Law Commons^™

Restoring Hope For Heirs Property Owners: The Uniform Partition Of Heirs Property Act, Thomas W. Mitchell

Faculty Scholarship

For well over 125 years, many Americans have lost their tenancy-in-common property involuntarily in various legal proceedings. For example, courts throughout this country have often resolved partition actions, a legal proceeding in which a tenant in common seeks to exit a tenancy in common, by ordering a forced, partition sale of the property even when these courts could have ordered a remedy that would have preserved the property rights of the tenants in common. Though partition sales have negatively impacted a broad cross section of people in this country, the sales have particularly impacted poor and disadvantaged African-Americans, Hispanics, white …

Agenda: Flpma Turns 40, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

FLPMA Turns 40 (October 21)

The Bureau of Land Management (BLM) administers approximately 245 million acres of our public lands and yet, for most of our nation's history, these lands seemed largely destined to end up in private hands. Even when the Taylor Grazing Act of 1934 ushered in an important era of better managing public grazing districts and "promoting the highest use of the public lands," such use of our public lands still was plainly considered temporary, "pending its final disposal." It was not until 1976 with the passage of the Federal Land Policy and Management Act (FLPMA) that congress adopted a policy that …

The New Labor Law, Kate Andrias

Articles

Labor law is failing. Disfigured by courts, attacked by employers, and rendered inapt by a global and fissured economy, many of labor law’s most ardent proponents have abandoned it altogether. And for good reason: the law that governs collective organization and bargaining among workers has little to offer those it purports to protect. Several scholars have suggested ways to breathe new life into the old regime, yet their proposals do not solve the basic problem. Labor law developed for the New Deal does not provide solutions to today’s inequities. But all hope is not lost. From the remnants of the …

Trending @ Rwu Law: Michael Bowden's Post: Come & Celebrate Roger On The Block 08/31/2016, Michael Bowden

Law School Blogs

No abstract provided.

Framework For Drafting Ecological Objectives For Water Sharing Plans - Submission Of The Nsw Aboriginal Land Council, Geoff Scott, New South Wales Aboriginal Land Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

4 pages

Contains 1 footnote

Letter addressed to Nick Cook, A/Team Leader, WSP Science & Evaluation - North, NSW Office of Water, from Geoff Scott, Chief Executive Officer, New South Wales Aboriginal Land Council.

Newsroom: New York Times: Teitz On Touro Synagogue 5-16-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Defending A Mixed Economy, Herbert J. Hovenkamp

All Faculty Scholarship

This essay reviews Jacob S. Hacker's and Paul Pierson's very engaging book, American Amnesia: How the War on Government Led Us to Forget what Made America Prosper (2016).

Creating (And Teaching) The "Bail-To-Jail" Course, Jerold H. Israel

Articles

Yale Kamisar has explained how events that occurred about fifty years ago led to the creation of a stand-alone criminal procedure course and, a few years later, led to the division of that stand-alone course into two courses. The second of those courses came to be called, almost from the outset, the "Jail-to-Bail" course. My focus today is on why that course was created and how it was shaped. Modern Criminal Procedure, as Yale has noted, was the first coursebook designed for a stand-alone course in criminal procedure. Modern was published in 1966. A year earlier, the first version …

A Riff On Billy The Kid, Richard H. Underwood

Law Faculty Scholarly Articles

In this essay the author discusses Billy Joel’s recording of Billy the Kid and that song's history.

Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert

Articles

The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.

In particular, I …

Historical Headnotes: A Case Study Of A Research Problem, Amelia Landenberger

Law Faculty Popular Media

This article began as a case study of a legal research problem: how to properly attribute a note that was printed in the margins of a historical case reporter. The article guides the reader through various methods of investigating ambiguities in historical legal texts, including comparing the electronic and print versions of the text, contacting editors at Westlaw and Lexis, conducting research in contemporary newspapers, and researching the author of the document. The article also addresses the importance of early court reporters and court reporting generally. It concludes with a reminder to carefully consider sources of information and the reporters …

The Threat Of Independent Political Spending To Democratic Life—And A Plan To Stop It, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

No abstract provided.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …

The Five Days In June When Values Died In American Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser

Publications

No abstract provided.

Scholars And Radicals: Writing And Re-Thinking Class Structure In Australian History, Terence H. Irving, R.W. Connell

Faculty of Law, Humanities and the Arts - Papers (Archive)

We wrote Class Structure in Australian History in a period of heightened social struggle. It grew out of collaborative research projects at Sydney's Free U in the late 1960s. The book was distinctive in both emphasising the socialist tradition of class analysis and trying to find new paths for it. Its first edition was ignored by mass media, and often mis-interpreted in professional journals. Nevertheless it circulated widely and has continued to be a point of reference for progressive scholarship. Its method tried to carry forward the Free U project of democratic knowledge making, linking documents with analysis and inviting …

Radical History: Thinking, Writing And Engagement, Terence H. Irving, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

In recent years, in various places and on our blog ‘Radical Sydney/Radical History’ we have written about radical history. As radical historians we seek out, explore, and celebrate the diversities of alternatives and oppositions, arguing there is a basic tension between radical history and ‘mainstream history’, a history that is constituted to prop up both capitalism and the state. We see our history as part of the struggle against capitalism and the state. In researching the past, we do not do it nostalgically, but with utilitarian, political intent, recognising that the past has the capacity to variously inspire and inform …

The Barber Who Read History And Was Overwhelmed, Rowan Cahill

Faculty of Law, Humanities and the Arts - Papers (Archive)

Beginning with a chance encounter in a Barber's shop whilst travelling, the author ruminates on history, and the proposition that each and everyone of us is an historian, and that in a sense we are all time travellers. Bertolt Brecht (1898-1956) is invoked, and the role of radical historians from below discussed before the author returns to his Barber shop encounter, and to Brecht. The title of the piece references Brecht's poem A Worker Reads History (1936).

Pinkwashing The Past: Gay Rights, Military History And The Sidelining Of Protest In Australia, Tanja Dreher

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper explores the implications of the militarisation of Australian history and the dilemmas of increasing public support for same-sex marriage in Australia at a time of renewed assaults on Indigenous rights, austerity measures and the silencing of dissent. The paper analyses the celebratory rhetoric which increasingly typifies both marriage equality campaigns and the commemoration of Australia's First World War or 'Anzac' history in popular media and public debate. Against the confluence between ongoing debates on same-sex marriage and the 'Anzac myth', I highlight four key challenges: the silencing of dissent; forgetting of the Frontier Wars; untold stories of civil …

Sites To Remember: Performing The Landscape In Cultural History, Janys Hayes

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper aims to compare and contrast two site-specific performance productions, both designed to grapple with processes of cultural remembrance, whilst also operating as successful tourist attractions. The narratives encompassed by both productions revolve around shared Australian histories, for audiences attracted by place and what it is able to represent. Re-enactments of past events call into the present a consideration of what still remains, with both shows enabling new subjective interpretations of earlier times. The defining difference between the two, however, rests in the context of each performance, in the one case as a commodification of heritage and in the …

Camden History V4 N2, Ian C. Willis

Faculty of Law, Humanities and the Arts - Papers (Archive)

CAMDEN HISTORY Journal of the Camden Historical Society Inc. Contents Brian Stratton - the story of a local artist 40 Linda and David van Nunen Memories of Barbering 50 Col Smith Horse History in Western Sydney: Kirkham Stud 60 Mark Latham Dairy Farmer to Young Local Historian 67 Sophie Mulley Echoes of the Appin Massacre 1816 76 Ian Willis Growing up in Camden 81 Joy Riley President's Report 2015 - 2016 86 Bob Lester Pansy, The Camden - Campbelltown Train 91 Photographs by Wayne Bearup Camden Arcade 25th Anniversary Address 97 Christos Scoufis A Personal Reflection on Local History Studies …

Lights Hidden Under Bushel's Case, Thomas A. Green

Book Chapters

Some forty years ago, Charlie Donahue created a course which he titled "Law, Morals and Society." Designed for undergraduates, and situated among the offerings of the University of Michigan's interdisciplinary Medieval and Renaissance Collegium, the course reflected the approach to doing history that, as this volume recognizes, Charlie has followed throughout his long and enormously influential career as scholar, teacher, lecturer, and inepressible master of well-timed interventions during conference-panel discussion periods. "LMS" was composed of four units. Charlie, who taught two of them, led off with the legal basis for the deposition of Richard II; I followed with the law …

If Corporations Are People, Why Can’T They Play Tag?, Cody Jacobs

Faculty Scholarship

The Supreme Court’s decision in Burnham v. Superior Court — despite producing a splintered vote with no opinion garnering a majority of the Court — made one thing clear: an individual defendant can be subject to personal jurisdiction simply by being served with process while he or she happens to be in a forum regardless of whether the defendant has any contacts with that forum. This method of acquiring personal jurisdiction is called transient or “tag” jurisdiction. Tag jurisdiction is older than minimum contacts jurisdiction, and used to be the primary method for determining whether an out of state defendant …

Ancient And Comely Order: The Use And Disuse Of Arbitration By New York Quakers, F. Peter Philips

Articles & Chapters

From the late 17th century, the Religious Society of Friends (“Quakers”) observed a method of resolving disputes arising within congregations that was scripturally based, and culminated in final and binding arbitration. The practice of Quaker arbitration gradually disappeared during the late 19th and early 20th centuries, and few modern Quakers are even aware of it. This article traces that decline and notes similarities with mercantile arbitration. In both religious and mercantile arbitration, a defined community valued the goal of avoiding group disruption more than the goal of vindicating individual legal rights. In both cases, members of the community applied distinct …