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Full-Text Articles in Law

Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates Jun 2008

Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Sarah Bates, Western Progress

10 pages.

Includes bibliographical references

"Review Draft, May 15, 2008"


Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov May 2008

Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov

Julie Novkov

This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …


Book Review: Long Before Stonewall: Histories Of Same-Sex Sexuality In Early America, John R. Pagan Jan 2008

Book Review: Long Before Stonewall: Histories Of Same-Sex Sexuality In Early America, John R. Pagan

Law Faculty Publications

Book review of Long Before Stonewall: Histories of Same-Sex Sexuality in Early America by Thomas A. Foster


Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson Jan 2008

Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson

NYLS Law Review

No abstract provided.


The Meaning Of Race In The Dna Era: Science, History And The Law, Christian Sundquist Jan 2008

The Meaning Of Race In The Dna Era: Science, History And The Law, Christian Sundquist

Articles

The meaning of “race” has changed dramatically over time. Early theories of race assigned social, intellectual, moral and physical values to perceived physical differences among groups of people. The perception that race should be defined in terms of genetic and biologic difference fueled the “race science” of the Eighteenth and Nineteenth centuries, during which time geneticists, physiognomists, eugenicists, anthropologists and others purported to find scientific justification for denying equal treatment to non-white persons. Nazi Germany applied these understandings of race in a manner which shocked the world, and following World War II the concept of race increasingly came to be …


Tax As Urban Legend, Anthony C. Infanti Jan 2008

Tax As Urban Legend, Anthony C. Infanti

Articles

In this essay, I review UC-Berkeley history professor Robin Einhorn's book, American Taxation, American Slavery. In this provocatively-titled book, Einhorn traces the relationship between democracy, taxation, and slavery from colonial times through the antebellum period. By re-telling some of the most familiar set piece stories of American history through the lens of slavery, Einhorn reveals how the stories that we tell ourselves over and over again about taxation and politics in America are little more than the stuff of urban legend.

In the review, I provide a brief summary of Einhorn's discussion of the relationship between slavery and colonial taxation, …


Restatement - Technique And Tradition In The United States, Thomas Kohler Dec 2007

Restatement - Technique And Tradition In The United States, Thomas Kohler

Thomas C. Kohler

This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …