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Articles 1 - 30 of 43
Full-Text Articles in Law
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
Danaher V. Hopkins (Sc 2879), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2879. Photocopy of decision of Kentucky Court of Appeals in Danaher v. Hopkins, rendered on 24 October 2014. The court rules on an appeal from the Warren Circuit Court regarding custody of the child of the parties in the case.
Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino
Faith, Works, And Praxis: Emergent Post-Colonialism And The Catholic Church In North America, Alexander Odicino
Student Scholar Symposium Abstracts and Posters
The personal papers of American Jesuit priest, Wilfrid Parsons, evince an international information war concerned with the praxis of "facts" pertaining to Mexico’s Church and state conflicts of 1925 to 1939. While editor-in-chief of the Jesuit weekly magazine, "America", (1925-1936) Parsons transformed the publication into the pre-eminent Catholic source of information about the "Mexican situation", consequently enabling him to coordinate the publication of "facts" with several other New York based Catholic publications. However, rather than speaking to strictly Catholic interests in the Mexican conflict, research has shown that, when analyzed as a focal point of information processing, the sources in …
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Shelby County V. Holder - Brief Contextualized, Mark W. Wolfe
Student Publications
This paper begins with three major factors that set the stage for Shelby: first, a history of the VRA; second, an overview of Northwest Austin with a focus on how it led directly to Shelby; and finally, Shelby County’s motivations for bringing the suit. An examination of racial demographics compared to statistics on voter registration and minority officeholders in Alabama and Louisiana—two states originally subject to preclearance—follows in light of the Court’s claims on the matter. A conclusion will take a brief look at laws passed since Shelby with an eye towards a future critique. [excerpt]
Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun
Post-9/11 Illegal Immigrant Detention And Deportation: Terrorism And The Criminalization Of Immigration, Stefany N. Laun
Student Publications
This paper analyzes the changes in immigration policy since the terrorist attacks of September 11, 2001 in terms of how immigrants are viewed in the United States. The goal is to address the recent criminalization of immigration in that the perceptions of terrorists and immigrants have become relatively synonymous since 2001. Although deportations have decreased, immigrant detention has increased significantly. Detention centers pose threats to the basic human rights of the immigrants residing in them, as well as perpetuate the culture of fear enveloping recent immigrants, whether they are legally or illegally in the country, and native United States citizens …
An Insider's Guide To Notre Dame Law School, Notre Dame Law School
An Insider's Guide To Notre Dame Law School, Notre Dame Law School
About the Law School
We are thrilled to be among the first to receive you into our family. We know that this is an exciting time for you and that, if you are anything like we were just a couple of years ago, you probably have plenty of questions about law school and Notre Dame. That‘s why we've prepared the Guide. We hope it will answer many of your questions and that it will provide a window into Notre Dame Law School. We also hope that once you look through that window, you‘ll be as eager to join us as we are to have …
So We Ran..., Sara R. Bias
So We Ran..., Sara R. Bias
Student Publications
This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.
Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias
Italy’S Refugee Burden And The Role Of The Eu In Asylum Cases, Sara R. Bias
Student Publications
Italy's unique geographic location at the coast of the Mediteranean Sea gives much opportunity for the international community to criticize its dealings with asylum seekers crossing the body of water to enter Europe. The UNHCR reported that as of October 2014, 165,000 asylum seekers had taken dangerous journeys across the Mediterranean Sea; of those 165,000 people, Italy received 140,000.
International Organizations: An Early History, Michael Davies, Richard Woodward
International Organizations: An Early History, Michael Davies, Richard Woodward
Books/Book Chapters
This text provides a pioneering and comprehensive analysis of over one hundred international organizations. After introducing the broad historical and contextual settings, the book covers the full range of international organisations including those that are often overlooked or get minimal inclusion elsewhere. Each organization is analysed in a stand-alone section that consider its origins, basic mandates and evolution, the governance structure and the associated key players, current activities and future challenges. The descriptions also reflect each organization’s broader relationships with other international bodies.
Trade, Bert Chapman
Trade, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of analysis of U.S. foreign trade policy during the early decades of the country's history. Examines bilateral U.S. trade relations with France and Great Britain, provides import and export statistics, details on commodities and products imports and exported, trade statistics, and information on the political and economic factors shaping U.S. trade during this period.
New York Stock Exchange, Bert Chapman
New York Stock Exchange, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of the origins and early development of the New York Stock Exchange.
Revenue, U.S. Government, Bert Chapman
Revenue, U.S. Government, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides a historical overview of U.S. Government revenue receipts and spending during the early years of national history. Presents revenue generation statistics, information on revenue sources, and information on domestic and international political and economic factors affecting government revenue receipts.
Ineffective Assistance Of Counsel Before Powell V. Alabama: Lessons From History For The Future Of The Right To Counsel, Sara Mayeux
All Faculty Scholarship
The doctrinal literature on ineffective assistance of counsel typically begins with the 1932 Supreme Court case of Powell v. Alabama. This symposium contribution goes back farther, locating the IAC doctrine’s origins in a series of state cases from the 1880s through the 1920s. At common law, the traditional agency rule held that counsel incompetence was never grounds for a new trial. Between the 1880s and the 1920s, state appellate judges chipped away at that rule, developing a more flexible doctrine that allowed appellate courts to reverse criminal convictions in cases where, because of egregious attorney ineptitude, there was reason …
Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons
Professed Values, Constructive Interpretation, And Political History: Comments On Sotirios Barber, The Fallacies Of States' Rights, David B. Lyons
Faculty Scholarship
Our barely functioning Congress seems to embody the issues that this conference on constitutional dysfunction is meant to address. At this moment, however, congressional disarray may result less from institutional design than from our lasting heritage of white supremacy. Republican control of the House owes much to the party's Southern Strategy, which has exploited widespread dissatisfaction with the Democrats' official renunciation of racial stratification. That challenge to the American Way is exacerbated by the idea, outrageous to some, of a black President. That context has some bearing on this Symposium's topic of federalism. For, as Professor Larry Yackle reminds us, …
When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo
When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo
Faculty Publications By Year
James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back …
Bates, James Preston, 1810-1877 - Relating To (Sc 2850), Manuscripts & Folklife Archives
Bates, James Preston, 1810-1877 - Relating To (Sc 2850), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid, scan and typescript (Click on "Additional Files" below) for Manuscripts Small Collection 2850. Resolution of sympathy of a committee of the Bowling Green, Kentucky bar on the death of James P. Bates on 30 November 1877. Includes a sketch of Bates’s life.
Beauchamp, Hiram Jett, 1833-1881 - Relating To (Sc 2849), Manuscripts & Folklife Archives
Beauchamp, Hiram Jett, 1833-1881 - Relating To (Sc 2849), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and typescript (Click on "Additional Files" below) for Manuscripts Small Collection 2849. Resolution of sympathy, 5 January 1881, by officers and members of the Bowling Green, Kentucky bar on the death of Hiram J. Beauchamp on 1 January 1881. Includes a sketch of Beauchamp’s life.
Letter To Editor Indiana Magazine Of History, Bert Chapman
Letter To Editor Indiana Magazine Of History, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Letter responding to comparison of Guantanamo bay terrorist detainees with the noted Indiana Civil War case of Lambdin Milligan, ultimately decided by the U.S. Supreme Court, who was detained by Union military authorities during the Civil War for his pro-confederate activities and tried by a military court.
A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee
A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee
All Faculty Scholarship
Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman’s account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms “reverse state action” (the targeting of private actors) and “government by numbers” (the use of statistics to identify and remedy violations of civil rights laws) defined the civil rights revolution. Together they “requir[ed] private actors, as well as state officials, to . . . realize the principles of constitutional equality” and allowed the federal government to …
Stovall, Bartholomew W., 1759-1841 - Estate Of (Sc 2835), Manuscripts & Folklife Archives
Stovall, Bartholomew W., 1759-1841 - Estate Of (Sc 2835), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 2835. Holographic transcript of a Tennessee Supreme Court case, Logan D. Key vs. William Stovall, et al., related to the settlement of Bartholomew W. Stovall’s estate.
Partisan Gridlock In The Contiguous States: Credit Ratings, Economic Stability, And The Ramifications Of Political Competitiveness, Polarization, And Party Control In U.S. State Legislatures, 1992-2010, Logan Nee
Honors College
Today’s complex sociopolitical context features an increasing determent of fundamental bipartisan principles and negotiation at both the federal and state levels of government. A competitive political environment akin to post-Civil War times, amplified by growing partisan polarization and politicians’ quest for party allegiance and self-reward, pervasively discourages productive compromising efforts to work across the isle. We believe this hinders government’s sole and rather straightforward fiscal duty: to provide stable, healthy, and predictable economic conditions for its constituents. Credit ratings offer a window into the interaction of public policy, political uncertainty, and economic performance, which all lie at the nucleus of …
The Idea Of Democracy In The Early Republic, Keith Whittington
The Idea Of Democracy In The Early Republic, Keith Whittington
Schmooze 'tickets'
No abstract provided.
American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein
American Innovations In Democratic Decision-Making, Leslie Friedman Goldstein
Schmooze 'tickets'
No abstract provided.
Salmon, James M., 1834-1904 (Sc 1251), Manuscripts & Folklife Archives
Salmon, James M., 1834-1904 (Sc 1251), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Small Collection 1251. Fee book kept by James M. Salmon while serving as a constable in Metcalfe County, Kentucky, from 1860-1864. Some personal accounts are included, as well as a summons, 1857, and a business note, 1888.
Bombing For Justice: Urban Terrorism In New York City From The 1960s Through The 1980s, Jeffrey A. Kroessler
Bombing For Justice: Urban Terrorism In New York City From The 1960s Through The 1980s, Jeffrey A. Kroessler
Publications and Research
From the mid-1960s into the 1980s New York City experienced a wave of political violence and urban terrorism. Groups planted bombs, hijacked airliners, and engaged in assassination and attempted assassination to advance political, racial, or nationalist agendas. They included the Jewish Defense League, the Weathermen, the Black Panthers and the Black Liberation Army, FALN and other advocates of Puerto Rican independence, the United Freedom Front, Omega 7 and other anti-Castro Cubans, and Croatian nationalists. Juries often failed to convict these individuals, and others received light sentences. Judges scrutinized police actions for abuses of constitutional rights, and attorneys like William Kunstler …
Law And Fiction In Medieval Iceland: The Story In The Gragas Manuscripts, Thomas J. Mcsweeney
Law And Fiction In Medieval Iceland: The Story In The Gragas Manuscripts, Thomas J. Mcsweeney
Studio for Law and Culture
Medieval Icelandic law has been appropriated for modern purposes as diverse as creating a history for European democracy and proving that a libertarian legal system can work in practice. It has been put to so many modern uses because it presents us with a picture of the Icelandic Commonwealth (ca. 930-1262) as a society of free and relatively equal farmers who operated with no king, no nobility, and minimal government. The laws represent Iceland as an exceptional polity, strikingly different from the monarchies and hierarchical societies that dominated Western Europe in the middle ages. This exceptionalism resonates strongly with modern …
Child Labor In America: A History By Chaim M. Rosenberg, Joel E. Black
Child Labor In America: A History By Chaim M. Rosenberg, Joel E. Black
Book Reviews
No abstract provided.
A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer
A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer
Faculty Articles
The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Faculty Articles
America was born in revolution. Outraged at numerous abuses by the British crown—to include the conduct of British soldiers in the colonists’ daily lives—Americans declared their independence, creating a new republic with deep suspicions of a standing army. These suspicions were intensely debated at the time of the nation’s formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. This did not occur until after the Civil War when Southern congressmen successfully co-opted the framers’ earlier concerns of a standing army and passed a criminal statute—the 1878 Posse …
"Feminist Lawyers And Political Change In Modern France, 1900-1940." In Eva Schandevyl Ed., Women In Law And Law-Making In The Nineteenth And Twentieth Century Europe, Chapter 2. Aldershot: Ashgate, 2014: 45-73., Sara L. Kimble
School of Continuing and Professional Studies Faculty Publications
This research considers how French female lawyers participated in legal reform during the period from 1900 to 1940. Frenchwomen were admitted to the legal profession in 1900 by an act of parliament and this reform brought political implications in its wake. My research on the first cadres of female lawyers illustrates that that they were unusually political active. As unequal members of the profession and unequal citizens in the society many of these new professionals engaged in a vigorous defense of equality and justice.
Review Of Subject Stages: Marriage, Theater, And The Law In Early Modern Spain, Gladys Robalino
Review Of Subject Stages: Marriage, Theater, And The Law In Early Modern Spain, Gladys Robalino
Modern Language Educator Scholarship
En Subject Stages, Carrión estudia la relación entre las leyes de la España contra reformista del XVI y XVII, el teatro y la institución del matrimonio. Yéndose en contra de la propuesta de José Antonio Maravall de que el teatro de la época era un mecanismo de propaganda de la monarquía absolutista católica, Carrión propone, a través del ejemplo del matrimonio, que varios escenarios públicos—incluyendo el teatro—resistían prescripciones diseñadas por la ideología dominante. Carrión trabaja sobre la premisa de que tanto los espacios legales (cortes judiciales), como los espacios teatrales (escenarios) de la España de la época revelan la existencia …