Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 40

Full-Text Articles in Law

Letter, Lloyd Gaines To George L. Gaines; Discusses Job Waiting Tables., Lloyd L. Gaines Jan 2018

Letter, Lloyd Gaines To George L. Gaines; Discusses Job Waiting Tables., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 2 page note on 3x6 paper, black ink. Date: Sunday nite, Jan. 3rd. No year indicated. Discusses job waiting tables.


Symposium Introduction: Beyond The Faa: Arbitration Procedure, Practice, And Policy In Historical Perspective, Carli N. Conklin Apr 2016

Symposium Introduction: Beyond The Faa: Arbitration Procedure, Practice, And Policy In Historical Perspective, Carli N. Conklin

Faculty Publications

The Federal Arbitration Act (FAA), enacted in 1925, provides a framework for how we think about arbitration procedure, practice, and policy in the United States today. Yet, the FAA, and the interpretive lens it provides, are relatively new on the horizon, historically speaking


Reforming High School American History Curricula: What Publicized Student Intolerance Can Teach Policymakers, Douglas E. Abrams Oct 2014

Reforming High School American History Curricula: What Publicized Student Intolerance Can Teach Policymakers, Douglas E. Abrams

Faculty Publications

This article concerns the way public high schools teach American history under curricula and standards mandated by state law. “We’re raising young people who are, by and large, historically illiterate,” says David McCullough, the dean of American historians.

The article describes three recent nationally publicized incidents in which high school students belittled lynching and the Trail of Tears, evidently without appreciating the episodes’ legal and historical significance to African Americans and Native Americans respectively. Standards and textbooks typically recognize diversity and multiculturalism, but research and surveys indicate that classroom teachers frequently sanitize or avoid discomforting topics that might trigger complaints, …


Lost Options For Mutual Gain? The Layperson, The Lawyer, And Dispute Resolution In Early America, Carli N. Conklin Jan 2013

Lost Options For Mutual Gain? The Layperson, The Lawyer, And Dispute Resolution In Early America, Carli N. Conklin

Faculty Publications

In 1786, legal reform activist Benjamin Austin undertook a campaign to promote the use of arbitration over litigation as the primary method of dispute resolution in Massachusetts. Although supported by a groundswell of anti-lawyer sentiment, Austin ultimately failed in securing the triumph of arbitration. Exploring Austin's pamphlet campaign in its historical context not only provides us with a snapshot of the arguments for and against dispute resolution in early America, but also serves as a corrective to the prevailing accounts of arbitration in American legal history. This article explores the context and content of Austin's pamphlet campaign and its implications …


Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams Jan 2013

Teaching Legal History In The Age Of Practical Legal Education, Douglas E. Abrams

Faculty Publications

Historian Henry Steele Commager said, “History is useful in the sense that art is useful--or music or poetry or flowers; perhaps even in the sense that religion and philosophy is useful .... For without these things life would be poorer and meaner.” For law students who anticipate a career representing private and public clients and participating in public discussion, however, study of legal history carries rewards beyond intellectual stimulation and personal satisfaction. Law students contemplating client representation should ponder Justice Holmes's advice that “[h]istory must be a part of the study [of law], because without it we cannot know the …


What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron Apr 2004

What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron

Faculty Publications

In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …


Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron Apr 2004

Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron

Faculty Publications

What can a fifty year-old hypothetical about human cannibalism concocted by the late Lon Fuller teach us about the Supreme Court's recent foray into the affirmative action debate in twenty-first century America? Indeed, what can a tax law professor and a labor law professor add to the cacophony of voices of leading constitutional law scholars on the Court's most important pronouncement on race in a generation? We make a rather modest claim, based on teaching both of these cases in our one-week Introduction to Law classes for incoming first year students, that a helpful way to view Grutter v. Bollinger …


Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron Jan 2004

Taking Back The Law School Classroom: Using Technology To Foster Active Student Learning , Rafael Gely, Paul L. Caron

Faculty Publications

Law schools (and indeed all of higher education) have witnessed an explosive growth in the use of technology in the classroom. Many law teachers now deploy a wide array of technological bells and whistles, including PowerPoint slides, Web-based course platforms, in-class Internet access, and the like. Students, in turn, increasingly come to class armed with laptop computers to harvest the fruits of the classroom experience. Yet in recent years there has been something of a backlash, with various law teachers arguing that this technology is interfering with, rather than improving, pedagogy in the classroom. According to the critics, the technology …


Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii Jul 2000

Editor's Observations: The 2001 Economic Crime Package: A Legislative History, Frank O. Bowman Iii

Faculty Publications

On April 6, 2001, the U.S. Sentencing Commission approved a group of amendments to guidelines governing the sentencing of economic crimes. These measures, collectively known to as the “economic crime package,” are the culmination of some six years of deliberations by both the Conaboy and Murphy Sentencing Commissions working together with interested outside groups such as the defense bar, the Justice Department, probation officers, and the Criminal Law Committee of the U.S. Judicial Conference, The package contains three basic components. First, the now-separate theft and fraud guidelines, Sections 2B1.1 and 2F1.1, will be consolidated into a single guideline. Second, the …


Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii Jan 1996

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …


The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes Oct 1995

The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes

Faculty Publications

This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.


1976 Supplement, Constitution, State Of Missouri, 1945 Jan 1976

1976 Supplement, Constitution, State Of Missouri, 1945

Missouri Constitutional Sections Related to Race and Education

No abstract provided.


The Constitution Of The State Of Missouri : Adopted By The People On February 27, 1945, With Annotations And Appendix Comparing The Provisions Therein With The Provisions In The Constitution Of 1875, As Amended And In Force On That Date / Compiled And Edited By Lester G. Seacat, 1945. Feb 1945

The Constitution Of The State Of Missouri : Adopted By The People On February 27, 1945, With Annotations And Appendix Comparing The Provisions Therein With The Provisions In The Constitution Of 1875, As Amended And In Force On That Date / Compiled And Edited By Lester G. Seacat, 1945.

Missouri Constitutional Sections Related to Race and Education

No abstract provided.


Missouri Supreme Court; Respondents' Brief On Second Hearing; May Term 1939 May 1939

Missouri Supreme Court; Respondents' Brief On Second Hearing; May Term 1939

Case Materials

No abstract provided.


Letter, 1939-03-03, Lloyd Gaines To Callie Gaines; This Letter Is The Last Contact With His Family Before His Disappearance., Lloyd L. Gaines Mar 1939

Letter, 1939-03-03, Lloyd Gaines To Callie Gaines; This Letter Is The Last Contact With His Family Before His Disappearance., Lloyd L. Gaines

Gaines Family Correspondence

Envelope: Postmarked March 4th, 1939, Chicago, ILL., Stock Yards Sta.1; cancelled 3 cent stamp. Return address: LLGaines, Room 203, Wabash Ave. YMCA, Chicago Illinois. Addressed to: Mr. Callie S. Gaines, 3932 W. Belle Place, St. Louis, Missouri. Letter:8 pages (mis-numbered). This letter is the last contact with his family before his disappearance.


United States Supreme Court; Respondents' Supplemental Brief To U.S. S. Ct. Decision; October Term 1938 Oct 1938

United States Supreme Court; Respondents' Supplemental Brief To U.S. S. Ct. Decision; October Term 1938

Case Materials

No abstract provided.


United States Supreme Court; Decision; October Term 1938, Chief Justice Hughes Oct 1938

United States Supreme Court; Decision; October Term 1938, Chief Justice Hughes

Case Materials

No abstract provided.


United States Supreme Court; Bound Copy Of Petition Of Respondents' For Rehearing; October Term 1938 Oct 1938

United States Supreme Court; Bound Copy Of Petition Of Respondents' For Rehearing; October Term 1938

Case Materials

No abstract provided.


United States Supreme Court; Respondents' Brief In Opposition To Petition For Certiori; October Term 1938 Oct 1938

United States Supreme Court; Respondents' Brief In Opposition To Petition For Certiori; October Term 1938

Case Materials

No abstract provided.


Letter, 1937-11-30,Lloyd Gaines To George L. Gaines; Encourages Brother To Visit Lloyd In Ann Arbor, Michigan., Lloyd L. Gaines Nov 1937

Letter, 1937-11-30,Lloyd Gaines To George L. Gaines; Encourages Brother To Visit Lloyd In Ann Arbor, Michigan., Lloyd L. Gaines

Gaines Family Correspondence

Envelope: Postmarked Nov. 30, Ann Arbor, Mich. 2 cancelled 3 cent stamps. Return address: 1017 1/2 E. Catherine, Ann Arbor, Mich. Addressed to: Mr. Geo. D. Gaines, 3932 W. Belle Place, St.Louis, Missouri. Letter: 1 page letter on mongrammed stationery. Encourages brother to visit Lloyd in Ann Arbor, Michigan.


Missouri Supreme Court; Decision; September Term 1937, Judge William F. Frank Sep 1937

Missouri Supreme Court; Decision; September Term 1937, Judge William F. Frank

Case Materials

No abstract provided.


Letter, 1937-06-14,Lloyd Gaines To George L. Gaines; Discusses Work Prospects After Master's Degree Is Achieved., Lloyd L. Gaines Jun 1937

Letter, 1937-06-14,Lloyd Gaines To George L. Gaines; Discusses Work Prospects After Master's Degree Is Achieved., Lloyd L. Gaines

Gaines Family Correspondence

Envelope: Postmarked June 14, 1937, BUFF an CHI W.D. R.P.O.Special Delivery. 1 cancelled 10 cent stamp and 3 cent stamp. Return address: LL Gaines, 1017 1/2 E. Catherine, Ann Arbor, Mich. Addressed to: Mr. Geo D. Gaines, 3932 W. Belle Place, St. Louis, Missouri. Letter, 3 page letter with accompanying newspaper article. Discusses work prospects after master's degree is achieved.


Missouri Supreme Court; Respondant's Brief; May Term 1937 May 1937

Missouri Supreme Court; Respondant's Brief; May Term 1937

Case Materials

No abstract provided.


Letter, 1937-04-06, Lloyd Gaines To George L. Gaines; Postscript Regarding Mo Supreme Court Case., Lloyd L. Gaines Apr 1937

Letter, 1937-04-06, Lloyd Gaines To George L. Gaines; Postscript Regarding Mo Supreme Court Case., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. Letter 4 pages, black ink. Addressed from 1017 1/2 E. Catherine, Ann Arbor, Michigan, April 6, 1937. Discusses family news and life in Ann Arbor, Michigan. Postscript regarding MO Supreme Court case.


Letter, 1937-03-21, Lloyd Gaines To George L. Gaines; Financial Account Of Money Lloyd Owes George For Helping With Education Expenses., Lloyd L. Gaines Mar 1937

Letter, 1937-03-21, Lloyd Gaines To George L. Gaines; Financial Account Of Money Lloyd Owes George For Helping With Education Expenses., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 1 page note on 3x6 paper, black ink. Addressed from 1017 1/2 East Catherine, Ann Arbor, Michigan, March 21, 1937. Financial account of money Lloyd owes George for helping with education expenses.


Letter, 1937-03-20, Lloyd Gaines To George L. Gaines; Financial Account Of Money Lloyd Owes George For Helping With Education Expenses., Lloyd L. Gaines Mar 1937

Letter, 1937-03-20, Lloyd Gaines To George L. Gaines; Financial Account Of Money Lloyd Owes George For Helping With Education Expenses., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 2 page note on 3x6 paper, black ink. Addressed from 1017 1/2 East Catherine, Ann Arbor, Michigan, March 20, 1937. Financial account of money Lloyd owes George for helping with education expenses.


Letter, 1936-11-08, Lloyd Gaines To George L. Gaines; Letter Discusses Family Legal Issue That Lloyd Researched., Lloyd L. Gaines Nov 1936

Letter, 1936-11-08, Lloyd Gaines To George L. Gaines; Letter Discusses Family Legal Issue That Lloyd Researched., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 4 page letter on monogrammed stationery. Addressed from 1017 1/2 E. Catherine, Ann Arbor, Michigan, Nov. 8th, 1936. Letter discusses family legal issue that Lloyd researched.


Letter, 1936-10-27, Lloyd Gaines To George L. Gaines; Letter Discusses Financial Needs., Lloyd L. Gaines Oct 1936

Letter, 1936-10-27, Lloyd Gaines To George L. Gaines; Letter Discusses Financial Needs., Lloyd L. Gaines

Gaines Family Correspondence

No envelope. 4 page letter on monogrammed stationery. Addressed from 1017 1/2 E. Catherine, Ann Arbor, Michigan, Oct. 27th, 1936. Letter discusses financial needs.


Circuit Court, Boone County, Missouri; Respondents Trial Brief; June Term 1936 Jun 1936

Circuit Court, Boone County, Missouri; Respondents Trial Brief; June Term 1936

Case Materials

No abstract provided.


Circuit Court, Boone County, Missouri; Respondents Return To The Alt. Writ Of Mandamus; April Term 1936 Apr 1936

Circuit Court, Boone County, Missouri; Respondents Return To The Alt. Writ Of Mandamus; April Term 1936

Case Materials

No abstract provided.