Law Commons^™

Marshall As A Judge, Robert Post

Fordham Law Review

Marshall is a towering and inspirational figure in the history of American constitutional law. He changed American life forever and unquestionably for the better. But the contemporary significance of Marshall’s legacy is also, in ways that challenge present practices and beliefs, ambiguous.

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this takes place …

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, Teri A. Mcmurtry-Chubb

The Scholar: St. Mary's Law Review on Race and Social Justice

When the author wrote Writing At the Master’s Table: Reflections on Theft, Criminality, and Otherness in the Legal Writing Profession almost 10 years ago, her aim was to bring a Critical Race Theory/Feminism (CRTF) analysis to scholarship about the marginalization of White women law professors of legal writing. She focused on the convergence of race, gender, and status to highlight the distinct inequities women of color face in entering their ranks. The author's concern was that barriers to entry for women of color made it less likely that the existing legal writing professorate, predominantly White and female, would problematize the …

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

St. Mary's Law Journal

Abstract forthcoming

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming

Indiana University's Storied Past, Austen L. Parrish

Articles by Maurer Faculty

Indiana University celebrates its bicentennial this year, and the excitement is building on the Bloomington campus. Although the Maurer School of Law is a few years younger – we were founded in 1842 – we are joining the festivities with a yearlong list of events that honor our past and look toward the future. . .

The Virtue Of Vulnerability: Mindfulness And Well-Being In Law Schools And The Legal Profession, Nathalie Martin

Faculty Scholarship

This article examines the role of vulnerability in transforming individual relationships, particularly the attorney-client relationship. In this essay, Martin argues that broadening our expressions can improve our client relations and decrease the likelihood that when that inevitable mistake occurs, we will be sued for it. Also, based upon virtue ethics, that practicing vulnerability is also virtuous and thus worthwhile in and of itself.

This essay starts by describing the traits people look for in lawyers as well as evidence that clients often feel that their lawyers are less than human. Then examines how legal education contributes to this problem by …

New Textualism And The Thirteenth Amendment, Leah Litman

Articles

Michele Goodwin’s piece raises important questions about whether troubling modern-day labor practices in jails and prisons are consistent with the Thirteenth Amendment. In Goodwin’s telling, the ratification of the Thirteenth Amendment formally ended the institution of slavery, but the Amendment allowed practices resembling slavery to continue, perhaps reflecting the extant stereotypes and racism that formally amending the Constitution cannot root out. Indeed, Goodwin excavates historical materials that suggest the people who drafted and ratified the Amendment understood and expected that it would allow the perpetuation of slavery in another form. As Goodwin explains, most historians have argued that the Thirteenth …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez

Presentations

Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.

Statutory Interpretation In Econotopia, Nathan B. Oman

Nathan B. Oman

Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …

Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman

Nathan B. Oman

In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …

A Theory Of Civil Liability, Nathan B. Oman

Nathan B. Oman

No abstract provided.

The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike

Thomas J. McSweeney

No abstract provided.

The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Thomas J. McSweeney

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.

The Reasonable Person In Trademark Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

Byzantine Emperor Justinian I ordered the creation of the Corpus Juris Civilis, a compilation of the laws in force at the time, which would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States' law used principles listed the Corpus as a guide, and to this day legal scholars and historians still refer to it. Despite its importance, the Corpus can seem impenetrable to researchers, citations to the Corpus enigmatic. This program will give a history of the Corpus, describe its components, and give participants tools for researching …

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis, created by order of Byzantine Emperor Justinian I to compile the laws in force at the time, would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States’ law used principles listed in the Corpus as a guide, and to this day legal scholars and historians still refer to it. As a system of law based on principles, not case law, the Corpus provided the framework upon which France built the Code Napoleon. The Corpus' influence can be seen in the legal systems …