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Articles 61 - 90 of 157
Full-Text Articles in Law and Politics
Slavery: From Public Crime To Private Wrong, Alison Brysk
Slavery: From Public Crime To Private Wrong, Alison Brysk
Human Rights & Human Welfare
The fight against slavery was the first international human rights movement, and the elimination of legalized bondage represented a hallmark of Western civilization. But the persistence and revival of this ancient evil shows that in an era of globalization, a prohibited public crime has morphed into a massive private wrong.
Combating The Slave Trade: Why Governments Are Not Good At Governing, Eric A. Heinze
Combating The Slave Trade: Why Governments Are Not Good At Governing, Eric A. Heinze
Human Rights & Human Welfare
It is difficult to read Benjamin Skinner’s revealing piece on the international slave trade and not feel revolted that we still live in a world where so many people live in bondage. What is particularly disturbing is that much of the modern-day slave trade takes place with the full knowledge, and even acquiescence of, state governments.
Slavery And "Abuse Regeneration", Christine Bell
Slavery And "Abuse Regeneration", Christine Bell
Human Rights & Human Welfare
Skinner’s depiction of modern day slavery is graphic and challenging. Anyone viewing prohibitions on slavery, or abolition, as historical anachronism, or requiring reinterpretation for modern-day practices, must think again. Skinner persuades us that slavery in its most old fashioned sense is alive and well and, worse than that–on the rise.
Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries Pursuant To The Fort Berthold Mineral Restoration Act, United States Army Corps Of Engineers, Omaha District, Nebraska
Effects Report: Potential Transfer Of Garrison Project Lands Within The Fort Berthold Reservation Boundaries Pursuant To The Fort Berthold Mineral Restoration Act, United States Army Corps Of Engineers, Omaha District, Nebraska
US Government Documents Related to Indigenous Nations
This report, dated April 2008, from the United States (US) Army Corps of Engineers (Omaha District, Nebraska) explains the potential transfer of unused lands from the Garrison Dam Project to the Three Affiliated Tribes of Fort Berthold Reservation. The land transfer proposed to return a portion of land out of the 153,000 acres taken by the US Government for the construction of the Garrison Dam. The authority of this transfer is granted by the Fort Berthold Mineral Restoration Act of 1984 (Public Law 98-602). This report is broken into six sections: Introduction, Authority, Criteria, Proposed Determination, Determination, and Conclusion. An …
Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski
Unconscious Bias And The 2008 Presidential Election, Gregory S. Parks, Jeffrey J. Rachlinski
Cornell Law Faculty Publications
The 2008 presidential campaign and election will be historic. It marks the first time a Black person (Barack Obama) and a woman (Hillary Clinton) have a real chance at winning the Presidency. Their viability as candidates symbolizes significant progress in overcoming racial and gender stereotypes in America. But closer analysis of the campaigns reveals that race and gender have placed enormous constraints on how these two Senators can run their candidacy. This is not surprising in light of the history of race and gender in voting and politics in America. But what is perhaps more surprising is how the campaigns …
Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.
Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.
University of Richmond Law Review
Security is an overriding issue confronting the United States, and if we want enhanced security, illegal immigration must be stopped. In fact, illegal immigration is an addiction that the United States must break, or it will break the United States.
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
University of Richmond Law Review
This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers.Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immi-grant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations govern-ing U nonimmigrant visas for certain crime victims. Several of the enumerated eligible crimes in the U …
Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho
Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho
University of Richmond Law Review
No abstract provided.
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
University of Richmond Law Review
No abstract provided.
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
All Faculty Scholarship
This article discusses the early history of Maryland in the context of religious discrimination, specifically in reference to discrimination against those of the Jewish faith, even though the state "was founded as a haven of religious liberty and beacon of toleration." It also highlights a member of the Maryland House of Delegates, Thomas Kennedy, a Christian, as being the leader of the movement to ultimately correct this injustice. Part of the problem were clauses in the state's constitution requiring officeholders to be Christians. Kennedy lost his seat in the House, but didn't give up the battle. Ha had tried several …
Condemnation Without Justification, Douglas A. Kahn
Condemnation Without Justification, Douglas A. Kahn
Articles
On August 6-8, 2007, Prof. Neil Buchanan posted in Michael Dorf’s blog (http://michaeldorf.org/; for the blog entry regarding the death tax, see http:// michaeldorf.org/2007/08/dishonest-tax-rhetoric-part-3- of-3.html) a three-part series on what he deemed to be examples of political use of terminology to describe tax issues in a manner that is likely to mislead the public. Prof. Buchanan described this practice as ‘‘dishonest tax rhetoric.’’ He awarded first, second, and third prizes for the most egregious examples of dishonest rhetoric. I, however, found no objection to the usages he considered to be the two worst examples. Let us consider his first and …
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
If Major Wars Affect (Judicial) Fiscal Policy, How & Why?, Nancy Staudt
Faculty Working Papers
This paper seeks to identify and explain the effects of major wars on U.S. Supreme Court decision-making in the context of taxation. At first cut, one might ask why we should even expect to observe a correlation between military activities and judicial fiscal policy. After all, the justices have no authority whatsoever to adopt funding laws intended to relieve the budgetary pressures that tend to emerge in times international crisis. The Court, however, is able to contribute to the wartime revenueraising efforts indirectly by adopting a pro-government stance in the cases it decides in wartime periods. As the probability of …
Forum Shopping And The Infrastructure Of Federalism., James E. Pfander
Forum Shopping And The Infrastructure Of Federalism., James E. Pfander
Faculty Working Papers
The recent effort of environmentalists and others to secure progressive social change at the state level enacts a familiar ritual in the history of American federalism. Political actors who have found their initiatives blunted at the national level have often turned to the states. With the ebb and flow of political power between two parties over time, arguments about the relative authority of federal and state governments display far more expediency than principle, far more mutability than predictability. States may be more or less progressive than the national government, depending in good measure on the temper of the times and …
Taking Care Of John Marshall's Political Ghost, Michael P. Van Alstine
Taking Care Of John Marshall's Political Ghost, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
Law Faculty Scholarship
[Introduction]: Intellectual property law courses offer law professors the opportunity to teach a subject area rich with complicated statutory and court-made doctrines about which students do not usually have strong or extensively delineated moral views. I It also gives everyone in the classroom a refreshing break from the traditional partisanship of political party politics. Identification as a Democrat or Republican does not provide too much guidance or create too many expectations about a person's views of intellectual property issues, freeing classroom debates from the constrictions that political loyalties impose in so many other contexts.
The First (Black) Lady, Verna L. Williams
The First (Black) Lady, Verna L. Williams
Faculty Articles and Other Publications
Part I examines the role of First Lady, which has been undertheorized in legal scholarship, and how it promotes privileged white femininity, and in so doing, upholds patriarchy. Part II builds upon that discussion, explaining that the gender and racial norms that contribute to the traditional First Lady trope exemplify the intertwined nature of racism and sexism, which have been used to justify Black subordination. This section also examines how African Americans have embraced gender conformance as a way of attaining acceptance and status within the existing social order, specifically through the "Black lady" construct, which the campaign invoked to …
Judicial Ideology And The Survival Of The Role Of Law: A Field Guide To The Current Political War Over The Judiciary, Stephen B. Presser
Judicial Ideology And The Survival Of The Role Of Law: A Field Guide To The Current Political War Over The Judiciary, Stephen B. Presser
Loyola University Chicago Law Journal
No abstract provided.
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
No abstract provided.
Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle
Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Heller And Insurrectionism, Carl Bogus
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies
Law Faculty Scholarship
Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …
Gun Control And America's Cities: Public Policy And Politics, Carl Bogus
Gun Control And America's Cities: Public Policy And Politics, Carl Bogus
Law Faculty Scholarship
No abstract provided.
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
The Illinois Criminal Code Of 2009: Providing Clarity In The Law, 41 J. Marshall L. Rev. 815 (2008), Governor James R. Thompson, Justice Gino Divito, Peter G. Baroni, Kathy Saltmarsh, Daniel Mayerfeld
UIC Law Review
No abstract provided.
Case Note: Golden Gate Restaurant Association V. City And County Of San Francisco: Setting The Stage For Supreme Court Review Of The Most Important Preemption Matter In The History Of Erisa, 41 J. Marshall L. Rev. 995 (2008), Joshua Waldbeser
UIC Law Review
No abstract provided.
Make The Dream A Reality: Why Passing The Dream Act Is The Logical First Step In Achieving Comprehensive Immigration Reform, 41 J. Marshall L. Rev. 1251 (2008), Aimee Deverall
UIC Law Review
No abstract provided.
What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore
What To Do With Omar Khadr? Putting A Child Soldier On Trial: Questions Of International Law, Juvenile Justice, And Moral Culpability, 41 J. Marshall L. Rev. 1281 (2008), Christopher L. Dore
UIC Law Review
No abstract provided.
Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper
Magic Words And Millionaires: The Supreme Court's Assault On Campaign Funding, 42 J. Marshall L. Rev. 1 (2008), Michael J. Kasper
UIC Law Review
No abstract provided.
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso
West Virginia Law Review
No abstract provided.
The Good, The Bad, And The Ugly: Three Proposals To Introduce The Nationwide Popular Vote In U.S. Presidential Elections, Alexander S. Belenky
The Good, The Bad, And The Ugly: Three Proposals To Introduce The Nationwide Popular Vote In U.S. Presidential Elections, Alexander S. Belenky
Michigan Law Review First Impressions
The idea of reforming the Electoral College recurs each time a presidential election nears. Polls show that an overwhelming majority of respondents support abolishing the Electoral College in favor of direct popular election of the President. Yet, it is doubtful whether these polls really imply that such a move would be best for the country. Despite the seeming simplicity of direct popular presidential election, its introduction in the United States—a country in which the clear separation of powers between the states and the federal government has existed for more than two centuries—would have hidden drawbacks that the media and pollsters …
Reforming The Electorial College One State At A Time, Thomas W. Hiltachk
Reforming The Electorial College One State At A Time, Thomas W. Hiltachk
Michigan Law Review First Impressions
The genius of our United States Constitution is the delicate balance our Founding Fathers struck between empowering a national government and preserving the inherent sovereignty of individual states. Any proposed governmental reform that would interfere with that balance should be looked upon skeptically. Recent proposals to do away with the Electoral College in favor of a national popular vote for President deserve such careful examination. But that does not mean that reform is out of reach. We have only to look to the Constitution itself to find that the answer lies in the self-interest of each state. I am an …