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Articles 1471 - 1500 of 10050
Full-Text Articles in Law
Keynote Address, Jessica Litman
Keynote Address, Jessica Litman
Cardozo Arts & Entertainment Law Journal
The article explores the significant yet underappreciated role of Edward S. Rogers in shaping U.S. trademark law, particularly through his drafting of the Lanham Act. It argues that Rogers' deep involvement in the law's creation embedded a use-based, common law foundation that has proven durable but increasingly problematic in modern commerce. Despite Rogers' later evolution in thinking, his early drafting choices, influenced by historical legal frameworks, continue to shape the statute's quirks and limitations.
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Charles Reich And The Legal History Of Privacy, Sarah A. Seo
Touro Law Review
No abstract provided.
Originalism From The Soft Southern Strategy To The New Right: The Constitutional Politics Of Sam Ervin Jr, Logan E. Sawyer Iii
Originalism From The Soft Southern Strategy To The New Right: The Constitutional Politics Of Sam Ervin Jr, Logan E. Sawyer Iii
Scholarly Works
Although originalism’s emergence as an important theory of constitutional interpretation is usually attributed to efforts by the Reagan administration, the role the theory played in the South’s determined resistance to civil rights legislation in the 1960s actually helped create the Reagan coalition in the first place. North Carolina Senator Sam Ervin Jr., the constitutional theorist of the Southern Caucus, developed and deployed originalism because he saw its potential to stymie civil rights legislation and stabilize a Democratic coalition under significant stress. Ervin failed in those efforts, but his turn to originalism had lasting effects. The theory helped Ervin and other …
Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Ddt, “Ecologists,” Regulations, And Renewable Energy, Adam D. Orford
Nation’S Business And The Environment: The U.S. Chamber’S Changing Relationships With Ddt, “Ecologists,” Regulations, And Renewable Energy, Adam D. Orford
Scholarly Works
Nation’s Business was a monthly business magazine published by the U.S. Chamber of Commerce, with a subscription list larger than Business Week, Forbes, or Fortune. This study explores how the magazine responded and adapted to the rise of environmentalism, and environmental regulation of business, by exploring its treatment of four topics: DDT, environmentalists, government regulation, and renewable energy. It is built on a full-text review of all issues of Nation’s Business published between 1945 and 1981. It reveals the development of a variety of anti-environmental logics and discourses, including the delegitimization of environmentalism as emotional and irrational, the undermining …
Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks
Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks
Faculty Scholarship
This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.
Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation’s extension of original sin to the intellect left Catholicism as the primary …
The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas
The Jurisprudence Of The First Woman Judge, Florence Allen: Challenging The Myth Of Women Judging Differently, Tracy A. Thomas
Akron Law Faculty Publications
This Article delves into the life and work of Judge [Florence] Allen to provide insight to the contributions and jurisprudence of the first woman judge. For history questions what difference putting a woman on the bench might have made. Part I explores Allen’s early influences on her intellectual development grounded in her progressive and politically active family, and her close network of female professional friends. Part II discusses her pivotal work with the women’s suffrage movement, working with the national organizations in New York and leading the legal and political efforts in Ohio. This proactive commitment to gender justice, however, …
Reclaiming The Long History Of The "Irrelevant" Nineteenth Amendment, Tracy A. Thomas
Reclaiming The Long History Of The "Irrelevant" Nineteenth Amendment, Tracy A. Thomas
Akron Law Faculty Publications
The Nineteenth Amendment has been called an “irrelevant” amendment. The women’s suffrage amendment has been deemed insignificant as a constitutional authority, reduced to a historical footnote. In the Supreme Court canon, it has been diminished as a text that “merely gives the vote to women.” With the accomplishment of that simple task, the amendment has been assumed to offer little guidance to modern constitutional analysis or gender equality. The Nineteenth Amendment has become a “constitutional orphan,” disconnected from its historical origins and precedential place in constitutional jurisprudence. This constricting view of the Nineteenth Amendment ignores the structural implications and significant …
Legal Pluralism Across The Global South: Colonial Origins And Contemporary Consequences, Brian Z. Tamanaha
Legal Pluralism Across The Global South: Colonial Origins And Contemporary Consequences, Brian Z. Tamanaha
Scholarship@WashULaw
This essay conveys past and present legally plural situations across the Global South, highlighting critical issues. It provides readers with a deep sense of legal pluralism and an appreciation of its complexity and the consequences that follow. A brief overview of colonization sets the stage, followed by an extended discussion of colonial indirect rule, which formed the basis for political and legal pluralism. Thereafter, showing the continuity from past to present, I discuss the transformation-invention of customary law, socially embedded village tribunals, enhancement of the power of traditional elites, uncertainty and conflict over land, clashes between customary and religious law …
On Bankruptcy’S Promethean Gap: Building Enslaving Capacity Into The Antebellum Administrative State, Rafael I. Pardo
On Bankruptcy’S Promethean Gap: Building Enslaving Capacity Into The Antebellum Administrative State, Rafael I. Pardo
Scholarship@WashULaw
As the United States contends with the economic crisis triggered by the COVID-19 pandemic, federal bankruptcy law is one tool that can be used to resolve the financial distress suffered by individuals and businesses. When implementing this remedy, the question arises whether the law’s application should be viewed as limited to addressing private debt matters, without regard for the public interest. This Article answers the question by looking to modern U.S. bankruptcy law’s first forebear, the 1841 Bankruptcy Act, which Congress enacted in response to the depressed economic conditions following the Panic of 1837. That legislation created a judicially administered …
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Faculty Journal Articles
In this paper, I outline the colonial structure of international law, and examine the short decline or suppression of its coloniality in the so-called ‘era of decolonisation’, then illustrate its resurgence in the modern neo-colonial order. PIL has split into two separate systems. One includes, and is justified by, the heroic tales of human rights and ‘Humanity’s Law’. The other is the actualised system of International Economic Law (IEL), an order driven by the need of the over-developed states to plunder the under-developed states’ resources and labour, to subsidise the luxury to which we have grown accustomed. One purports to …
The Road To Bostock, John Towers Rice
U.S. Race Relations And Foreign Policy, Susan D. Page
U.S. Race Relations And Foreign Policy, Susan D. Page
Michigan Journal of Race and Law
It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador …
Labor’S New Localism, Andrew Elmore
Labor’S New Localism, Andrew Elmore
Articles
Millions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of these workers can improve their workplace standards because the National Labor Relations Act ("NLRA") does not sufficiently protect their right to form unions and collectively bargain. Lacking sufficient influence in federal and state government to strengthen labor and employment law, unions and worker centers have increasingly sought to build power in cities. The shift to local labor lawmaking has delivered local minimum wage, paid sick leave, and fair scheduling ordinances covering millions of low-wage workers, as well as groundbreaking unionization …
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Rabbi Lamm, The Fifth Amendment, And Comparative Jewish Law, Samuel J. Levine
Scholarly Works
Rabbi Norman Lamm’s 1956 article, “The Fifth Amendment and Its Equivalent in the Halakha,” provides important lessons for scholarship in both Jewish and American law. Sixty-five years after it was published, the article remains, in many ways, a model for interdisciplinary and comparative study of Jewish law, drawing upon sources in the Jewish legal tradition, American legal history, and modern psychology. In so doing, the article proves faithful to each discipline on its own terms, producing insights that illuminate all three disciplines while respecting the internal logic within each one. In addition to many other distinctions, since its initial publication, …
In Memoriam, Marvin Schick, Pioneer In The Study Of Courts, Jeffrey B. Morris
In Memoriam, Marvin Schick, Pioneer In The Study Of Courts, Jeffrey B. Morris
Touro Law Review
No abstract provided.
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Constitutional Skepticism And Local Facts, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
Are written constitutions evil? In his new book, Constitutional Idolatry and Democracy, Brian Christoper Jones argues that they are. He claims that written constitutions fail to unite societies, degrade democratic engagement, and obstruct necessary constitutional maintenance. This review of his book argues that he is mostly right about the effects of the American Constitution, but that the effects of other constitutions will vary depending upon local facts.
Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst
Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
From the neo-Weberian literature on state-building and the political sociology of the legal profession, one might expect government lawyers to be sheepdogs, nipping at the heels of straying administrators, supplying their agencies with the bureaucratic autonomy so often missing in American government. In this contribution to “Serious Fun” a symposium in honor of John Henry Schlegel of the University at Buffalo School of Law, I report my preliminary findings for two agencies created during the Hundred Days of Franklin D. Roosevelt’s presidency, the Agricultural Adjustment Administration and the National Recovery Administration. I suggest that the neo-Weberian model tends to minimize …
Delegation, Administration, And Improvisation, Kevin Arlyck
Delegation, Administration, And Improvisation, Kevin Arlyck
Georgetown Law Faculty Publications and Other Works
Nondelegation originalism is having its moment. Recent Supreme Court opinions suggest that a majority of justices may be prepared to impose strict constitutional limits on Congress’s power to delegate policymaking authority to the executive branch. In response, scholars have scoured the historical record for evidence affirming or refuting a more stringent version of nondelegation than current Supreme Court doctrine demands. Though the debate ranges widely, sharp disputes have arisen over whether a series of apparently broad Founding-era delegations defeat originalist arguments in favor of a more stringent modern doctrine. Proponents—whom I call “nondelegationists”—argue that these historical delegations can all be …
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Georgetown Law Faculty Publications and Other Works
Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: …
The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William M. Treanor
The Case Of The Dishonest Scrivener: Gouverneur Morris And The Creation Of The Federalist Constitution, William M. Treanor
Georgetown Law Faculty Publications and Other Works
At the end of the Constitutional Convention, the delegates appointed the Committee of Style and Arrangement to bring together the textual provisions that the Convention had previously agreed to and to prepare a final constitution. Pennsylvania delegate Gouverneur Morris drafted the document for the Committee, and, with few revisions and little debate, the Convention adopted Morris’s draft. For more than two hundred years, questions have been raised as to whether Morris covertly altered the text in order to advance his constitutional vision, but modern legal scholars and historians studying the Convention have either ignored the issue or concluded that Morris …
Race And Property Law, K-Sue Park
Race And Property Law, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This chapter offers an outline for understanding the key role of race in producing property values in the history of the American property law system. It identifies major developments in the mutually formative relationship between race and property in America that made and remade property interests in America through the processes of 1) dispossessing nonwhites, 2) degrading their homelands, communities, and selves, and 3) limiting their efforts to enter public space and occupy or acquire property within the regime thereby established. First, it describes the use of law to create the two most important forms of property in the colonies …
On The Scent: A History Of “The King Of The Foxes” Autograph Manuscript, Jennifer L. Behrens
On The Scent: A History Of “The King Of The Foxes” Autograph Manuscript, Jennifer L. Behrens
Faculty Scholarship
No abstract provided.
The Untold History Of Women’S Suffrage: Voting Rights Pre-Ratification, Hayley N. Lawrence
The Untold History Of Women’S Suffrage: Voting Rights Pre-Ratification, Hayley N. Lawrence
Faculty Scholarship
No abstract provided.
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
The Racial Reckoning Of Public Interest Law, Atinuke O. Adediran, Shaun Ossei-Owusu
Faculty Scholarship
No abstract provided.
Non-Indian Reservations, Joshua Matthew Rosenau
Non-Indian Reservations, Joshua Matthew Rosenau
Graduate Student Theses, Dissertations, & Professional Papers
This thesis is a skeptical treatment of the logical distinctions presumed to exist between “Indian” and “non-Indian” people. Despite representing 99 percent of the U.S. population, “non-Indians” represent a legal identity which has no explicit definition. The basis for the U.S. Supreme Court’s decisions regarding non-Indians and Indians rests not on any objective, empirical or logical criterion or proof, but rather on the “assumption of a ‘guardian-ward’ status. This thesis investigates this assumption, and recommends that we suspend judgment on whether the difference between “Indians” and “non-Indians” can be determined either by logical argument or by legal assumption.
Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh
Testing Privilege: Coaching Bar Takers Towards "Minimum Competency" During The 2020 Pandemic, Afton Cavanaugh
Faculty Articles
The year 2020 was challenging for the bar exam. The longstanding argument that the bar exam is not a fair measure of the minimum competence of someone to practice law was cast into harsh relief and the truth-that the bar exam tests the privilege of its examinees-became startlingly apparent. Not only did 2020 kick off with a devastating global pandemic, but we also saw the rage against systemic racial injustice reach a boiling point just as we were charged with staying in our homes to avoid contracting COVID-19. With a pandemic raging, overt White supremacy on the rise, and racial …
On The Domestication Of Critical Legal History, Justin Deystone, Samuel Moyn
On The Domestication Of Critical Legal History, Justin Deystone, Samuel Moyn
Publications
Among many of today’s legal historians, there is a relatively new and generally unreflective understanding of the relationship between history and method. The landscape is everywhere marked by a tendency to eschew big thinking, grand theory, and programmatic approaches to historical explanation and social transformation. In the place of the grand theory approach to law and history, there is a preference for the minimalist, the pragmatic, the particularistic, and the quotidian. What this normal science of today’s legal historiography makes obvious is a kind of attachment to particular kinds of problems with particular sorts of built-in solutions. The result for …
Law, Labor, And The Hard Edge Of Progressivism: The Legal Repression Of Radical Unionism And The American Labor Movement's Long Decline, Ahmed White
Publications
No abstract provided.
Copyright And Disability, Blake E. Reid
Copyright And Disability, Blake E. Reid
Publications
A vast array of copyrighted works—books, video programming, software, podcasts, video games, and more—remain inaccessible to people with disabilities. International efforts to adopt limitations and exceptions to copyright law that permit third parties to create and distribute accessible versions of books for people with print disabilities have drawn some attention to the role that copyright law plays in inhibiting the accessibility of copyrighted works. However, copyright scholars have not meaningfully engaged with the role that copyright law plays in the broader tangle of disability rights.
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone
Publications
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.