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2014

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Full-Text Articles in Legal

Guide To Ac016 - Chicago-Kent News, Jona Whipple Jan 2014

Guide To Ac016 - Chicago-Kent News, Jona Whipple

Finding Aids

Chicago-Kent News, 1935-1937

From 1935 through 1944, two members of the faculty, Harry Osgood and Roger Severns, published an eight-page journal, the Chicago-Kent News. Half of the journal was dedicated to notes concerning alumni, including letters of guidance and inspiration from notably successful alums, and the remainder dealt with current activities at Chicago-Kent. The journal did not contain jokes, cartoons, or other light material — it was primarily for public relations purposes. Only seven issues were published.


Guide To Ac020 - Records Of The Board Of Trustees, Jona Whipple Jan 2014

Guide To Ac020 - Records Of The Board Of Trustees, Jona Whipple

Finding Aids

Records of the Board of Trustees, 1936-1970

The Chicago-Kent College of Law Board of Trustees was responsible for financial management and the overarching policies that guided the trajectory of the university. By 1936, the earliest of records in existence, 5 trustee members were elected annually. Duties remained the same over time with the exception of increased committee activity in later years, beginning in the late 1950s. At some point between the years of 1954 and 1958, records of meeting minutes indicate a change in name from Board of Trustees to Board of Trustees, Directors and Members, and an increase in …


Guide To Ac019 - Records Of The Advisory Board, Jona Whipple Jan 2014

Guide To Ac019 - Records Of The Advisory Board, Jona Whipple

Finding Aids

Records of the Advisory Board, 1968-1975

The Chicago-Kent College of Law Advisory Board was formed in 1969 when Chicago-Kent College of Law became a part of IIT. Upon the merger, the Board was formed from the 18 members of the former Chicago-Kent Board of Trustees and was intended to govern the school based on assignments from IIT. The board was discontinued in the late 1970s.

The first elected chairman of the Advisory Board was E. Douglas Schwantes (‘29) until February 1970, followed by Clair W. Furlong (’26) until November 1970, when David A. Vogel (’51) became the final chairman.

Related …


Guide To Ac018 - Records Of The Board Of Overseers, Jona Whipple Jan 2014

Guide To Ac018 - Records Of The Board Of Overseers, Jona Whipple

Finding Aids

Records of the Board of Overseers, 1990-1997

The Chicago-Kent Board of Overseers is an advisory body responsible for government of the law school. Much of the work of the Board of Overseers took place through smaller committees, such as the Dean Search Committee, Student Life Committee, Development Committee, Library Committee, and Membership Committee. In the early 90s, board members were selected by members to serve 1 or 3-year terms, with six ex-officio members.

The chairman of the Board of Overseers in 1990 was David B. Horn (’76), followed by John R. Schmidt of Mayer Brown LLP in 1998. Thomas A. …


The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell Jan 2014

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …


Locke V. United States And The Definition Of Probable Cause In U.S. Civil Forfeiture Proceedings, Benjamin Groff Jan 2014

Locke V. United States And The Definition Of Probable Cause In U.S. Civil Forfeiture Proceedings, Benjamin Groff

Legal History Publications

United States civil forfeiture laws are rooted in admiralty in rem forfeiture proceedings that go back to mid-1700s English customs law, and a statute called the Act of Frauds. The procedure was born of the necessity of international marine trade. Similarly, when it came to using in rem seizure to enforce the customs laws, the Crown used a burden shifting presumption that was also born of necessity. Vessel owners were required to come forward and exculpate their vessel once the Crown showed probable cause of a violation. In Locke v. United States, Justice Marshall upheld that burden shifting presumption and …


Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen Jan 2014

Manro V. Almeida: Piracy, Maritime Torts, And Attachment In Rem, Stephanie Owen

Legal History Publications

In 1820, Captain Joseph Almeida, on the Bolivar and under South American colors, pursued and captured the Spanish ship Santiago off the coast of the Chesapeake Bay. On board was $5000 in specie owned by a small group of Baltimore merchants. The Baltimore merchants brought a libel against Captain Almeida and requested an attachment in rem to force Captain Almeida to answer for the maritime tort. Although the attachment initially issued, the lower court restored Captain Almeida’s goods. In 1825, the United States Supreme Court ruled that attachment in rem was a proper remedy for a maritime tort.


The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland Jan 2014

The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland

CMC Senior Theses

This thesis explores the historical development of personal status law, which governs a person’s marriage, divorce, and custody rights. It is significant because it is part of a framework that has defined women’s rights for centuries. I will argue that personal status law is a patriarchal framework that has been reinforced over time, leading up to the creation of nation-states in the Middle East. As such, this is the “institution” of personal status that will be traced using historical institutionalism theory. In this thesis I will argue that personal status has undergone a critical juncture, or crucial moment of potential …


"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble Jan 2014

"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

This research considers how French female lawyers participated in legal reform during the period from 1900 to 1940. Frenchwomen were admitted to the legal profession in 1900 by an act of parliament and this reform brought political implications in its wake. My research on the first cadres of female lawyers illustrates that that they were unusually political active. As unequal members of the profession and unequal citizens in the society many of these new professionals engaged in a vigorous defense of equality and justice.


A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer Jan 2014

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …


Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele Jan 2014

Segregation In United States Healthcare: From Reconstruction To Deluxe Jim Crow, Kerri L. Hunkele

Honors Theses and Capstones

During the time period between Reconstruction and the Deluxe Jim Crow era, African Americans were legally oppressed, which hindered their ability to live fully and equally in society with whites. This was especially true in terms of healthcare. Segregation laws were implemented to separate blacks from the rest of society in everyday life; the worst of these laws affected the ability of African Americans to gain access to medical care that was equal to whites. This inequality prevented blacks from being accepted into society and from living quality lives that stem from adequate healthcare. Although the federal and state governments …


Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland Jan 2014

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

Law Faculty Publications

No abstract provided.


The Clerks Of The Four Horsemen (Part I), Barry Cushman Jan 2014

The Clerks Of The Four Horsemen (Part I), Barry Cushman

Journal Articles

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …