Law Commons^™

Calif. Supreme Court Right To Strike Down Law Requiring Trump To Release Tax Returns To Get On The Ballot, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Let History Repeat Itself: Solving Originalism's History Problem In Interpreting The Establishment Clause, Neil Joseph

Duke Journal of Constitutional Law & Public Policy Sidebar

The Supreme Court's Establishment Clause jurisprudence is all over the place. The current justices have widely divergent views on the Establishment Clause's meaning, and the Lemon test has been widely panned by several justices. Originalist judges, however, have had a fairly consistent approach to interpreting the Establishment Clause. This largely stems from their reliance on history. This Note argues that their use of history in analyzing the Establishment Clause is flawed. Originalist Establishment Clause jurisprudence has been and is criticized for being unprincipled. And those criticisms are correct. Originalists encounter such criticism because the justices struggle to reconcile historical practice …

November 7, 2019: The Politics Of Carl Schmidt Versus The Politics Of Abraham Lincoln, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Politics of Carl Schmidt versus the politics of Abraham Lincoln“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Law As Strategy: Thinking Below The State In Afghanistan, Charles H. Norchi

International Law Studies

In Doha, Qatar the government of the United States has conducted successive rounds of negotiations with a non-State, the Islamic Emirate of Afghanistan (the Taliban) over the future of a State that was not present—the Government of Afghanistan. Regardless of the outcome, the United States will retain a national security interest in Afghanistan and the region. Contextually nuanced strategic choices will be critical and law could be a key strategy. This article identifies relevant Afghan history—a collective longue durée—appraises the severable sovereignty of the Afghan State, and underscores the imperative of working below the State. Drawing on a 1952 …

Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

2019 James R. Browning Distinguished Lecture In Law, "Holding The Delicate Balance Steady And True": The History Of Fisa's Grand Bargain, Richard C. Tallman, Tania M. Culbertson

Montana Law Review

The Honorable Richard C. Tallman and his career law clerk Tania M. Culbertson explain what led to the passage of the Foreign Intelligence Surveillance Act ("FISA") and its creation of the FISA courts, and describe the grand bargain that was struck between our three branches of government when creating FISA's judicial review procedures over domestic espionage and counter-terrorism investigations. Their hope is to leave you with a keener understanding of how we have arrived at where we are today, and how the judiciary understands its oversight role within FISA's statutory framework under our Constitution.

Turning Points In The History Of St. Mary’S University School Of Law (1980–1988), Vincent R. Johnson

St. Mary's Law Journal

St. Mary’s University School of Law in San Antonio, Texas has existed for nearly a century. Thus far, there have been seven important written histories of St. Mary’s University School of Law, but no one has yet attempted to write a comprehensive history of the law school, nor have any members of the faculty published autobiographies. Having taught law at St. Mary’s since 1982, Professor of Law Vincent R. Johnson shares his first-hand account about the life of the law school during most of the 1980s (specifically 1980 to 1988). That period encompasses the bulk of the deanship of James …

The Shaw Claim: The Rise And Fall Of Colorblind Jurisprudence, Molly P. Matter

Seattle Journal for Social Justice

No abstract provided.

Don’T Lock Trump Up, Just Because Mueller Said You Can, Bruce Ledewitz

Ledewitz Papers

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

Scotus Gerrymandering Case: Roberts Didn’T Defend Constitutional Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Complicated Lives: Free Blacks In Virginia, 1619-1865, Sherri L. Burr

Faculty Book Display Case

Would the United States have developed differently if Virginia had not passed a law in 1670 proclaiming all subsequently arriving Africans as servants for life, or slaves? What if the state had not stripped all Free Blacks and Indians of voting rights in 1723, or outlawed interracial sex for 337 years?

Complicated Lives upends the pervasive belief that all Africans landing on the shores of Virginia beginning in late August 1619, became slaves. In reality, many of these kidnap victims received the status of indentured servants. Indeed, hundreds of thousands of free African Americans in the South and North owned …

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …

A Comparative Study On Death Penalty Statutes And Their Effects On Certain Minority Groups In Light Of Furman V. Georgia, Analise Nuxoll

Journal of the National Association of Administrative Law Judiciary

Part One of this comment will address the recent history of the death penalty in the United States, focusing on Furman v. Georgia, which placed a four-year moratorium on the death penalty in 1972. Part Two examines which states still have death penalty statutes and the reasons for choosing the selected states for further analysis. Part Two also addresses the difference between facial and as-applied attacks on the state statutes and the reason for analyzing the statutes under as applied unconstitutionality. Part Three explains the thought behind choosing to examine the death penalty’s effect on racial minorities, low socio-economic classes, …

Immigration Policy: A Look At Its History And Its Future, Melisa Fumbarg

Journal of the National Association of Administrative Law Judiciary

This comment will examine immigration in the United States, specifically by addressing questions involving the constitutionality of Deferred Action for Childhood Arrivals (DACA) and removal procedures. Part II will look at the historical background of immigration policy in the United States, including past amnesties and the latest reform, DACA. Part III will analyze DACA and why it was rescinded. Part IV will discuss one the most detrimental consequences of DACA being rescinded—deportation, and the constitutional limits of removal procedures. Part V will deploy some future predictions on immigration and the next steps Congress should take to ensure that there is …

The Amazing Dorothy Crockett: How An African-American Woman From Providence Became, In 1932, The 7th Woman Ever Admitted To The Rhode Island Bar 05-14-2019, Michael M. Bowden

RWU Law

No abstract provided.

Reconciling Police Power Prerogatives, Public Trust Interests, And Private Property Rights Along Laurentian Great Lakes Shores, Richard K. Norton, Nancy H. Welsh

Michigan Journal of Environmental & Administrative Law

The United States has a north coast along its ‘inland seas’—the Laurentian Great Lakes. The country enjoys more than 4,500 miles of Great Lakes coastal shoreline, almost as much as its ocean coastal shorelines combined, excluding Alaska. The Great Lakes states are experiencing continued shorefront development and redevelopment, and there are growing calls to better manage shorelands for enhanced resiliency in the face of global climate change. The problem is that the most pleasant, fragile, and dangerous places are in high demand among coastal property owners, such that coastal development often yields the most tenacious of conflicts between public interests …

Law Library Blog (May 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

An Oral History Of St. Mary's University School Of Law (1961–2018), Charles E. Cantú

St. Mary's Law Journal

Dean Emeritus Charles E. Cantú has worked at St. Mary’s University since 1966 when Dean Ernest A. Raba first hired him. He served as the youngest law professor in the nation at the age of twenty-five, and the first full-time Hispanic law professor. After a considerable tenure working at all three locations of St. Mary’s University School of Law and serving under four of the school’s most recent former deans, this article offers his personal recollections and observations of the history of the law school from the 1960s to the present.

This article is the culmination of a ten-hour oral …

The Supreme Court Will Preserve The Bladensburg Cross, But It Matters How, Bruce Ledewitz

Ledewitz Papers

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

The Living Constitution And Moral Progress: A Comment On Professor Young's Boden Lecture, David A. Strauss

Marquette Law Review

None

50 Years Of Excellence: A History Of The St. Mary's Law Journal, Barbara Hanson Nellermoe

St. Mary's Law Journal

Founded in 1969, the St. Mary’s Law Journal has climbed the road to excellence. Originally built on the foundation of being a “practitioner’s journal,” the St. Mary’s Law Journal continues to produce quality scholarship that is nationally recognized and frequently used by members of the bench and bar. From its grassroots origins to the world-class law review it is today, the St. Mary’s Law Journal continues to maintain its prestigious position in the realm of law reviews by ranking in the top five percent most-cited law reviews in federal and state courts nationwide.

In celebration of the St. Mary’s Law …

“In Time Of Stress, A Civilization Pauses To Take Stock Of Itself”: Adolf A. Berle And The Modern Corporation From The New Era To 1933, Mark Hendrickson

Seattle University Law Review

This Article demonstrates three things. First, an examination of Berle’s work and thinking in this critical period reveals the ways in which public problems and the need to “know capitalism,” to borrow a phrase from Mary Furner, converged in the post-WWI era in remarkable and unprecedented ways that would shape New Deal and post-New Deal politics and policy. Berle’s gift for synthesizing evidence and constructing narratives that explained complex events were particularly well suited to this era that prized the expert. Second, identifying a problem and developing a persuasive narrative is one thing, but finding solutions is another. Berle joined …

Berle And Corporation Finance: Everything Old Is New Again, Frank Partnoy

Seattle University Law Review

In this essay, I want to illustrate how Adolf A. Berle Jr.’s Studies in the Law of Corporation Finance1 was prescient about the kinds of financial innovation that are central to today’s markets. For scholars who are not familiar with this publication, Corporation Finance is a compilation of edited versions of several of Berle’s articles, along with some new material, most of which is focused on 1920s corporate practice. My primary goal here is simply to shine a light on this work and to memorialize for scholars the key passages that echo many of today’s challenges. The punch line of …

Adolf Berle During The New Deal: The Brain Truster As An Intellectual Jobber, Robert B. Thompson

Seattle University Law Review

Adolf Berle’s ideas have attained a remarkable longevity in corporate law with an influence exceeding that of any other twentieth century law professor. Participants in the now ten Berle symposia often have framed the discussion of his career as an intellectual history, usually built around the powerful transformative effect of The Modern Corporation and Private Property (MCPP). Yet this approach is insufficient to explain large parts of Berle’s professional career, including what Berle did during the twelve years of the Roosevelt Administration that immediately followed MCPP. This Article offers an alternative focus that better accounts for the career of an …

The ‘Berle And Means Corporation’ In Historical Perspective, Eric Hilt

Seattle University Law Review

This Article presents new evidence on the evolution of the business corporation in America and on the emergence of what is commonly termed the “Berle and Means corporation.” Drawing on a wide range of sources, I investigate three major historical claims of The Modern Corporation: that large corporations had displaced small ones by the early twentieth century; that the quasi-public corporations of the 1930s were much larger than the public corporations of the nineteenth century; and that ownership was separated from control to a much greater extent in the 1930s compared to the nineteenth century. I address each of these …

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Publications – Mexican

Writing principally about the portion of North America border on the Pacific Ocean between the 40^th and 54^th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent. …

1844 - The History Of Oregon And California And Other Territories, Robert Greenhow

Miscellaneous Documents and Reports

Writing principally about the portion of North America border on the Pacific Ocean between the 40^th and 54^th parallels of latitude (Oregon), Greenhow found it necessary to also include the regions known as California that extended southward from the Columbia River to the Californian Gulf. Recognizing that the territories were becoming increasingly more important due to the advancement of the population of adjoining countries towards the territories; from the constant increase of the trade and navigation of several countries claiming powers in the Pacific. The difficulty of effecting an amicable partition of the territories was becoming more urgent. …

Reckless Juveniles, Kimberly Thomas

Articles

Modern doctrine and scholarship largely take it for granted that offenders should be criminally punished for reckless acts.1 Yet, developments in our understanding of human behavior can shed light on how we define and attribute criminal liability, or at least force us to grapple with the categories that have existed for so long. This Article examines recklessness and related doctrines in light of the shifts in understanding of adolescent behavior and its biological roots, to see what insights we might attain, or what challenges these understandings pose to this foundational mens rea doctrine. Over the past decade, the U.S. Supreme …

Law Library Blog (February 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

1890 - Spanish Colonization In The Southwest, Frank Wilson Blackmar

Miscellaneous Publications – Spanish

This publication addressed Spanish policy relating to colonization, comparison of Spanish colonies with those of the Romans, attempts to settle California and New Mexico, the mission system, civic colonies (pueblo), presidios, presidial pueblo, and land grants to settlers.