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Articles 1 - 30 of 50
Full-Text Articles in Law
We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton
We Were Allies Once: Lessons Of D Day, 1944, Nigel Hamilton
New England Journal of Public Policy
Nigel Hamilton swivels the century around the pivot of the massive cooperation and collaboration between the United States and its allies during World War II. In the early years, European and British troops suffered a series of discouraging defeats by the Nazis, and then when the United States entered the war the great collaboration among the allies was instrumental in achieving victory in Europe. This joint effort of nations continued for a time with such institutions as the UN and NATO and other international bodies. The war in Iraq ruptured the alliance. American unilateralism has distinguished most of the debacle …
In Pittsburgh, Freedom Abridged, Bruce Ledewitz
In Pittsburgh, Freedom Abridged, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst
Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst
Human Rights & Human Welfare
No abstract provided.
The Emergence Of Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart
The Emergence Of Global Administrative Law, Benedict Kingsbury, Nico Krisch, Richard B. Stewart
Law and Contemporary Problems
No abstract provided.
Make >Em Fess Up, Bruce Ledewitz
Make >Em Fess Up, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Determining The Undeterminable: The Best Interest Of The Child Standard As An Imperfect But Necessary Guidepost To Determine Child Custody, Steven N. Peskind
Determining The Undeterminable: The Best Interest Of The Child Standard As An Imperfect But Necessary Guidepost To Determine Child Custody, Steven N. Peskind
Northern Illinois University Law Review
Since the 1960s, our nation's courts have almost universally relied on a legal standard known as the "best interest of the child" in order to resolve contested issues involving child custody. Critics of the standard conclude that, due to the complexities of defining what will serve a child's best interests, the standard is at best not helpful, and is perhaps even useless. Critics also charge that the standard is indeterminate, and depends too heavily on the subjective values and life experience of the individual fact finder--the trial judge. In this article, Steven Peskind will review the history of standards used …
Community Forests: A Perspective, Robert Mccullough
Community Forests: A Perspective, Robert Mccullough
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
22 pages.
"Robert McCullough teaches in the University of Vermont Graduate Program in Historic Preservation. He wrote The Landscape of Community: Communal Forests in New England."
Slides: White Mountain Apache, Paul Declay, Jr.
Slides: White Mountain Apache, Paul Declay, Jr.
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenter: Paul DeClay, Jr., Tribal Forest Manager, White Mountain Apache, AZ
34 slides
The End Of American Democracy?, Bruce Ledewitz
The End Of American Democracy?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Not All Bad: An Historical Perspective On Software Patents, Martin Campbell-Kelly
Not All Bad: An Historical Perspective On Software Patents, Martin Campbell-Kelly
Michigan Telecommunications & Technology Law Review
This Paper places the current debates about software patents in the historical context of patenting in the information technology industries. The first computer-program products were sold in the mid 1960s when software patents were not generally allowed; as a result, trade secrecy became endemic to the software industry. Software products were also protected by copyright, but in practice this offered little protection against most forms of appropriation by reverse engineering or cloning. By the early 1980s a series of landmark cases led to the acceptance of software patents. It is argued that this development was consistent with the patenting of …
A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett
A Commander’S Power, A Civilian’S Reason: Justice Jackson’S Korematsu Dissent, John Q. Barrett
Law and Contemporary Problems
Barrett examines the dissent opinion of Supreme Court Justice Robert Houghwout Jackson in Korematsu v. United States, which centered on the internment of Japanese Americans during WWII. Although the dissent has been criticized as incoherent, it contains strong legal implications within its complexity.
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller
Law and Contemporary Problems
Muller examines the prosecution and sentencing of Japanese Americans who resisted the draft of WWII from their internment camps. Although the hundreds of cases were almost identical, approaches to justice and sentencing of offenders varied widely.
The Supreme Court: A Unique Institution, John Paul Jones
The Supreme Court: A Unique Institution, John Paul Jones
Law Faculty Publications
Established by the U.S. Constitution in 1789, the Supreme Court is both the final arbiter of significant legal cases and the prevailing authority on the constitutionality of individual laws. While the Constitution specifies the Court's original jurisdiction, it does not spell out how the Court should conduct its business, or even the number of justices who should serve on the Court or what their qualifications should be. Thus, the Founding Fathers provided a High Court for the nation with the adaptability to respond to the needs of its citizens.
Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson
Korematsu And Beyond: Japanese Americans And The Origins Of Strict Scrutiny, Greg Robinson, Toni Robinson
Law and Contemporary Problems
The authors examine the role that the Japanese American Citizens League played in the development of the "strict scrutiny" doctrine partly responsible for the ruling in Brown v. Board of Education. The plight of Japanese Americans during their WWII internment gave them experience in implementing this doctrine, which they passed on to the NAACP.
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Korematsu: A Mélange Of Military Imperatives, Eugene Gressman
Law and Contemporary Problems
No abstract provided.
The Japanese American Cases, 1942-2004: A Social History, Roger Daniels
The Japanese American Cases, 1942-2004: A Social History, Roger Daniels
Law and Contemporary Problems
Daniels examines the changing reactions of the government and the public to the internment of Japanese Americans during WWII and in the six decades following. Some comparisons can be drawn between this action and the attitudes encountered by the public in the wake of the Sep 11, 2001 terrorist attacks.
The Judicial Nominations Wars, William P. Marshall
The Judicial Nominations Wars, William P. Marshall
University of Richmond Law Review
No abstract provided.
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
Keeping Score: The Struggle For Music Copyright, Michael W. Carroll
ExpressO
Inspired by the passionate contemporary debates about music copyright, this Article investigates how, when, and why music first came within copyright's domain. Although music publishers and recording companies are among the most aggressive advocates for strong copyright protection today, when copyright law was first invented in eighteenth-century England, music publishers resisted its extension to music. This Article sheds light on a series of early legal disputes concerning printed music that yield important insights into original understandings of copyright law and music's role in society. By focusing attention on this understudied episode, this Article demonstrates that the concept of copyright was …
Chechnya, Kelley Laird
Chechnya, Kelley Laird
Human Rights & Human Welfare
The root of animosity between Russians and Chechens extends for more than a century, beginning when Chechens opposed Russia’s conquest of the Caucasus between 1818 and 1917. Tension reached an apex in the 1940s when Stalin deported thousands of Chechens to Siberia and East Asia in fear that they would collaborate with German Nazis.
Georgia, James Smithwick
Georgia, James Smithwick
Human Rights & Human Welfare
The conflict between Chechnya and Russia combined with September 11 has focused more international attention on the Russian Caucuses. However, little has changed since America declared a War on Terror in the Republic of Georgia. The state turned a blind eye to religious persecution before September 11, and continues to do so. Multiple separatist movements persist in the same manner as they did prior to September 11.
Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn
Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn
Michigan Journal of Gender & Law
Although several scholars have briefly discussed CLSW in conjunction with work on other subjects, this Article presents the first comprehensive history of the school. The Article begins in Section Two by exploring how and why CLSW came into being in 1915 after two young Radcliffe suffragists led an unsuccessful campaign for admission to Harvard Law School. Section Three examines the design, pedagogical foundations, and day-to-day workings of the school during its first two years. Sections Four and Five explore the historical events that led to CLSW's closure in 1917. These sections also document and discuss the school's subsequent, and previously …
Judges As Political Orators: The 1860 Secession Debate Between Texas Supreme Court Justices O.M. Roberts And James H. Bell, William J. Chriss
Judges As Political Orators: The 1860 Secession Debate Between Texas Supreme Court Justices O.M. Roberts And James H. Bell, William J. Chriss
William J Chriss
This article deals with an episode in the ideological history of Texas. It analyzes the rhetorical strategies employed by Texas politicians during the Secession debate, in order to better understand the political thinking of the people who responded to them. The primary prism through which the strategies of each side are viewed is the extent to which they marshaled analogies from classical history and literature in support of their arguments. Because the unionists in Texas adopted for themselves the role of wise philosophers denouncing mob violence, they often used classical literature and examples from ancient and medieval republican history to …
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Europe, Victoria Lowdon, Angela Woolliams, Robin Davey
Human Rights & Human Welfare
Both individually and collectively, European countries have vast experience with international and domestic terrorism. Because the point of terrorist attacks is primarily within a particular country (United Kingdom, Turkey and Spain), terrorism has come to be viewed by these states as a domestic problem. At the same time European countries have recognized the value of inter-governmental cooperation, which has been codified in various bilateral and multilateral agreements and conventions dating back to the 1950’s.
Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz
Up Against The Wall Of Separation: The Question Of Religious Democracy, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.
Limiting Limitations: The Scope Of The Duty Of Reasonable Accommodation Under The Americans With Disabilities Act, Kelly Cahill Timmons
Limiting Limitations: The Scope Of The Duty Of Reasonable Accommodation Under The Americans With Disabilities Act, Kelly Cahill Timmons
South Carolina Law Review
No abstract provided.
Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn
Felon Disenfrachisement Laws: Partisan Politics In The Legislatures, Jason Belmont Conn
Michigan Journal of Race and Law
This examination of the institutional changes to state legislatures, synthesized with an analysis of the handling of felon disenfranchisement laws by state legislatures, presents a troubling realization about the law today: in the twenty-first century, partisan politics moderates decisions about even the most basic and fundamental principles of democracy. This Note suggests that because state legislators follow their party leadership and position, a state's traditional treatment of racial minorities, geographic location, and even ideology are not the strongest indicators of a state's disenfranchisement laws. Rather, partisan politics drives changes to the state laws governing felon voter eligibility.
Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie
Engaging The Spirit Of Racial Healing Within Critical Race Theory: An Exercise In Transformativethought, Rebecca Tsosie
Michigan Journal of Race and Law
This essay posits that Critical Race Theory (CRT) must operate at both the "idealist" and "materialist" levels. Although the emphasis may be in one direction or another at particular times, both domains are continually engaged. This essay links the debate between the "materialist" and "idealist" views to another central theme within CRT, which is the need for "justice" and how the law relates to justice. This essay focuses on the contemporary debate surrounding the status of Native Hawaiians to show how "race" is being used to construct the civil and political rights of Native Hawaiian people. CRT is a jurisprudence …
The Islamic Roots Of Democracy, Ali Iyad Yakub
The Islamic Roots Of Democracy, Ali Iyad Yakub
University of Miami International and Comparative Law Review
No abstract provided.
The Present And Future Of Federalism, Bruce Ledewitz
The Present And Future Of Federalism, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.