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The Riddle Of Hiram Revels, Richard A. Primus

Articles

In 1870, a black man named Hiram Revels was named to represent Mississippi in the Senate. Senate Democrats objected to seating him and pointed out that the Constitution specifies that no person may be a senator who has not been a citizen of the United States for at least nine years. Before the ratification of the Fourteenth Amendment in 1868, the Democrats argued, Revels had not been a citizen on account of the Supreme Court's 1857 decision in Dred Scott v. Sandford. Thus, even if Revels were a citizen in 1870, he had held that status for only two years. …

Judicial Power And Mobilizable History, Richard A. Primus

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One contribution that law professors can make to constitutional discourse, I suggest, is the nurturing of new mobilizable histories. A "mobilizable history," as I will use the term, is a narrative, image, or other historical source that is sufficiently well-known to the community of constitutional decisionmakers so as to be able to support a credible argument in the discourse of constitutional law. It draws upon materials that are within the collective memory of constitutional interpreters; indeed, a necessary step in nurturing a new mobilizable history is to introduce new information into that collective memory or to raise the prominence of …

Prevention Of Double Deductions Of A Single Loss: Solutions In Search Of A Problem, Douglas A. Kahn, Jeffrey H. Kahn

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In the current tax system, a corporation is treated as a separate taxable entity. This tax system is sometimes referred to as an entity tax or a double tax system. Since a corporation is a separate and distinct entity from its owners, the shareholders, the default rule is that transfers between them are treated as realization events. Without a specific Internal Revenue Code (Code) provision providing otherwise, such transactions will also require the parties to recognize the realized gain or loss. Congress has enacted several nonrecognition corporate provisions when forcing the recognition of income could prevent changes to the form …

But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran

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Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.

Michigan Family Law Research Resources: Review And Update, Barbara H. Garavaglia

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"Family law" includes topics relating to "marriage, divorce, adoption, child custody and support, child abuse and neglect, paternity, juvenile delinquency, and other domestic relations issues,"] including cohabitation and domestic violence. Michigan family law research continues to be facilitated by a combination of print and electronic research resources. As in other areas of law, web-based access to legal research resources in the realm of family law continues to improve and expand, following the general trend in legal publishing toward electronic publication. This article is primarily a review of the web-based resources provided by the Institute of Continuing Legal Education (ICLE), although …

Maiming The Cubs, James J. White

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In the last twenty years much has been written about the deleterious effect that law school has on the mental well-being of law students.' Many have called for "humanizing" law school. In support of their case, the advocates of humanizing cite numerous anecdotes, much scholarly writing in the psychology literature, and even a few rigorous studies of law students. A principal voice is that of Professor Krieger who has done the most careful and elaborate study, a study of students at two law schools.1 You should understand that Professor Krieger and his cohorts do not merely claim that we make …

Dick Wellman -- A Personal Remembrance, Lawrence W. Waggoner

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Dick Wellman was my teacher, mentor, collaborator, colleague, and friend. My law school class at The University of Michigan Law School voted Dick the most enthusiastic member of the faculty, and he was that. Dick devoted his professional life to teaching and scholarship, as most law professors do, but he had another career: Dick was a key player in the Uniform Law Conference,' an organization dedicated to improving private law and promoting legislative uniformity among the states.2

Souter Passant, Scalia Rampant: Combat In The Marsh, Samuel R. Gross

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Kansas law provides that unless a capital sentencing jury concludes that the mitigating factors that apply to the defendant’s crime outweigh the aggravating factors, it must sentence the defendant to death. The Kansas Supreme Court held that this law violates the Eighth and Fourteenth Amendments because it “impermissibly mandates the death penalty when the jury finds that the mitigating and aggravating circumstances are in equipoise.” On June 26, in Kansas v. Marsh, the Supreme Court reversed in a 5 to 4 opinion by Justice Thomas.

Jurisdictional Competition In Criminal Justice: How Much Does It Really Happen?, Samuel R. Gross

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It's a familiar image from American fiction: the bad guy ridden out of town on a rail' or beaten up by the sheriff and dumped on the next train out. Where do they go? Banishment is an age-old form of punishment. In America, where an atomized criminal justice system has survived into the twentyfirst century, we can continue to try to dump our criminals on our near neighbors, and-as Doron Teichman points out in his interesting articlethat is not the only way that American states, counties, and cities can try to reduce their own crime rates by exporting crime elsewhere.3 …

Civil Rights Injunctions Over Time: A Case Study Of Jail And Prison Court Orders, Margo Schlanger

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Lawyers obtained the first federal court orders governing prison and jail conditions in the 1960s. This and other types of civil rights injunctive practice flourished in the 1970s and early 1980s. But a conventional wisdom has developed that such institutional reform litigation peaked long ago and is now moribund. This Article's longitudinal account of jail and prison court-order litigation establishes that, to the contrary, correctional court-order litigation did not decline in the late 1980s and early 1990s. Rather, there was essential continuity from the early 1980s until1996, when enactment of the Prison Litigation Reform Act (PLRA) reduced both the stock …

Taxation And Multinational Activity: New Evidence, New Interpretations, Mihir A. Desai, C. Fritz Foley, James R. Hines Jr.

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In the midst of rapid integration and globalization, multinational firms still face tax systems that differ among countries, and these differences have the potential to affect major investment and financing decisions. This research covers a wide range of topics, including the impact of indirect taxes as well as of corporate income taxes, the sensitivity of financing decisions to tax rates, the effects of taxes on repatriation policies, the demand for, and impact of, tax havens, and the use of indirect ownership as a means of avoiding taxes. The behavior of US multinational firms as revealed by the evidence collected by …

Jewish Law For The Law Librarian, David Hollander

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Mr Hollander provides an introductory guide to the Jewish legal system with the intent of providing law librarians with the basic knowledge necessary to begin to help a patron conduct research in Jewish law.

Supersize Pay, Incentive Compatibility, And The Volatile Shareholder Interest, William Wilson Bratton

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No abstract provided.

A Chloride Selective Calix[4]Arene Optical Sensor Combining Urea Functionality With Pyrene Excimer Transduction, Benjamin Schazmann, Dermot Diamond

Articles

A neutral 2-site chloride selective compound has been developed (3), based on a 1,3- alternate tetrasubstituted calix[4]arene providing a preorganised supramolecular scaffold. The resultant supramolecular cavity is amongst the first to combine urea functional groups bridged with single methylene spacers to pyrene moieties. It combines a naturally and synthetically proven H-bonding system with the elegant ratiometric fluorescent signalling properties of an intramolecular pyrene excimer system, triggered by conformational changes upon anion coordination. The excimer emission of 3 is quenched, with a simultaneous rise in the monomer emission solely by the chloride anion amongst a wide variety of anions tested. 3 …

Found Law, Made Law And Creation: Reconsidering Blackstone's Declaratory Theory, William S. Brewbaker Iii

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The subject of this paper is Blackstones famous declaratory theory of law the claim that judges find the law rather than make it Blackstones claim is widely rejected in the legal academy often because Blackstone is wrongly associated with the brooding omnipresence view of law rejected in cases like Erie Guaranty Trust and Southern Pacific Co v Jensen I argue that Blackstones theory fails for other reasons namely because his account does not square well with law practice as it exists and because his distinction between legislative lawmaking and judicial declaration is ultimately unsustainableDespite its faults Blackstones account of judging …

Consumer Modification Of Copyrighted Works, Alan L. Durham

Articles

Much existing scholarship focuses on the rights of authors to modify copyrighted works this article explores of the rights of consumers Advances in technology are providing consumers new opportunities to alter copyrighted works for their private enjoyment The recent dispute involving the ClearPlay technology for skipping offensive content in DVDs demonstrates how important and how controversial the clash of interests between authors and consumers may be In this article I consider the state of the law on consumer modifications and the arguments both economic and noneconomic for expanding or restricting the freedom of consumers A distinction can be drawn between …

Computing The Folkman Number F_V(2,2,3;4), Jonathan Coles, Stanislaw Radziszowski

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We discuss a branch of Ramsey theory concerning vertex Folkman numbers and how computer algorithms have been used to compute a new Folkman number. We write G ! (a1, . . . , ak)v if for every vertex k-coloring of an undirected simple graph G, a monochromatic Kai is forced in color i 2 {1, . . . , k}. The vertex Folkman number is defined as Fv(a1, . . . , ak; p) = min{|V (G)| : G ! (a1, . . . , ak)v ^ Kp 6 G}. Folkman showed in 1970 that this number exists for p …

The Acs Virgo Cluster Survey. Viii. The Nuclei Of Early-Type Galaxies, Patrick Côté, Slawomir Piatek, Laura Ferrarese, Andrés Jordán, David Merritt, Eric W. Peng, Monica Haşegan, John P. Blakeslee, Simona Mei, Michael J. West, Miloš Milosavljević, John L. Tonry

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The ACS Virgo Cluster Survey is a Hubble Space Telescope program to obtain high-resolution imaging, in widely separated bandpasses (F475W ≈ g and F850LP ≈ z), for 100 early-type members of the Virgo Cluster, spanning a range of ≈ 460 in blue luminosity. We use this large, homogenous dataset to examine the innermost structure of these galaxies and to characterize the properties of their compact central nuclei. We present a sharp upward revision in the frequency of nucleation in early-type galaxies brighter than MB ≈ −15 (66 . fn . 82%) and show that ground-based surveys underestimated the number of …

The Acs Virgo Cluster Survey. Vi. Isophotal Analysis And The Structure Of Early-Type Galaxies, Laura Ferrarese, Patrick Côté, Andrés Jordán, Eric W. Peng, John P. Blakeslee, Slawomir Piatek, Simona Mei, David Merritt, Miloš Milosavljević, John L. Tonry, Michael J. West

Articles

We present a detailed analysis of the morphology, isophotal parameters and surface brightness profiles for 100 early-type members of the Virgo Cluster, from dwarfs (MB = −15.1 mag) to giants (MB = −21.8 mag). Each galaxy has been imaged in two filters, closely resembling the Sloan g and z passbands, using the Advanced Camera for Surveys on board the Hubble Space Telescope. Dust and complex morphological structures are common. Dust is detected in as many as 18, preferentially bright, galaxies. The incidence rate in the 26 galaxies brighter than BT = 12.15 mag, which form a magnitude limited sample, is …

Analysis Of Paper Gloss, Jonathan Arney, Ling Ye, Jiff Wible

Articles

Standard techniques for the measurement of paper gloss are capable of providing highly repeatable indices of the gloss phenomenon. However, it is well known that the gloss phenomenon involves more than can be represented by a single number. A recently developed instrument called a microgoniophotometer has been applied to the characterization of paper gloss. The Bi-directional Reflectance Distribution Function (BRDF) plots generated by this device were shown to be related quantitatively and directly to Fresnel's law of specular reflection and to the surface roughness of the sample. Unlike standard gloss meter measurements, the BRDF enables the analyst to distinguish between …

De'via: Investigating Deaf Visual Art, Patricia Durr

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Deaf studies courses and programs often put a heavy emphasis on five main characteristics of Deaf culture: language, behavior/norms, values/beliefs, tradition/heritage and possessions. Within the last category, possessions, the focus is usually on material culture since Deaf culture does not have specific food, clothing, or music associated with its people. Hence things like TTYs, flashing lights, close captions, and interpreters are studied- most of these are access related. Unfortunately a critical component of Deaf cultural possessions-art-is often overlooked or uninvestigated. Betty G. Miller, the first known Deaf American to exhibit art about the Deaf experience, stated, "some Deaf artists feel …

Introduction To Shadowgraph And Schlieren Imaging, Andrew Davidhazy

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This is an illustrated narrative prepared as the guide to a slide show covering, in a simplified fashion, the optical operating principles associated with shadowgraph and schlieren imaging. This is also available as a PDF document about 3 Mb in size. Added here in August 2006.

Seminar: Art And Intentions, Caitlin O'Donnell, Jesus Aguilar

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No abstract provided.

Orientalism And Religion In The Romantic Era-Rammohan Ray’S Vedanta(S), Amit Ray

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Abstract:

This chapter examines how Raja Rammohan Ray utilized Vedanta philosophy as a strategic response to colonial critiques of Hinduism during the early nineteenth century. Ray emerged as a pivotal figure who navigated between British orientalist discourse and Indian religious reform, employing Advaita Vedanta to counter accusations of idolatry and polytheism leveled against Hindu practices. The analysis demonstrates how Ray's translations of the Upanishads and his promotion of Vedantic monotheism served dual purposes: defending indigenous civilization against missionary attacks while accommodating European notions of rational religion. Ray's approach involved significant textual interventions, including rendering the neuter brahman as masculine "God" …

The (Legal) Pains Of Vioxx: Why Product Liability Can Make Products More Dangerous, Omri Ben-Shahar

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Comparing the experience of Vioxx and Celebrex leads Omri Ben-Shahar to think that stiff product liability has the perverse effect of inducing manufacturers of defective products to leave these products on the market, rather than withdraw them.

Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

The importance of expediting the placement of foster children into permanent homes has emerged as a dominant theme in child welfare policy. Identifying and finalizing legally secure placements provides children with psychological stability and a sense of belonging, and limits the likelihood of future disruptions of familial relationships. Upon a child's entry into foster care, child welfare agencies, under both federal and state laws, are compelled to develop a detailed plan to ensure a child's prompt placement into such a home. If a parent is unable to rectify the conditions causing the child's placement in foster care within a year, …

Abuse Prevention 2005, James J. White

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Today I do not debate the empirical question (what is the cause of the increase in bankruptcy filings?) nor do I address the buried moral question (who deserves the protection of bankruptcy law?). Rather, I speculate about the consequences of 2005 amendments to the Bankruptcy Code and about the reasons it will achieve or fail to achieve the goals of its sponsors. Along the way I hope to learn something about how law changes, or fails to change behavior.

Offshore Outsourcing And Worker Rights, Theodore J. St. Antoine

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For the workers in the Rust Belt of the United States, concentrated in Southern New England, Western New York State, Pennsylvania, Ohio, Michigan, Indiana, and Illinois, it doesn't make much difference whether their jobs are outsourced or lost to North Carolina or Mexico or China. In any event the sources of income that have existed for generations are gone and the economic and psychic pains are much the same. Nonetheless, for purposes of national policy it plainly matters whether the work is moving to another part of the country or is leaving the United States entirely. I am going to …

Using Court Records For Research, Teaching, And Policymaking: The Civil Rights Litigation Clearinghouse, Margo Schlanger, Denise Lieberman

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The National Archives and Records Administration (NARA) is, wisely, planning the future of its enormous collection of relatively recent court records. The pertinent regulation, a “records disposition schedule” first issued in 1995 by the Judicial Conference of the United States in consultation with NARA, commits the Archives to keeping, permanently, all case files dated 1969 or earlier; all case files dated 1970 or later in which a trial was held, and “any civil case file which NARA has determined in consultation with court officials to have historical value.” Other files may be destroyed 20 years after they enter the federal …

Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott

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This comparative study between the quest for political racial inclusivity in 1890s Louisiana and the fight against state-sanctioned racialized violence in Cuba in the early 1900s exposes similarities, tensions, and differences between the two systems. The article traces the evolving contests for citizenship and suffrage in each climate at the end of the 19th century and into the beginning of the twentieth, juxtaposing the expression of race, suffrage, and citizenship in the constitution and political climate of each locale. In 1898, the new Louisiana state constitution disenfranchised African-Americans, while in 1900 Cuba was positioning itself for a grant of universal …