Law Commons^™

A “Woman’S Best Right”—To A Husband Or The Ballot?: Political And Household Governance In Anthony Trollope’S Palliser Novels, Linda C. Mcclain

Faculty Scholarship

The year 2020 marks the one hundredth anniversary of the ratification of the Nineteenth Amendment to the U.S. Constitution. In 2018, the United Kingdom marked the one hundredth anniversary of some women securing the right to vote in parliamentary elections and the ninetieth anniversary of women securing the right to vote on the same terms as men. People observing the Nineteenth Amendment’s centenary may have difficulty understanding why it required such a lengthy campaign. One influential rationale in both the United Kingdom and the United States was domestic gender ideology about men’s and women’s separate spheres and destinies. This ideology …

Albuquerque Journal Interviews Maryam Ahranjani, Many Want Police Out Of Schools Across Nm, Maryam Ahranjani, Shelby Perea

Faculty Scholarship

In Albuquerque, University of New Mexico School of Law associate professor Maryam Ahranjani and Hope Pendleton, a board member of the Black Law Student Association at UNM, are saying now is the time to remove officers from schools.

“There’s a lot of unfortunate downstream negative repercussions for children from having police officers in schools,” Ahranjani said.

Pendleton and Ahranjani helped write a letter to APS Superintendent Raquel Reedy and her leadership team that says funds earmarked for the APS Police Department would be better spent addressing this counselor-to-student ratio and investing in other personnel.

“Reallocating funds away from law enforcement …

Racial Stereotypes, Respectability Politics, And Running For President: Examining Andrew Yang's And Barack Obama's Presidential Bids, Vinay Harpalani

Faculty Scholarship

In the wake of the pandemic, Andrew Yang’s response to anti-Asian American violence was criticized for placing responsibility on Asian Americans rather than those perpetrating the hate crimes. This article explores how "warring ideals for people of color can cause a lot of internal dissonance about what to say and how to act in certain situations.

See Original Blog Post on Internet.

Civil Procedure As A Critical Discussion, Susan Provenzano, Brian N. Larson

Faculty Scholarship

This Article develops a model for analyzing legal dispute resolution systems as systems for argumentation. Our model meshes two theories of argument conceived centuries apart: contemporary argumentation theory and classical stasis theory. In this Article, we apply the model to the Federal Rules of Civil Procedure as a proof of concept. Specifically, the model analyzes how the Federal Rules of Civil Procedure function as a staged argumentative critical discussion designed to permit judge and jury to rationally resolve litigants’ differences in a reasonable manner. At a high level, this critical discussion has three phases: a confrontation, an (extended) opening, and …

Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr

Faculty Scholarship

Aaron Burr Jr. (Class of 1772), the third Vice President of the United States, fathered two children by a woman of color from Calcutta, India. Their son, John Pierre Burr (1792-1864), would become an activist, abolitionist, and conductor on the Underground Railroad.

Civil Rights In Living Color, Vinay Harpalani

Faculty Scholarship

This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …

Fixing America's Founding, Maeve Glass

Faculty Scholarship

The forty-fifth presidency of the United States has sent lawyers reaching once more for the Founders’ dictionaries and legal treatises. In courtrooms, law schools, and media outlets across the country, the original meanings of the words etched into the U.S. Constitution in 1787 have become the staging ground for debates ranging from the power of a president to trademark his name in China to the rights of a legal permanent resident facing deportation. And yet, in this age when big data promises to solve potential challenges of interpretation and judges have for the most part agreed that original meaning should …

Agency Problems And Organizational Costs In Slave-Run Business, Barbara Abatino, Giuseppe Dari-Mattiacci

Faculty Scholarship

This chapter examines the internal economic organization of the peculium servi communis — that is, of separate business assets assigned to a slave — and its (external) relationships with creditors. Literary, legal, and epigraphic evidence points predominantly to businesses of small or medium size, suggesting that there must have been some constraints to growth. We identify both agency problems arising within the business organization (governance problems) and agency problems arising between the business organization and its creditors (limited access to credit). We suggest that, although the praetorian remedies had a remarkable mitigating effect, agency problems operated as a constraint to …

The Dual Origin Of The Duty To Disclose In Roman Law, Barbara Abatino, Giuseppe Dari-Mattiacci

Faculty Scholarship

The Roman law remedies for failure to disclose in sales contracts were developed by two different institutions: that of the aediles, with jurisdiction on market transactions effected through auctions, and that of the praetor, with general jurisdiction including private transactions. The aedilician remedies — the actiones redhibitoria and quanti minoris — allowed for rapid transactions and inexpensive litigation but generated some allocative losses ex post, as they did not incentivize the parties to exchange information about idiosyncratic characteristics of the goods for sale. In contrast, the remedy developed by the praetor — the actio ex empto — implied …

Democracy & Religion: Some Variations & Hard Questions, Kent Greenawalt

Faculty Scholarship

The ideas sketched here concern the nonestablishment and free exercise norms expressed in the U.S. Constitution, their application to governmental institutions from legislatures to prisons and the military, the place of religion in the curricula of public schools, and the proper role of religious convictions in lawmaking. A major concern of the essay is the problem of achieving an appropriate balance between governmental neutrality toward religion, as required by the nonestablishment norm, and governmental accommodation of religious practices that would otherwise violate ordinary laws, as required by the free exercise norm. A recurring theme is the complexity of the issues …