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Full-Text Articles in Law
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Daniel F. Piar
No abstract provided.
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Daniel F. Piar
No abstract provided.
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar
Daniel F. Piar
The thesis of the article is that the modern Supreme Court has come to use law just as the American Puritans did: as a tool for regulating and safeguarding the internal, spiritual needs of the populace. Through close readings of landmark civil rights cases, and of primary Puritan texts, I demonstrate that just as the Puritans were concerned with using civil authority to safeguard the soul’s progress to salvation, so does the modern Supreme Court use law to ensure what it sees as the proper conditions for spiritual development. I then remark on several implications of this parallel, including the …
Negro Blood In His Veins: The Development And Disappearance Of The Doctrine Of Defamation Per Se By Racial Misidentification In The American South, Samuel L. Brenner
Negro Blood In His Veins: The Development And Disappearance Of The Doctrine Of Defamation Per Se By Racial Misidentification In The American South, Samuel L. Brenner
Samuel L Brenner
Between the late eighteenth century and the middle of the twentieth century, a number of states in the American South and West (and at least one in the North) recognized some form of the doctrine of defamation per se by racial misidentification (DPSRM). By making a claim under this doctrine, white plaintiffs could recover from defendants who had falsely or mistakenly identified the plaintiffs as “colored,” “negro,” or the like, even absent proof of damages. By the early twentieth century, the doctrine appeared both powerful and monolithic in the Southern states, with courts routinely applying what appeared to be the …
Article 53(B) Epc: A Challenge To The Novartis Theory Of European Patent History, Justine Pila
Article 53(B) Epc: A Challenge To The Novartis Theory Of European Patent History, Justine Pila
Justine Pila
In this article the authoritative ('Novartis/transgenic plant systems') interpretation of the Article 53(b) EPC exclusion from European patentability of plant and animal varieties, and essentially biological processes for the creation of plants and animals, is considered, and its significance for the trend of EPO jurisprudence and legitimacy of the EC Biotechnology Patenting Directive noted. The Enlarged Board of Appeal's justification for that interpretation in 'Novartis' with reference to the exclusion's legislative history is challenged, and an alternative theory of that history proposed, based on a thorough analysis of the unpublished 'travaux preparatoires' for the Strasbourg and European Patent Conventions. In …
Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila
Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila
Justine Pila
In Generics Ltd v Lundbeck A/S (2009) UKHL 12, the House of Lords affirmed the validity of a patent for a chemical product - an isolated stereoisomer - supported by a method of producing the product, but protecting the chemical product as such independent of the method by which it was made. In so doing, it appears to have resolved a longstanding tension between granting patents for chemical products and requiring that the scope of monopoly rights equiperate with the disclosure in the specification. It also appears to have rejected the Biogen Inc v Medeva plc (1997) RPC 1 (HL) …