Law Commons^™

Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons

Faculty Scholarship

Chattel slavery was a brutally cruel, repressive, and exploitative system of racial subjugation. When it was abolished, the former slaveholders owed the freedmen compensation for the terrible wrongs of enslavement. Ex-slaves sought reparations, especially in the form of land, but few received any sort of recompense. The wrongs they suffered were never repaired.

No one alive today can be held accountable for the wrongs of chattel slavery, and those who might now be called upon to pay reparations were not even born until many decades after slavery ended. For some scholars, the lack of accountable parties makes current reparations claims …

The Politics Of Judicial Interpretation: The Federal Courts, Department Of Justice, And Civil Rights, 1866-1876, Robert John Kaczorowski

History

This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction.

Certificate: Appreciation To Rodney Hurst For Urban Education Summit.

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A certificate of appreciation for serving as a panelist at The Education Urban Summit: "Call for Action in Education" October 26, 2004

Irish Law 2004, Notre Dame Law School

About the Law School

Dear Notre Dame Law School Class of 2007, Welcome to Notre Dame Law School! We are thrilled to be among the first to receive you into our family. We know that this is an exciting and scary time for you, and if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school, Notre Dame, and South Bend. That's why we're sending you this Guide. We hope that it will give you answers to many of your questions and that it will provide a window into what Notre Dame is …

“Hard Work To Make Ends Meet”: Voices Of Maine’S Working-Class Women In The Late Nineteenth Century, Carol Toner

Maine History

In 1887 the Maine legislature responded to pressures from the Knights of Labor and an increasingly agitated industrial labor force by instituting the Bureau of Industrial and Labor Statistics. The bureau’s job was to examine the state's workplaces and provide information to guide the legislature in making labor law. Reflecting the ideals of the popular Knights of Labor, the bureau initially focused its investigations on female as well as male workers. When the bureau requested that workers fill out questionnaires about their work, hundreds of women responded, leaving a rare first-hand account of women’s attitudes toward their working and living …

Thomas Brackett Reed, Civil Rights, And The Fight For Fair Elections, Wendy Hazard

Maine History

Few causes in American history have proved more enduring than the effort to ensure all citizens the right to vote. From the enfranchising of African-Americans after the Civil War to the granting of women’s suffrage and the passage of the Voting Rights Act in 1965, the country has struggled to live up to its image as the guardian of the ideal that every citizen has a guaranteed right to vote. The prolonged presidential election of 2000 and the vote-counting debacle in Florida once again focused national attention on the issue of enfranchisement. Democrats argued that the Florida election, whether by …

State Sovereignty And Human Rights, Jack Donnelly

Human Rights & Human Welfare

Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …

Three Affiliated Tribes Health Facility Compensation Act, United States Congress, Us House Of Representatives

US Government Documents related to Indigenous Nations

This report from the United States (US) House Committee on Resources, dated June 3, 2004, was written to accompany US Senate Bill 1146 which proposed the construction of a rural health care facility on the Fort Berthold Reservation, North Dakota. The estimated cost for construction of said facility is 20 million dollars. This facility is part of a continued attempt by the US government to compensate for loss of property, infrastructure, and way of life for the Mandan, Hidatsa, and Arikara people who were forced off their land on the Fort Berthold Reservation due to the construction of the Garrison …

Program: University Of South Florida, St. Petersburg Presents The Civil Rights Movement In Florida Conference June 3-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

A gathering of Movement veterans, scholars, students and the community.

Agenda: Preliminary Agenda For University Of South Florida's "The Civil Rights Movement In Florida" Conference June 2-6, 2004

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Preliminary agenda for University of South Florida's "The Civil Rights Movement in Florida" Conference. June 2-6, 2004.

Information Packet For The Civil Rights Movement In Florida Conference. June 3-6, 2004. St. Petersburg, Florida

Textual material from the Rodney Lawrence Hurst, Sr. Papers

Information packet from USF to Rodney Hurst confirming him as panelist for "The Civil Rights Movement in Florida" Conference. Folder 3

Obituary Thakor Shah By Amar Jesani & Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

At a time when the nation needs people who could keep alive the secular conscience of Gujarat, the passing away of Thakor Shah on April 10, 2004 in Vadodara due to massive heart attack has come as a big jolt. He died while participating in the meeting of the network of social movements in Gujarat. Of the 76 years he lived, he spent over 60 years in public life, making personal sacrifices, fearlessly withstanding all attacks – physical and political – in his incessant struggle for organising working masses for their rights and justice. His life was a political journey …

Pleas' Progress, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

Interview With Leon S. Forman, Jason E. Dymbort, Leon S. Forman, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Leon S. Forman (L'39) was an authority on bankruptcy and creditors' rights. He practiced law for more than sixty years and served as chairman of the Philadelphia Bar Association's corporation, banking and business law section, and as chairman of the Pennsylvania Bar Association's bankruptcy committee. He was a member of the American Law Institute. He taught bankruptcy and creditors' rights at the Law School of the University of Pennsylvania and at Temple University School of Law. He died in 2006.

A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Interview With Michael Levy, Christina Fahmy, Michael Levy, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above

Michael Levy (L '69) is the Chief of Computer Crimes at the United States Attorney’s Office for the Eastern District of Pennsylvania. He has served in the U.S. Department of Justice since 1980 with two one-year excursions into private practice. Before joining the U.S. Attorney’s office, Mr. Levy worked as a Public Defender and as an Assistant District Attorney in Philadelphia and as an Assistant Attorney General for the Commonwealth of Pennsylvania. He also had his own law practice for four years.

Labels Of African American Ballers: A Historical Contemporary Investigation Of African American Male Youth's Depletions From America's Favorite Pastime 1885-2000, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

The American Democratic Tradition & The Quest For Access & Equity In Higher Education: The Browns And Blues Of Social Change, Amilcar Shabazz

Afro-American Studies Faculty Publication Series

In this lecture I revisit the meaning of the 1954 Brown v. Board of Education decision and the legal and social struggles that led to the ruling and its consequences especially in the area of higher educational opportunity. I develop the idea of the American Democratic Tradition not as a fossilized ideal but as a contested terrain. The Brown decision and the blues of social change as a protracted, continuous process of struggle is the moment I am trying to render here in this lecture.

The Cornell Law Review invited me to participate in its 2004 Symposium, particularly Panel One …

The American Democratic Tradition & The Quest For Access & Equity In Higher Education: The Browns And Blues Of Social Change, Amilcar Shabazz

Amilcar Shabazz

In this lecture I revisit the meaning of the 1954 Brown v. Board of Education decision and the legal and social struggles that led to the ruling and its consequences especially in the area of higher educational opportunity. I develop the idea of the American Democratic Tradition not as a fossilized ideal but as a contested terrain. The Brown decision and the blues of social change as a protracted, continuous process of struggle is the moment I am trying to render here in this lecture. The Cornell Law Review invited me to participate in its 2004 Symposium, particularly Panel One …

Correspondence: Thank You Note 2/20/04, Planned Parenthood Note Card, Carole Ann Steiger

Saffy Collection - All Textual Materials

Thank you letter to Dr. Edna L. Saffy.

Federal Justice And Moral Reform In The United States District Court In Indiana, 1816-1869, George W. Geib, Donald B. Kite

Scholarship and Professional Work - LAS

In November 1840, William Martin, an Indiana mail stage driver found himself standing in United States District Court, convicted of stealing a letter containing bank notes from the mail.^1 District Judge Jesse Lynch Holman reviewed the evidence that convinced the jury, and then lectured the defendant upon his future prospects:

The prospect before you is truly dark and dreary; yet there is a distant ray of hope that may enlighten your path You may do much by a patient submission to the law—by a reformation of life and an upright line of conduct ... to some extent, to regain a …

Latvia: History, Steven R. Morrison, J. Michael Lyons

Steven R Morrison

No abstract provided.

Latvia: The Economy, Steven R. Morrison

Steven R Morrison

No abstract provided.

John F. Kennedy And West Virginia, 1960-1963, Anthony W. Ponton

Theses, Dissertations and Capstones

In 1960, John F. Kennedy, a wealthy New England Catholic, traveled to a rural, Protestant state to contend in an election that few thought he could win. While many scholars have examined the impact of Kennedy’s victory in the West Virginia primary, few have analyzed the importance that his visit to the state in 1960 and his ensuing administration had on West Virginia. Kennedy enacted a number of policies directed specifically toward relieving the poverty that had plagued West Virginia since statehood. The Kennedy administration funded highway construction, worker training programs, and area development at levels the state had never …

Constitutional Decision Rules, Mitchell N. Berman

All Faculty Scholarship

No abstract provided.

The Conceptual Jurisprudence Of The German Constitution, William Ewald

All Faculty Scholarship

No abstract provided.

Pari Passu And A Distressed Sovereign's Rational Choices, William W. Bratton

All Faculty Scholarship

No abstract provided.

The Presidential Oath, The American National Interest And A Call For Presiprudence, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …

The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee

All Faculty Scholarship

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress's authority to employ devices such as special counsels and independent agencies to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitution rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive, in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …