in the context of United States Department of Agriculture (USDA) farm loan programs and offered an array of future research recommendations. We investigated the severity of the plight of Black farmers in the context of USDA farm loan programs with an emphasis on effective and responsive leadership in relation to four elements: 1) legislative initiatives, 2) policy initiatives, 3) USDA structure and delivery systems, and the 4) Pigford v. Glickman class action and consent decree. We …

Captive Markets, Leah A. Plunkett

UC Law Journal

Modern county jails have increasingly adopted policies to bill their inmates for some or all of the costs of their room and board. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly seventy percent of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions—such as fines and penalties, restitution, taxes, and fees—it usually belongs to a distinct model that this Article calls the “government-imposed loan.” This Article provides an overview of the landscape of pay-to-stay programs and …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Vol. 45, No. 09 (November 4, 2013)

Indiana Law Annotated

No abstract provided.

“Hidden In Plain Sight”: Locating The Men And Women Of The 1954 Boston Special Youth Program, Richard K. Moule Jr., Scott H. Decker

Qualitative Criminology (QC)

"The growing prevalence of longitudinal research in the social sciences, coupled with technological advances, provide new opportunities for researchers to more readily find participants from earlier studies. In addition, these advances necessitate the development of new strategies and methodologies for locating and building rapport with respondents. Drawing on previous methods of subject identification and location, this paper examines techniques for locating and interviewing former gang members from the 1954-1957 Special Youth Program in Roxbury, MA. In contrast to most longitudinal studies, (1) more than 50 years have passed since the original study with no contact with respondents in the interim, …

The Legitimacy Of The Contracting State, Andreas Abegg

Law and Contemporary Problems

No abstract provided.

A Long View Of The Supreme Court’S Influence Over Supreme Court Appointments, Christine Kexel Chabot

UC Law Journal

This Article offers the first empirical analysis of the Senate’s role in constraining presidents’ choices of Supreme Court nominees over an extended historical period. It considers ideologies of Senates faced by nominating presidents and measures whether the ideologies of these Senates predict Justices’ voting behavior. The analysis substantially qualifies earlier understandings of senatorial constraint.Earlier empirical studies consider only limited numbers of recent nominees. They suggest that the Senate has constrained presidents’ choices, and many scholars theorize that the Senate has enhanced its role in the appointments process since the 1950s. Analysis of a larger group of nominees shows that the …

The Quest To Implant The Civilian Method In Louisiana: Tracing The Origins Of Judicial Methodology, Vernon Valentine Palmer

Louisiana Law Review

The article presents a speech by the author, who is the Co-Director of the Eason Weinmann Center for Comparative Law, Tulane University, delivered at the 36th Annual Tucker Lecture, held at the Paul M. Hebert Law Center, Louisiana State University on November 17, 2011, in which he discussed Louisiana's civil law and justice administration, and reflected on Roman-Spanish law in this context.

Evidence Issues In Indian Law Cases, Taylor S. Fielding

American Indian Law Journal

No abstract provided.

The Legislative Purposes And Intent Of The Common Levy In Nebraska’S Learning Community, Matthew L. Blomstedt

Department of Educational Administration: Dissertations, Theses, and Student Research

The purpose of this historical study was to establish the purposes and intent of the common levy in Nebraska’s learning community. The development of this unique regional educational structure consisting of eleven school districts in the Omaha, Nebraska metropolitan area is central to the study. The research detailed the context of the decisions made by the Nebraska Legislature to establish and implement the learning community law from 2005 and 2012. Specifically, the study focused on the establishment of a regional tax base, the common levy, as a response to boundary and finance instability that persisted in the Omaha area. The …

Trial By Theory: A Response To Acharya's "Law's Treatment Of Science: From Idealization To Understanding", Gary Edmond, Kent Roach

Dalhousie Law Journal

Adopting a pragmatic and empirically sensitive approach to the use of forensic science and medicine, this essay defends Edmond and Roach's "AContextual Approach to the Admissibility of the State's Forensic Science and Medical Evidence." The authors reiterate their concerns about idealized approaches to science and expertise and question the utility of philosophically-driven and essentialist models of science for legal practice. In detail the essay explains why privileging process over outcomes in the criminal process (andeven perpetuating the dichotomy) is misguided. The authors affirm the importance of factual accuracy and the socio-institutional illegitimacy generated by wrongful convictions. Drawing upon recent inquiries …

Casting A New Mold: The Story Of The Iron Molders’ International Union And The Organization Of National Labor, Jason Dedeker

Journal of Interdisciplinary Undergraduate Research

The doings of the labor movement during the Civil War were crucial in the development of the great time of unions at the turn of the 19th-century. While the nation was focused on the issue of slavery, the free labor force of the North strove for improved working conditions and more power in the workplace. Workers and the unions they formed faced unique challenges in the Civil War era. The international labor community found the problem of slavery more pressing than the plight of Northern workers. The United States government, comprised mainly of Republicans, discouraged the tactics and goals of …

Evidence-Based Federal Civil Rulemaking: A New Contemporaneous Case Coding Rule, Will Rhee

Pace Law Review

This Article proposes a new Federal Rule concerning the federal courts’ online case management/electronic case filing system (CM/ECF). Whenever a party, the court clerk, or the presiding judge in a civil lawsuit electronically files a document, the Model Rule requires her to answer standardized online questions about that document. These questions are limited to indisputable factual information about case-related outcomes. By answering these questions, the filer codes research variables contemporaneously with the filing of every document. Such mandatory contemporaneous coding would provide comprehensive, reliable, and inexpensive descriptive empirical data6 for evidence-based rulemaking. This Federal Courts CM/ECF Descriptive Dataset should be …

Code-Ifying Copyright: An Architectural Solution To Digitally Expanding The First Sale Doctrine, Evan Hess

Fordham Law Review

   As the internet blossomed into ubiquity, piracy mushroomed with it. To control the threat, Congress passed the Digital Millennium Copyright Act (DMCA). The DMCA created a number of safeguards for copyright holders. But the DMCA purposely ignored whether copyright holders could restrict future transfers of their legally purchased work—a concept known in physical property as the “first sale doctrine.” As a result, copyright holders began using licenses to control future transfers of their digital property.

   This was not the first time copyright holders have attempted to gain greater control over their work. The history of copyright law demonstrates a pattern …

Criminal Defense Lawyer Moneyball: A Demonstration Project, Ronald F. Wright, Ralph A. Peeples

Washington and Lee Law Review

No abstract provided.

Expanding The Role Of The Victim In A Criminal Action: An Overview Of Issues And Problems , Josephine Gittler

Pepperdine Law Review

There is a growing recognition that crime victims have identifiable interests of sufficient legitimacy and significance to justify expanding their role in criminal proceedings beyond that as a mere non-party witness. This article traces the history of the victim in society and suggests reforms which will help to place the crime victim back into a more meaningful position in the American criminal justice system. Comparisons are made between differing state, national, and international victim programs and the author provides some well-needed insight into the costs and benefits of implementing new ideas which would assist in redefining the role of the …

Justice O'Connor And The First Amendment 1981-84, Edward V. Heck, Paula C. Arledge

Pepperdine Law Review

No abstract provided.

The Study Of International Law In The Spanish Short Nineteenth Century, Ignacio De La Rasilla Del Moral

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Captive Markets, Leah A. Plunkett

Law Faculty Scholarship

Today, inmates in county jails nationwide are billed for some or all of the costs of their room-and-board behind bars. Statutes authorizing counties to implement these “pay-to-stay” programs are on the books in roughly 70% of states, yet the financial mechanism on which these programs typically rely is not well understood. Although the pay-to-stay obligation bears some resemblance to familiar citizen-state financial transactions — such as fines and penalties, restitution, taxes, and fees — it in fact usually belongs to a distinct model that this Article calls the “government-imposed-loan.” This Article provides an overview of the landscape of pay-to-stay programs …

The Personal Is Political: On Twentieth Century Activist Lawyers In The United States, Michael Mccann

Tulsa Law Review

Reviewing Kenneth W. Mack, Representing the Race: The Creation of The Civil rights Lawyer (201), and Leigh Ann Wheeler, How Sex Became a Civil Liberty (2012).

Law, The American Corporation, And Society, Fenner Leland Stewart Jr.

PhD Dissertations

This book explores how American legal scholarship treats the corporation by providing a history of American corporate legal theory, a history of corporate (social) responsibility from the perspective of the Berle–Dodd debate, an analysis of how legal scholars understand corporate lawmaking in America, and an initial inquiry into how the prevailing opinions about the corporation are realized in the context of a critical assessment of whether or not this resulting corporate governance holds the potential to compliment the efforts of new governance regulators. This book consists of four essays about American corporate governance. Three essays trace how three particular presumptions …

Why Eu Legal History Matters--A Historian's Response, Bill Davies

American University International Law Review

No abstract provided.

"That Indispensable Figment Of The Legal Mind": The Contract Of Employment At Common Law In Ontario, 1890-1979, Claire Isabel Mummé

PhD Dissertations

“The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and the subordination may be concealed by the indispensable figment of the legal mind known as the 'contract of employment'.” Otto Kahn-Freund , Labour and the Law (London: Stevens, 1977). This study examines the legal evolution of the common law of employment contracts in Ontario between the 1890s and …

Medicaid Managed Long-Term Care: Is Florida Ready, Rebecca C. Bell

St. Thomas Law Review

Medicaid is a nationwide health insurance program, created in 1965 as Title XIX of the Social Security Act for the poorest and sickest individuals. The Medicaid program operates through a federal and state partnership with the Centers for Medicare and Medicaid Services ("CMS") providing federal oversight. States must provide coverage of certain groups and services in order to receive federal funds for their Medicaid programs. However, states may include additional "optional" groups and services in each state plan. States use different methods of service delivery to Medicaid beneficiaries. In July 2011, a national average of 74.22% of Medicaid beneficiaries were …

An (Un)Common Frame Of Reference: An American Perspective On The Jurisprudence Of The Cesl, Lisa Bernstein

Articles

No abstract provided.

Rewriting The History Of European Public Law: The New Contribution Of Historians, Morten Rasmussen

American University International Law Review

No abstract provided.