Law Commons^™

An Opinion For The Ages, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

December 21, 2013: Donald Rumsfeld And The Banality Of Evil, Bruce Ledewitz

Hallowed Secularism

Blog post, “Donald Rumsfeld and the Banality of Evil“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power

Garrett Power

For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812. While the focus of the seminar has changed from year …

Stretching Religious Liberty, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Commons, Capitalism, And The Constitution, George Skouras

George Skouras

Thesis Summary: the erosion of the Commons in the United States has contributed to the deterioration of community and uprooting of people in order to meet the dynamic demands of capitalism. This article suggests countervailing measures to help remedy the situation.

A New Introduction To American Constitutionalism, Mark Graber

Mark Graber

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How do constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form …

Japan As A Postmodern Legal Reality, Rosemary L. Harding, Antonios E. Platsas

University of Miami International and Comparative Law Review

No abstract provided.

Adjudication Of Things Past: Reflections On History As Evidence, Daniel A. Farber

Daniel A Farber

No abstract provided.

Foreword, Jennifer Roberts

UNLV Gaming Law Journal

No abstract provided.

The Oral History Of Burton Cohen -- Board Of Directors, Member: Mgm Resorts International, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

The Oral History Of Peter C. Bernhard -- Chairman Of The Nevada Gaming Commission, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power

Faculty Scholarship

For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812.

While the focus of the seminar has changed from year …

The Oral History Of William S. Boyd -- Executive Chairman Of Boyd Gaming Corporation, Unlv Gaming Law Journal, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

UNLV Gaming Law Journal

No abstract provided.

For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks

University of Michigan Journal of Law Reform

In a large number of states, women are encouraged to take their husbands’ surnames at marriage by being offered an expedited name-change process that is shorter, less expensive, and less invasive than the statutory process that men must complete. If a couple instead decides to take an altogether-new name at marriage, the vast majority of states require that each spouse complete the longer statutory process. This name-change system emerged from a long history of naming as a way for men to dominate women. This Note emphasizes the need for name-change reform, arguing that the current system perpetuates antiquated patriarchal values …

Editor's Note, Eric D. Walther

UNLV Gaming Law Journal

No abstract provided.

When A Woman Campaigns, Emily Sloan

Montana Law Review

This essay is a portion of a manuscript written by Montana's first female county attorney about her campaigns in the 1920s.

Foreword To When A Woman Campaigns: Emily Sloan's Races To Become Montana's First Female County Attorney, Bari R. Burke

Montana Law Review

Emily Sloan is a remarkable figure in Montana history—a brave and resolute woman who practiced law for nearly twenty years and ran for public office seven times early in the twentieth century. She practiced law because that was the best of the escape routes open to her, and she obediently ran for office to boost her chances of succeeding at law. Although neither practicing law nor running for public office were her first choices, she committed herself wholeheartedly to those enterprises. She remained true to her calling as well: she never gave up her writing. At her death, she left …

Encyclopedia Of American History, Jeffrey Morris, Richard Morris

Jeffrey B. Morris

No abstract provided.

Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.

Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann

Jeffrey B. Morris

No abstract provided.

June 13, 2013: The Return Of The Cicadas, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Return of the Cicadas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Slides: A History Of Climate Variability And Change In The American West, Kelly T. Redmond

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

Presenter: Kelly T. Redmond, Regional Climatologist, Western Regional Climate Center (WRCC), Desert Research Institute

65 slides

Walking The Class Action Maze: Toward A More Functional Rule 23, Robert G. Bone

University of Michigan Journal of Law Reform

Over roughly the past fifteen years, the Supreme Court and lower federal courts have limited access to class actions. Many of the more restrictive decisions-such as Amchem Products, Inc. v. Windsor, Ortiz v. Fibreboard Corp., and Wal- Mart Stores, Inc. v. Dukes-are based on interpretations of Rule 23 and thus fall within the power of the Advisory Committee and rulemaking process to modify. This Article proposes revisions to Rule 23 designed to deal with some of these decisions and to make the class action a more pragmatic and functional device. It focuses on two areas: (1) the constraints imposed by …

Power To The People: Why We Need Full Federal Preemption Of Electrical Transmission Regulation, Max Hensley

University of Michigan Journal of Law Reform

State and federal governments have made significant investments in the development and installation of renewable energy technology. However, further increases in renewable power use have been stymied by the continued mismatch between the national interest in connecting consumers with utility-scale wind and solar installations and state and local control over the siting of electrical transmission lines. Because renewable power potential is often located far from consumers, transmission lines must cross multiple jurisdictions whose local interests have tended to prevent or significantly delay development. This Note analyzes that disconnect, reviews academic and legislative proposals to overcome it, and proposes a way …

The Economics And Politics Of Washington's Taxes: From Statehood To 2013, Don Burrows

Washington State Books

The book is divided into three parts. Part I contains five chapters. Chapters 1 and 4 provide a description, comparison and evaluation of Washington’s current tax structure. Chapter 2 provides a description, history and evaluation to the state’s three most important taxes: property, sales and B&O. Chapter 3 describes the roles played by the “tax policy makers” (i.e., citizens, governors, legislators, other public officials, businesses, labor groups, and numerous other interest group) in bringing about those changes. Chapter 5 includes a discussion and an analysis of contentious tax issues of concern to citizens, public officials and interest groups alike. Most …

May 26, 2013: How Hippies Became Evangelical Conservatives, Bruce Ledewitz

Hallowed Secularism

Blog post, “How Hippies Became Evangelical Conservatives“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 12, 2013: Is Obama Nixon?, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Is Obama Nixon?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Human Face Of Permanent Climate-Induced Displacement, Alaina Umbach

Honors Projects in History and Social Sciences

Climate change is predicted to lead to mass displacement, since the land where millions of people currently live will be, at some point, covered with water. For some populations, this will mean to be permanently displaced to a different country because the territory that their sovereign nations occupy will disappear. The most well‐known cases involve the citizens of Vanuatu, Kiribati, Tuvalu, and the Maldives. As the negative impact of climate change becomes clearer and closer in time, policy solutions to this problem are discussed. In this paper, I look at previous cases of populations’ displacement to identify policy lessons that …

Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau

Honors Projects in History and Social Sciences

This paper will seek to explore whether or not Nazi war criminals tasked with manning and staffing the various concentration and death camps were in any way entitled to due process of law upon their capture and trial. This concept is debated among international Holocaust scholars and often discussed with purely apodictic arguments based upon a lack of understanding of military law. This paper will discuss in detail the rights, liberties, and treatment of Nazi war criminals after World War II in relation to the trials of concentration camp guards. It will also necessarily explore and explicate the misunderstood military …