Legal History Commons^™

Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

No abstract provided.

The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta

UIC Law Review

No abstract provided.

The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long

Fordham Urban Law Journal

Judges at all levels in the United States judicial system have cited Bob Dylan far more often than any other popular music artist. The logical question then becomes, “why?” Why is Dylan (rather than John Lennon, Woody Guthrie, or some other prominent and sociallyconscious songwriter) the preferred songwriter for judges, and why do judges feel the need to cite Dylan’s lyrics to begin with? What are they hoping to convey to the reader about the legal issue at hand, the legal system in general, or about themselves that causes them to rely on the works of Dylan? What type of …

Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon

Fordham Urban Law Journal

This Essay seeks to compare and contrast two contemporary performing artists: Bob Dylan and Lenny Bruce. Bruce and Dylan both became artists in the middle of twentieth-century America—in the same stew of ideas, myths, and shared assumptions. Both experienced the same winds of change, albeit at different stages of life, in the 1950s and 1960s, the post-World War II Cold War period, the burgeoning civil rights movement, and the Vietnam War. Both responded to these winds of change, and in so doing, transcended and transformed their respective art forms.

Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill

UIC Law Review

No abstract provided.

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …

The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.

Michigan Journal of Gender & Law

On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …

Forty Years Of Originalism, Joel Alicea

Scholarly Articles

While Professor Noah Feldman has underlined the role Justice Hugo Black played in the development of modern originalism, it was not until Bork's article in 197 1 that the modern originalist movement took flight. [...]having just passed the 40th anniversary of that landmark essay, it is appropriate that we survey how modern originalism began, how it has changed, and what challenges lie ahead. According to Bork, judicial review by the Warren Court was founded on a flawed premise: that courts must "'make fundamental value choices' in order to 'protect our constitutional rights and liberties.'" But if the Constitution already makes …

Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …

Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

Prior research has sketched out a picture in which, at least since 1960 and continuing to the present, advocates of the differing personae, or roles, of the U.S. law professor have been sharply divided over such personae. Lawyers have advocated two major personae for the law professor to perform. One major persona is that of the scholar, who is a full-time teacher, researcher, and sometimes public servant, but who often has limited practical experience. The other major persona is that of the practitioner, who has a substantial number of years of practice at the bar and is prepared for hands-on …

The Past, Present, And Future Of Critical Tax Theory: A Conversation, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The publication of Taxing America in 1997 is a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professor Karen B. Brown and Professor Mary Louise Fellows created one of the first—if not the first—working group of critical tax theorists. The significance of Taxing America is underappreciated both by self-identified critical tax scholars and by others. A published history of the “Critical Tax Conference” notes its antecedents in conferences held in 1995 and 1997, but makes …

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men. Like …

Practical Reason, Human Nature, And The Epistemology Of Ethics: John Finnis's Contribution To The Rediscovery Of Aristotelian Ethical Methodology In Aquinas's Moral Philosophy: A Personal Account, Martin Rhonheimer

Villanova Law Review (1956 - )

No abstract provided.

Response To Fr. Rhonheimer, Anna Bonta Moreland

Villanova Law Review (1956 - )

No abstract provided.

Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler

Scholarly Publications

The movement to defund Planned Parenthood has opened a new front in the abortion wars. At the state and national level, anti-abortion organizations have campaigned successfully for new legal limitations on Medicaid or Title X reimbursement for Planned Parenthood. Significantly, legal restrictions reach not only abortion but also other services like contraception and cancer screenings. North Carolina, Wisconsin, and Indiana are among the states to have introduced such bans, and the U.S. House of Representatives approved one before the proposal died in the Senate in April 2011.

At first, the novelty of the movement seems to lie in its open …

Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland

Villanova Law Review (1956 - )

No abstract provided.

What Makes Practical Reason Law-Like?, Michael J. White

Villanova Law Review (1956 - )

No abstract provided.

In Support Of Moral Absolutes, Candace Vogler

Villanova Law Review (1956 - )

No abstract provided.

Alone In The Country: National Guard And Reserve Component Service And The Increased Risk For Homelessness Among Rural Veterans, 13 J.L. Soc'y 405 (2012), Brian Clauss

UIC Law Open Access Faculty Scholarship

No abstract provided.

Abusive Tax Practices: The 100-Year Onslaught On The Tax Code, 17 Barry L. Rev. 179 (2012), Arthur Acevedo

UIC Law Open Access Faculty Scholarship

This article explores the actions taken by tax protesters and aggressive tax planners, and the response by Congress. It also examines whether Congress has taken sufficient action to curb abusive taxpayer practices. The thesis of the article is that Congress's faint-hearted responses to abusive taxpayer conduct are untimely, inefficient, and ineffective. Congress's weak responses since the inception of the Code have contributed to a culture of income tax avoidance and a growing sense of taxpayer frustration with income tax laws. Part II examines the culture of tax avoidance in the U.S. and how this attitude has manifested itself in our …

Responsible Profitability - Not On My Balance Sheet, 61 Cath. U. L. Rev. 651 (2012), Arthur Acevedo

UIC Law Open Access Faculty Scholarship

Many free-market capitalists believe in the syllogism that if a free market results in progress, and if progress is good, then by definition a free market must be good. Two hundred years of economic development support this proposition. The capitalist model, which is premised on free-market ideology, is credited with producing many of the riches enjoyed by society as a whole. Indeed, the pursuit of economic freedom ranks among the primary motivations for the founding of the United States. The corporation has enabled that pursuit and can be credited with greatly contributing to the advancement of free-market capitalism.

Proponents of …

Fulton V. Lewis: The Case Of An Immigrant Slave's Petition For Freedom During The War Of 1812, Silvio Morales

Student Articles and Papers

In 1815 the Maryland Court of Appeals did something that by the early 1800’s had become uncommon. The court granted a slave his freedom in the case of Fulton v. Lewis, 3H. & J. 564 (1815) The slave was John Lewis, a native of the island of Saint Domingo, present-day Haiti, who was imported into Maryland after the Maryland General Assembly enacted a law prohibiting the importation of slaves into Maryland.

To understand why Lewis was granted his freedom this essay explores the case by placing it in its historical context, and by reviewing certain Maryland laws regarding slavery …

Stewart V. Mcintosh, 4 H. & J. 233 (1816), Rhett Donnelly

Student Articles and Papers

Stewart v. M’Intosh was argued during the time period of the Jay Treaty, the Quasi-War, the Haitian Revolution, and the War of 1812. The facts begin at the end of the 18^th century and extend into the early 19^th century. The arguments and ruling were based on trade restrictions between United States citizens and territories under French control. The plaintiffs focused their arguments on the specific language of the Congressional acts, which outlawed trade with French territories but did not directly mention the regions at issue, while the defendants looked at the implications of the acts and the …

A Monetary Misunderstanding: Smith V. Gilmore And Baltimore's Place In Turn Of The 19th Century Globalization, John P. Gates

Student Articles and Papers

As the young United States entered the 19^th century, the City of Baltimore had become a major center of America’s international commerce. Baltimore had quickly risen from a relatively small town on the Chesapeake Bay to the home of the country's third busiest trading port and one of its fastest growing cities in less than two decades.

The case of Smith v. Gilmor (M.D. 1816), a lawsuit between two prominent Baltimore merchants, was emblematic of the early days of globalization and the confusion this clash of cultures caused in the world of international trade. The controversy in this case …

The Framers' Federalism And The Affordable Care Act, 44 Conn. L. Rev. 1071 (2012), Steven D. Schwinn

UIC Law Open Access Faculty Scholarship

Federalism challenges to the Affordable Care Act ("ACA") are inspired by the relatively recent resurgence in federalism concerns in the Supreme Court's jurisprudence. Thus, ACA opponents seek to leverage the Court-created distinction between encouragement and compulsion (in opposition to Medicaid expansion), and the Court-created federalism concern when Congress regulates in a way that could destroy the distinction between what is national and what is local (in opposition to universal coverage).

But outside the jurisprudence, the text and history of constitutional federalism tell another story. The text and history suggest that the Constitution created a powerful federal government, of the people …

The Birthright Citizenship Controversy: A Study Of Conservative Substance And Rhetoric, 18 Tex. Hisp. J. L. & Pol'y 49 (2012), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

This essay is a critique of the conservative rhetoric used in attack of birthright citizenship--as granted by Clause One of the Fourteenth Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The rhetoric of that attack violates the traditional canons of conservative argumentation and interpretation, such as original intent and textualism. As such, conservatives' arguments call into question the seriousness of their allegiance to these canons.

This article will not discuss the pros and cons of what we …

New Law, Old Cases, Fair Outcomes: Why The Illinois Supreme Court Must Overrule People V Flowers, 43 Loy. U. Chi. L.J. 727 (2012), Timothy P. O'Neill

UIC Law Open Access Faculty Scholarship

No abstract provided.

Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott

Book Chapters

When is it appropriate to apply the term ‘slavery’—a concept that appears to rest on a property right—to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in Europe and …

The George T. Bisel Company And Its Publications (1875-2011), Joel Fishman

Law Faculty Publications

Research in the area of law book publishing is an open field of study. Michael Hoeflich's Antebellum Law Book Publishing (2010) is a model work on the rise of the law book industry in the first half of the nineteenth century. Philadelphia served as a major city for law book publishing throughout the eighteenth and nineteenth centuries as reflected in Morris Cohen's Bibliography of Early American Law (BEAL).