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Articles 1 - 6 of 6
Full-Text Articles in Law
The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller
The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan
Faculty Scholarship
This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.
And Then There Was One, Douglas R. Heidenreich
And Then There Was One, Douglas R. Heidenreich
Faculty Scholarship
In the twentieth century's second decade, Minneapolis lawyers created four night law schools, all of which William Mitchell College of Law numbers among its predecessor institutions. By 1940, a single law school remained, an amalgam of the original four. It would unite in 1956 with its St. Paul counterpart to form William Mitchell College of Law.
The Great Transformation Of Regulated Industries Law, Joseph D. Kearney, Thomas W. Merrill
The Great Transformation Of Regulated Industries Law, Joseph D. Kearney, Thomas W. Merrill
Faculty Scholarship
The nation's approach to regulating its transportation, telecommunications, and energy industries has undergone a great transformation in the last quarter-century. The original paradigm of regulation, which was established with the Interstate Commerce Act's regulation of railroads beginning in 1887, was characterized by legislative creation of an administrative agency charged with general regulatory oversight of particular industries. This approach did not depend on whether the regulated industry was naturally competitive or was a natural monopoly, and it was designed to advance accepted goals of reliability and, in particular, non-discrimination. By contrast, under the new paradigm, which is manifested most clearly in …
The Courts And The Congress: Should Judges Disdain Political History?, Peter L. Strauss
The Courts And The Congress: Should Judges Disdain Political History?, Peter L. Strauss
Faculty Scholarship
In an earlier article in these pages, Professor John Manning argued that the use of legislative materials by courts in effect permits Congress to engage in delegation of its authority to subunits of the legislature, in violation of the separation of powers. Professor Strauss, acknowledging that the previous generation of courts may have excessively credited the minutiae of legislative history, responds that judicial attention to the political history of legislation is required, not forbidden, by considerations of constitutional structure. Only awareness of that history will promote interpretation reflective of the context and political moment of Congress's action. Our history of …
Recent Publications: Puerto Rico, Christina D. Ponsa-Kraus
Recent Publications: Puerto Rico, Christina D. Ponsa-Kraus
Faculty Scholarship
Ask yourself why you are reading a review of a book about a colony called Puerto Rico in a journal on international law. Isn't Puerto Rico a self-governing Commonwealth? Isn't it part of the United States? If you decide to buy the book, ask yourself where in the bookstore you should look for it. In the international relations section? The U.S. history section? A turn-of-the-century Supreme Court case analyzing the status of Puerto Rico (and other territories "acquired" by the United States in 1901) may provide some guidance: Puerto Rico is "foreign in a domestic sense."' Perhaps the bookstore has …