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Articles 1 - 17 of 17

Full-Text Articles in Law

The Short History Of The Rule Of Law In The United States (1954-2016), Ryan Rowberry Jan 2019

The Short History Of The Rule Of Law In The United States (1954-2016), Ryan Rowberry

Faculty Publications By Year

Many Americans and outside observers assume that the United States of America was founded upon a cluster of principles known as the "Rule of Law". Indeed, Articles I, II, and III of the United States Constitution of 1789, purportedly establish the rights and authorities of three co-equal branches of government: the legislative, executive, and judicial branches. Adherence to the Rule of Law in the United States, however, has a much shorter history. During the 18th, 19th and early 20th centuries, the President of the United States - leader of the executive branch - often ignored or contradicted decisions by the …


Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito Jan 2018

Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito

Faculty Publications By Year

The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …


The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry Jan 2018

The Origins And Development Of Judicial Tenure 'During Good Behavior' To 1485, Ryan Rowberry

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No abstract provided.


Memorial: Nancy P. Johnson (1949-2014), Kristina L. Niedringhaus Jan 2015

Memorial: Nancy P. Johnson (1949-2014), Kristina L. Niedringhaus

Faculty Publications By Year

No abstract provided.


When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo Jul 2014

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

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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 …


North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo Aug 2013

North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo

Faculty Publications By Year

No abstract provided.


Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey Jan 2011

Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey

Faculty Publications By Year

The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …


Decolonization, Development, And Denial, Natsu Taylor Saito Jan 2010

Decolonization, Development, And Denial, Natsu Taylor Saito

Faculty Publications By Year

No abstract provided.


In Search Of Disappearing Information: Strategies For Preserving Access To Federal Documents On The Web, Meg Butler Sep 2008

In Search Of Disappearing Information: Strategies For Preserving Access To Federal Documents On The Web, Meg Butler

Faculty Publications By Year

No abstract provided.


The Corruption Of Civilizations, Timothy K. Kuhner Jan 2008

The Corruption Of Civilizations, Timothy K. Kuhner

Faculty Publications By Year

No abstract provided.


Escape From The Battle Of The Forms: Keep It Simple, Stupid, Corneill A. Stephens Jan 2007

Escape From The Battle Of The Forms: Keep It Simple, Stupid, Corneill A. Stephens

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This Article reviews the history of the "battle of the forms" issue arising when contracting parties submit conflicting terms to each other in attempting to form a contract and how courts have resolved issues arising from this, both under the original Uniform Commercial Code (UCC) Article 2 and the Revised Article 2. The author reviews the economic circumstances that gave rise to the current use of standard form contracts, such as lower transaction costs and the ability of a company to control the terms and the discretion of its personnel. He discusses how battle of the forms issues were resolved …


Love, Law, & Litigation In Colonial Georgia: The Trial And The Tribulation Of John Wesley In Savannah, E. R. Lanier Jan 2005

Love, Law, & Litigation In Colonial Georgia: The Trial And The Tribulation Of John Wesley In Savannah, E. R. Lanier

Faculty Publications By Year

No abstract provided.


Professor Frank R. Kennedy, Jack F. Williams Jan 2002

Professor Frank R. Kennedy, Jack F. Williams

Faculty Publications By Year

No abstract provided.


5 U.S. (1 Cranch) 137, 175, Eric J. Segall Jan 1999

5 U.S. (1 Cranch) 137, 175, Eric J. Segall

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No abstract provided.


A Century Lost: The End Of The Originalism Debate, Eric J. Segall Jan 1998

A Century Lost: The End Of The Originalism Debate, Eric J. Segall

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Focuses on the originalism debate on the constitutional law of the United States. Contemporary debate; Analysis on the debate; Views an arguments on originalism.


Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo Jan 1987

Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.


Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland Jan 1976

Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland

Faculty Publications By Year

No abstract provided.