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Full-Text Articles in Law

Americans' Unwillingness To Pay Taxes Before The American Revolution: An Uncomfortable Legacy, Richard A. Westin Mar 2012

Americans' Unwillingness To Pay Taxes Before The American Revolution: An Uncomfortable Legacy, Richard A. Westin

Law Faculty Scholarly Articles

When one reflects on the sorry condition of America’s finances one has to wonder why there is such resistance to fiscal discipline. Is it merely because there is an obstreperous group in the US Congress who cannot abide any tax? Has the public been subtly lobbied into believing that American taxes are high, pointless and intolerable or is there some gene in the America’s body politic that has always been there that expresses itself from time to time in a pernicious cheapness? Perhaps all those things are true, or perhaps none. Nevertheless, a glance backward at Colonial days ...


It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri Jan 2012

It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri

Common Reading Essay Contest Winners

First Place


Review Of Zheng Yangwen And Charles J-H Macdonald, Personal Names In Asia: History, Culture And Identity And Khun Eng Kuah-Pearce, Rebuilding The Ancestral Village: Singaporeans In China, Jason Lim Jan 2012

Review Of Zheng Yangwen And Charles J-H Macdonald, Personal Names In Asia: History, Culture And Identity And Khun Eng Kuah-Pearce, Rebuilding The Ancestral Village: Singaporeans In China, Jason Lim

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

Both Personal names in Asia: History, culture and identity and Rebuilding the ancestral village: Singaporeans in China share a common theme of individuals and communities having to change with the times. Personal names examines individual and collective reactions to societal transformation through name changes; Rebuilding the ancestral village examines Chinese Singaporeans’ collective memory of, and struggles to maintain ties with, such villages in China.


Review: Dawn For Islam In Eastern Nigeria: A History Of The Arrival Of Islam In Igboland By Egodi Uchendu, Josip Matesic Jan 2012

Review: Dawn For Islam In Eastern Nigeria: A History Of The Arrival Of Islam In Igboland By Egodi Uchendu, Josip Matesic

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

Egodi Uchendu’s Dawn for Islam in Eastern Nigeria: A History of the Arrival of Islam in Igboland attempts to account for the arrival of Islam in Igboland (Nigeria’s ‘Christian heartland’) at the beginning of the twentieth century, and its survival and modest growth from that time onwards. As Uchendu writes, she wants to know how and why a region known to be opposed to Islam has accommodated Islam for a century.


'The Riddle Of History Solved': Socialist Strategy, Modes Of Production And Social Formations In Capital, Mike Donaldson Jan 2012

'The Riddle Of History Solved': Socialist Strategy, Modes Of Production And Social Formations In Capital, Mike Donaldson

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

Reflecting on Capital again allows one to place it within the arc of Marx’s unfolding work on social formations and modes of production in a wide variety of times and places. In this article, I show how Marx’s detailed and incisive analysis in Capital of the capitalist mode of production, its origins, functioning and future, made him more keenly aware of other modes of production and of their possibilities in a better future.


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Jan 2012

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

All Faculty Scholarship

This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.


Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan Jan 2012

Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan

Law Faculty Publications

Book Review of Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America by Elaine Forman Crane


Saving The Press Clause From Ruin: The Customary Origins Of A 'Free Press' As Interface To The Present And Future, Kevin F. O'Neill, Patrick J. Charles Jan 2012

Saving The Press Clause From Ruin: The Customary Origins Of A 'Free Press' As Interface To The Present And Future, Kevin F. O'Neill, Patrick J. Charles

Law Faculty Articles and Essays

Based on a close reading of original sources dating back to America's early colonial period, this article offers a fresh look at the origins of the Press Clause. Then, applying those historical findings, the article critiques recent scholarship in the field and reassesses the Press Clause jurisprudence of the Supreme Court. Finally, the article describes the likely impact of its historical findings if ever employed by the Court in interpreting the Press Clause.


The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine Jan 2012

The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine

Articles

Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a ...


The Question Of Courage, William I. Miller Jan 2012

The Question Of Courage, William I. Miller

Articles

Courage is first among virtues in heroic epic and in cultures of honor. Men cared to be known for their courage. It not only took courage to fight well, but the issue often being fought over was who had more of it. Courage was competitive. Men were ranked according to the degree of courage they possessed. Arguments arose as to what counted as truly courageous, what the perfect form of the virtue was, and what were lesser though still worthy semblances of it. Not only philosophers theorized about courage: warriors, politicians and spectators did so as well. The stakes were ...


Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus Jan 2012

Bringing Clarity To Administrative Search Doctrine: Distinguishing Dragnets From Special Subpopulation Searches, Eve Brensike Primus

Articles

Anyone who has been stopped at a sobriety checkpoint, screened at an international border, scanned by a metal detector at an airport or government building, or drug tested for public employment has been subjected to an administrative search or seizure. Searches of public school students, government employees, and probationers are characterized as administrative, as are business inspections and-increasingly-wiretaps and other searches used in the gathering of national security intelligence. In other words, the government conducts thousands of administrative searches every day. None of these searches requires either probable cause or a search warrant. Instead, courts evaluating administrative searches need only ...


A Neo-Chicago Perspective On Antitrust Institutions, Daniel A. Crane Jan 2012

A Neo-Chicago Perspective On Antitrust Institutions, Daniel A. Crane

Articles

It has long been fashionable to categorize antitrust by its "schools." From the Sherman Act's passage to World War II, there were (at least) neo-classical marginalism, populism, progressivism, associationalism, business commonwealthism, and Brandeisianism. From World War II to the present, we have seen (at least, and without counting the European Ordo-Liberals) PaleoHarvard structuralism, the Chicago School, Neo-Harvard institutionalism, and Post -Chicagoans. So why not Neo-Chicago? I am already on record as suggesting the possible emergence of such a school, so it is too late for me to dismiss the entire "schools" conversation as window-dressing. This Symposium is dedicated to ...


Transfer Pricing Disputes In The United States, Reuven S. Avi-Yonah Jan 2012

Transfer Pricing Disputes In The United States, Reuven S. Avi-Yonah

Book Chapters

In 1988, the US Treasury Department published a study of inter-company pricing (the 'White Paper') that included the following endorsement of the so-called arm's length standard (ALS) for examining the reasonableness of transactions between related parties for tax purposes: The arm's length standard is embodied in all U.S. tax treaties; it is in each major model treaty, including the U.S. Model Convention; it is incorporated into most tax treaties to which the United States is not a party; it has been explicitly adopted by international organizations that have addressed themselves to transfer pricing issues; and virtually ...


Refugees And Asylum, James C. Hathaway Jan 2012

Refugees And Asylum, James C. Hathaway

Book Chapters

During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection and ...


Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott Jan 2012

Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott

Book Chapters

When is it appropriate to apply the term ‘slavery’—a concept that appears to rest on a property right—to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in ...


The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar Jan 2012

The Rise, Decline And Fall(?) Of Miranda, Yale Kamisar

Articles

There has been a good deal of talk lately to the effect that Miranda1 is dead or dying-or might as well be dead.2 Even liberals have indicated that the death of Miranda might not be a bad thing. This brings to mind a saying by G.K. Chesterton: "Don't ever take a fence down until you know the reason why it was put up."4


Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton Jan 2012

Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton

Scholarly Works

No abstract provided.


Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford Jan 2012

Mass Murderers Discover Mass Murder: The Germans And Katyn, 1943, Kenneth F. Ledford

Faculty Publications

After the German army in 1943 discovered the graves of murdered Polish army officers in the Katyn Forest, Joseph Goebbels embarked upon a cynical publicity campaign to spread before the world the perils of Bolshevik success. But the Nazi discovery of Soviet crimes against leaders of Polish state and society elided the reality that from the very beginning of the German invasion of Poland, the SS had carried out identical mass murders of Polish intellectuals and other social leaders. Goebbels's campaign amounted to mass murderers ““uncovering” mass murders on the part of their adversaries and seeking cynically to use ...