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Legal History Commons™

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2018

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Institution
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Articles 211 - 220 of 220

Full-Text Articles in Legal History

Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr. Jan 2018

Martin, Ghana, And Global Legal Studies, H. Timothy Lovelace Jr.

Faculty Scholarship

This brief essay uses global legal studies to reconsider Dr. Martin Luther King, Jr.'s activism after Gayle v. Browder. During this undertheorized portion of King's career, the civil rights leader traveled the world and gained a greater appreciation for comparative legal and political analysis. This essay explores King's first trip abroad and demonstrates how King's close study of Kwame Nkrumah's approaches to law reform helped to lay the foundation for watershed moments in King's own life.

In To Redeem the Soul of America: The Southern Christian Leadership Conference and Martin Luther King, Jr., renowned civil rights scholar and author, Adam …


The Necessity Of The Good Person Prosecutor, Jessica A. Roth Jan 2018

The Necessity Of The Good Person Prosecutor, Jessica A. Roth

Articles

In a 2001 essay, Professor Abbe Smith asked the question whether a good person—i.e., a person who is committed to social justice—can be a good prosecutor. Although she acknowledged some hope that the answer to her question could be “yes,” Professor Smith concluded that the answer then was “no”—in part because she saw individual prosecutors generally as having very little discretion to “temper the harsh reality of the criminal justice system.” In this Online Symposium revisiting Professor Smith’s question seventeen years later, my answer to her question is “yes”—a good person can be a good prosecutor.


Heretical Archives: Heterotopic Institutions And Fictive Records, Peter Goodrich Jan 2018

Heretical Archives: Heterotopic Institutions And Fictive Records, Peter Goodrich

Articles

No abstract provided.


The Pre-History Of Subsidiarity In Leo Xiii, Michael P. Moreland Jan 2018

The Pre-History Of Subsidiarity In Leo Xiii, Michael P. Moreland

Faculty Publications

No abstract provided.


Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett Jan 2018

Indian Country And The Territory Clause: Washington's Promise At The Framing, John Hayden Dossett

American University Law Review

No abstract provided.


Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler Jan 2018

Beyond Balancing: Rethinking The Law Of Embryo Disposition, Mary Ziegler

American University Law Review

No abstract provided.


Corporate Law Federalism In Historical Context: Comparing Canada And The United States, Camden Hutchison Jan 2018

Corporate Law Federalism In Historical Context: Comparing Canada And The United States, Camden Hutchison

All Faculty Publications

Although American and Canadian corporate law share many similarities, they are also marked by important institutional differences. Among the most notable are the differing roles of federal versus state/provincial policymaking in the two countries: While American corporate law has been deeply influenced by jurisdictional competition among the states, Canadian law has instead been shaped by federal legislative activity, as seen today in the standardizing influence of the Canada Business Corporations Act. These different institutional histories have led to distinct evolutionary paths, with important substantive consequences for contemporary corporate law. Despite considerable academic attention to the subject of corporate law federalism, …


Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann Jan 2018

Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann

Faculty Scholarship

Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …


Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine Jan 2018

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.


Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post Jan 2018

Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post

Touro Law Review

No abstract provided.