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2007

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Articles 8221 - 8250 of 10558

Full-Text Articles in Law

The Black Sox Trial: An Account, Douglas O. Linder Jan 2007

The Black Sox Trial: An Account, Douglas O. Linder

Faculty Works

The players on Charles Comiskey's 1919 Chicago White Sox team were a fractious lot with plenty to complain about. The club was divided into two gangs of players, each with practically nothing to say to the other. Together they formed the best team in baseball -- perhaps one of the best teams that ever played the game -- yet they were paid a fraction of what many players on other teams received. Comiskey's contributions to baseball were beyond question, but he was both a tightwad and a tyrant. The White Sox owner paid two of his greatest stars, outfielder Shoeless …


The Charles Manson (Tate-Labianca Murder) Trial, Douglas O. Linder Jan 2007

The Charles Manson (Tate-Labianca Murder) Trial, Douglas O. Linder

Faculty Works

In the annals of crime, there might never have been a more bizarre motive for killing than that revealed in the 1970-71 trial of four Manson Family members. In the twisted mind of thirty-four-year-old Charles Manson, a wave of bloody killings of high-society types in Los Angeles would be the spark that would set off a revolution by blacks against the white establishment. When blackie, as Manson called black people, proved unable to govern, they would turn to Manson and his tribe of followers, who would have survived Helter Skelter by hiding out in an underground cave in the Death …


The Dr. Sam Sheppard Trial, Douglas O. Linder Jan 2007

The Dr. Sam Sheppard Trial, Douglas O. Linder

Faculty Works

On July 4, 1954, Marilyn Sheppard, the wife of a handsome thirty-year-old doctor, Sam Sheppard, was brutally murdered in the bedroom of their home in Bay Village, Ohio, on the shore of Lake Erie. Sam Sheppard denied any involvement in the murder and described his own battle with the killer he described as bushy-haired. Did Sam do it? It's rare for a murder mystery to endure for over half a century. Almost always, if the mystery is not fully resolved at the trial, subsequent admissions, previously uncovered clues, or more sophisticated forensic tests reveal what the trial did not. Not …


The Impeachment Trial Of Andrew Johnson, Douglas O. Linder Jan 2007

The Impeachment Trial Of Andrew Johnson, Douglas O. Linder

Faculty Works

Andrew Johnson was a lifelong Democrat and slave owner who won a place alongside Abraham Lincoln on the 1864 Republican ticket in order to gain the support of pro-war Democrats. Johnson was fiercely pro-Union and had come to national prominence when, as a Senator from the important border state of Tennessee, he denounced secession as treason. In May, 1868, the Senate came within a single vote of taking the unprecedented step of removing a president from office. Although the impeachment trial of Andrew Johnson was ostensibly about a violation of the Tenure of Office Act, it was about much more …


The Sweet Trials: An Account, Douglas O. Linder Jan 2007

The Sweet Trials: An Account, Douglas O. Linder

Faculty Works

The automobile and manufacturing boom that began in Detroit about 1915 made the city a magnet for blacks fleeing the economic stagnation of the South. In the decade from 1915 to 1925, Detroit's black population grew more than tenfold, from 7,000 to 82,000. A severe housing shortage developed, as the city's compact black district could not accommodate all the new arrivals. Blacks brave enough to purchase or rent homes in previously all-white neighborhoods faced intimidation and violence. The spring and summer of 1925 saw several ugly housing-related incidents. It was in this violent summer of 1925 that a black doctor …


The Trial Of Zacarias Moussaoui, Douglas O. Linder Jan 2007

The Trial Of Zacarias Moussaoui, Douglas O. Linder

Faculty Works

On the horrific morning of September 11, 2001, when planes crashed into buildings and fell from the sky, Zacarias Moussaoui was sitting in a jail in Minnesota facing immigration charges. Even if he had not been arrested three weeks earlier, when he raised suspicion by paying large sums to a flight training school to learn to pilot a Boeing 747 despite his never having piloted a small plane, it seems unlikely that Moussaoui would have been the twentieth hijacker on one of the four doomed planes. Nonetheless, largely because of the convenient fact that he was alive and in custody, …


Who's In Charge: The Role Of The Military In Disaster Response, William Banks Jan 2007

Who's In Charge: The Role Of The Military In Disaster Response, William Banks

MC Law Review

No abstract provided.


Katrina And The Rhetoric Of Federalism, Christina E. Wells Jan 2007

Katrina And The Rhetoric Of Federalism, Christina E. Wells

MC Law Review

No abstract provided.


The Dakota Conflict Trials, Douglas O. Linder Jan 2007

The Dakota Conflict Trials, Douglas O. Linder

Faculty Works

The causes of the Dakota Conflict are many and complex. The treaties of 1851 and 1858 contributed to tensions by undermining the Dakota culture and the power of chieftains, concentrating malcontents, and leading to a corrupt system of Indian agents and traders. Annuity payments reduced the once proud Dakota to the status of dependents. Annuity payments for the Dakota were late in the summer of 1862. On Sunday, August 17, four Dakota from a breakaway band of young malcontents were on a hunting trip when they came across some eggs in a hen's nest along the fence line of a …


The Impeachment Trial Of President William Clinton, Douglas O. Linder Jan 2007

The Impeachment Trial Of President William Clinton, Douglas O. Linder

Faculty Works

In 1999, for only the second time in United States history, the Senate conducted an impeachment trial of a President. The acquittal of William Jefferson Clinton on February 12 came as no great surprise, given the near party-line vote on impeachment charges in the House of Representatives leading to the trial. The impeachment saga of President Clinton has its origins in a sexual harassment lawsuit brought in Arkansas in May, 1994 by Paula Jones, a former Arkansas state employee. Lawyers for Clinton argued that the Jones suit would distract him from the important tasks of his office and should not …


The Mcmartin Preschool Abuse Trial, Douglas O. Linder Jan 2007

The Mcmartin Preschool Abuse Trial, Douglas O. Linder

Faculty Works

The McMartin Preschool Abuse Trial, the longest and most expensive criminal trial in American history, should serve as a cautionary tale. When it was all over, the government had spent seven years and $15 million dollars investigating and prosecuting a case that led to no convictions. More seriously, the McMartin case left in its wake hundreds of emotionally damaged children, as well as ruined careers for members of the McMartin staff. No one paid a bigger price than Ray Buckey, one of the principal defendants in the case, who spent five years in jail awaiting trial for a crime (most …


The Trial Of John Brown: A Commentary, Douglas O. Linder Jan 2007

The Trial Of John Brown: A Commentary, Douglas O. Linder

Faculty Works

The arrest, trial, and execution of John Brown in the fall of 1859 came at a critical moment in United State history. According to historian David S. Reynolds in his biography, "John Brown, Abolitionist: The Man Who Killed Slavery, Sparked the Civil War, and Seeded Civil Rights" (2005), Brown's actions and statements following his failed attempt to begin a slave insurrection near Harper's Ferry, Virginia so polarized northern and southern opinion on the slavery issue as to ensure Abraham Lincoln's election and cause the Civil War to occur perhaps two decades earlier than it might have otherwise. Reynolds is quick …


The Trial Of Lizzie Borden, Douglas O. Linder Jan 2007

The Trial Of Lizzie Borden, Douglas O. Linder

Faculty Works

"Lizzie Borden took an axe, and gave her mother forty whacks. When she saw what she had done, she gave her father forty-one." Actually the Bordens received only 29 whacks, not the 81 suggested by the famous ditty, but the popularity of the poem is a testament to the public's fascination with the 1893 murder trial of Lizzie Borden. The source of that fascination might lie in the almost unimaginably brutal nature of the crime - given the sex, background, and age of the defendant - or in the jury's acquittal of Lizzie in the face of prosecution evidence that …


The Trial Of Louis Riel, Douglas O. Linder Jan 2007

The Trial Of Louis Riel, Douglas O. Linder

Faculty Works

By modern standards, the North-West Rebellion seems no big deal. Canadian forces easily quelled the uprising of a couple of hundred Metis settlers along the South Saskatchewan River. A majority of Metis in the region sat out the fighting, and only about one hundred persons died in the conflict. (Although that figure of one hundred deaths was significant in this sparsely populated region.) The importance of the North-West Rebellion, apart from establishing the ability of Canadian government to successfully carry out a military action far from its center of power, is symbolic. As has been often noted by historians, the …


The Trial Of Richard Bruno Hauptmann, Douglas O. Linder Jan 2007

The Trial Of Richard Bruno Hauptmann, Douglas O. Linder

Faculty Works

Journalist H. L. Mencken called the trial of Bruno Hauptmann, the accused kidnapper of the baby of aviator Charles Lindbergh, the greatest story since the Resurrection. While Mencken's description is doubtless an exaggeration, measured by the public interest it generated, the Hauptmann trial stands with the O. J. Simpson and Scopes trials as among the most famous trials of the twentieth century. The trial featured America's greatest hero, a good mystery involving ransom notes and voices in dark cemeteries, a crime that is every parent's worst nightmare, and a German-born defendant who fought against U. S. forces in World War …


The Trial Of Sacco And Vanzetti, Douglas O. Linder Jan 2007

The Trial Of Sacco And Vanzetti, Douglas O. Linder

Faculty Works

Sacco and Vanzetti: for a generation of Americans, the names of the two Italian anarchists are forever linked. Questions surrounding their 1921 trial for the murders of a paymaster and his guard bitterly divided a nation. As the two convicted men and their supporters struggled on through appellate courts and clemency petitions to avoid the electric chair, public interest in their case continued to grow. As the end drew near, in August 1927, hundreds of thousands of people - from Boston and New York to London and Buenos Aires - took to the streets in protest of what they perceived …


The Trial Of The Lincoln Assassination Conspirators, Douglas O. Linder Jan 2007

The Trial Of The Lincoln Assassination Conspirators, Douglas O. Linder

Faculty Works

For President Abraham Lincoln, things looked brighter on Friday, April 14, 1865 than they had for a long time. Five days earlier, General Robert E. Lee effectively ended the long nightmare of the Civil War by surrendering the Army of Northern Virginia, and just the previous day, the city of Washington celebrated the war's end by illuminating every one of its public building with candles. Candles also burned in most private homes, causing a city paper to describe the nation's capital as all ablaze with glory. The President decided he could finally afford an evening of relaxation: he would attend …


The Trials Of Lenny Bruce, Douglas O. Linder Jan 2007

The Trials Of Lenny Bruce, Douglas O. Linder

Faculty Works

In the late 1950s and early 1960s, Lenny Bruce was the spirit of hipness and rebellion. His underdog, idealistic humor took on every American sacred cow, from capitalism to organized religion to sexual mores. Fans were attracted to Bruce's dark sexiness and brutal honesty. Kenneth Tyson described Bruce as fully, quiveringly conscious. Bruce's rise to the status of cultural icon began in the mid-1950s in the strip clubs of southern California where Bruce began to develop the iconoclastic edginess that would be his trademark. In his autobiography, "How to Talk Dirty and Influence People", Bruce described the importance of the …


The Witchcraft Trials In Salem: A Commentary, Douglas O. Linder Jan 2007

The Witchcraft Trials In Salem: A Commentary, Douglas O. Linder

Faculty Works

From June through September of 1692, nineteen men and women, all having been convicted of witchcraft, were carted to Gallows Hill, a barren slope near Salem Village, for hanging. Another man of over eighty years was pressed to death under heavy stones for refusing to submit to a trial on witchcraft charges. Hundreds of others faced accusations of witchcraft. Dozens languished in jail for months without trials. Then, almost as soon as it had begun, the hysteria that swept through Puritan Massachusetts ended. Why did this travesty of justice occur? Why did it occur in Salem? Nothing about this tragedy …


The Trial Of John W. Hinckley, Jr., Douglas O. Linder Jan 2007

The Trial Of John W. Hinckley, Jr., Douglas O. Linder

Faculty Works

The verdict of not guilty for reason of insanity in the 1982 trial of John Hinckley, Jr. for his attempted assassination of President Ronald Reagan stunned and outraged many Americans. An ABC News poll taken the day after the verdict showed 83% of those polled thought justice was not done in the Hinckley case. Some people - without much evidence - attributed the verdict to an anti-Reagan bias on the part the Washington, D. C. jury of eleven blacks and one white. Many more people, however, blamed a legal system that they claimed made it too easy for juries to …


The Triangle Shirtwaist Factory Fire Trial, Douglas O. Linder Jan 2007

The Triangle Shirtwaist Factory Fire Trial, Douglas O. Linder

Faculty Works

It was a warm spring Saturday in New York City, March 25, 1911. On the top three floors of the ten-story Asch Building just off of Washington Square, employees of the Triangle Shirtwaist Factory began putting away their work as the 4:45 p.m. quitting time approached. Most of the several hundred Triangle Shirtwaist employees were teenage girls. Most were recent immigrants. Many spoke only a little English. Just then somebody on the eighth floor shouted, Fire! Flames leapt from discarded rags between the first and second rows of cutting tables in the hundred-foot-by-hundred-foot floor. Triangle employee William Bernstein grabbed pails …


The Treason Trial Of Aaron Burr, Douglas O. Linder Jan 2007

The Treason Trial Of Aaron Burr, Douglas O. Linder

Faculty Works

The high-stakes treason trial of Aaron Burr came at an unstable time, both in Europe and in America. The American and French revolutions worried traditional European powers, Great Britain and Spain, who were determined to keep the radical new doctrine from undermining the power of their royalty. Meanwhile, Napoleon's empire-building produced sustained military conflict on the Continent. The United States seemed on the verge of a war with Spain, even as the Administration struggled to preserve neutrality. Americans west of the Alleghenies rejoiced in President Jefferson's acquisition of the Louisiana Territory, but boundary disputes and Spanish prohibitions on Louisiana residents' …


Remarks Delivered At The Memorial Service For Senator Thomas F. Eagleton, John C. Danforth Jan 2007

Remarks Delivered At The Memorial Service For Senator Thomas F. Eagleton, John C. Danforth

Saint Louis University Law Journal

No abstract provided.


"Medicover": A Proposal For National Health Insurance, Maxwell J. Mehlman Jan 2007

"Medicover": A Proposal For National Health Insurance, Maxwell J. Mehlman

Faculty Publications

This Article provides a description of the events leading up to the workshop, the discussion that took place, and the proposal that emerged. The proposal is intended to be a discussion document rather than a final product. It needs greater detail, a clearer sense of its costs and financing mechanisms, and input from stakeholders. Nevertheless, the workshop participants believe that Medicover may be a viable option for helping to solve the current health care crisis.


City Government And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback Jan 2007

City Government And Predatory Lending, Jonathan L. Entin, Shadya Y. Yazback

Faculty Publications

Predatory lending is heavily concentrated in low- and moderate-income neighborhoods and disproportionately affects minorities and the elderly. The consequences of predatory lending are devastating not only to the consumers who fall prey to unscrupulous lenders' tactics, but to the community as a whole. For these reasons, many cities have tried to regulate or prohibit the practice. These efforts face formidable legal obstacles, however. This article examines the problems that cities face in suing as parens patriae on behalf of their residents, the strong possibility that even home rule municipalities will find their efforts preempted by state law, and the growing …


Defining Religion: The Struggle To Define Religion Under The First Amendment And The Contributions And Insights Of Other Disciplines Of Study Including Theology, Psychology, Sociology, The Arts, And Anthropology, Jeffrey Omar Usman Jan 2007

Defining Religion: The Struggle To Define Religion Under The First Amendment And The Contributions And Insights Of Other Disciplines Of Study Including Theology, Psychology, Sociology, The Arts, And Anthropology, Jeffrey Omar Usman

North Dakota Law Review

No abstract provided.


A President And A Chief Justice: The Disparate Destinies Of Abraham Lincoln And Roger B. Taney, Robert Fabrikant Jan 2007

A President And A Chief Justice: The Disparate Destinies Of Abraham Lincoln And Roger B. Taney, Robert Fabrikant

North Dakota Law Review

No abstract provided.


Protecting Public Health From Outside The Physician's Office: A Century Of Fda Regulation From Drug Safety Labeling To Off-Label Drug Promotion, Katherine A. Helm Jan 2007

Protecting Public Health From Outside The Physician's Office: A Century Of Fda Regulation From Drug Safety Labeling To Off-Label Drug Promotion, Katherine A. Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Big Shop Of Horrors: Ownership In Theatrical Design, Jennifer Womack Jan 2007

Big Shop Of Horrors: Ownership In Theatrical Design, Jennifer Womack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein Jan 2007

Finding Worth In The New Workplace: The Implications Of Comparable Worth's Reemergence In The Global Economy, Daniel N. Kuperstein

Hofstra Labor & Employment Law Journal

No abstract provided.