Legal History Commons^™

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 …

Still Too Close To Call? Rethinking Stampp's "The Concept Of A Perpetual Union", Daniel W. Hamilton

Scholarly Works

No abstract provided.

The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo

Scholarly Works

The Aristotelian philosopher, Gene Garver, suggests that rhetorical claims have an "ethical surplus" that extends beyond the specific claim being advanced at the moment. This follows from the fact that rhetoric includes not only logos, but also pathos and ethos. We adopt the thesis of "ethical surplus," but in a negative context. The "war on illegal immigration" has generated an ethical surplus that leads its promoters beyond the specific claim of securing borders against unlawful entry. After demonstrating that there is an express rhetoric of "war" used in connection with Arizona's adoption of recent anti-immigrant legislation, we explore …

Silent Spring At 50, Roger Meiners, Pierre Desrochers, Andrew P. Morriss

Faculty Scholarship

This introduction from the book Silent Spring at 50 describes the various contributors’ insights into Rachel Carson’s landmark work. The authors come from a variety of disciplines, including conservation biology, English, law, and economics, and offer critical assessments of Silent Spring and its legacy. The first part has three chapters that put the book into the context of its time, examining it in light of Carson’s previous books on the sea (Wallace Kaufman); the larger tradition of authors warning against human hubris in environmental matters (Pierre Desrochers & Hiroko Shimizu); and the contest between “environmental religion” and “economic religion” that …

The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre

Faculty Scholarship

The efficiency of the common law hypothesis has generated a large bulk of literature in the last decades. The main argument is that there is an implicit economic logic to the common law; the doctrines in common law provide a coherent and consistent system of incentives which induce efficient behavior.

We start by observing that if the common law is overall evolutionarily efficient, we are left with no explanation for the important doctrinal differences across common law jurisdictions. The observation is more striking if we keep in mind that presumably the de jure initial condition was the same, namely English …

Executive Power And The Law Of Nations In The Washington Administration, Robert J. Reinstein

University of Richmond Law Review

In this issue's lead article, Professor Reinstein continueshis examination of the development of executive power over foreign affairs during the early history of the Republic. Re- cently, both legal scholars and the courts are looking to the

actions of the first administrationas a potentialprecedent onhow to construe the scope and source of the President's au- thority to determine and conduct the United States' foreign

policy. Last year, in an articlepublished in thisjournal,Pro-fessor Reinstein concluded that no originalistjustificationex-ists for a plenary executive recognitionpower. In this article,

Professor Reinstein expands this discussion through an original historical and jurisprudential account of the Neutrality …

Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie

Villanova Law Review (1956 - )

No abstract provided.

Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick Mckinley Brennan

Villanova Law Review (1956 - )

No abstract provided.

On Finnis's Way In, Michelle Madden Dempsey

Villanova Law Review (1956 - )

No abstract provided.

The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister

Villanova Law Review (1956 - )

No abstract provided.

Finnis On Lonergan: A Reflection, Frederick G. Lawrence

Villanova Law Review (1956 - )

No abstract provided.

Comment, Richard A. Munkelt

Villanova Law Review (1956 - )

No abstract provided.

Response, John Finnis

Villanova Law Review (1956 - )

No abstract provided.

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).

Copy Game For High Score: The First Video Game Lawsuit, 20 J. Intell. Prop. L. 1 (2012), William K. Ford

UIC Law Open Access Faculty Scholarship

Commentators and industry historians generally agree that the multi-billion dollar video game industry began forty years ago in November 1972 with Atari's release of Pong. Pong is among the simplest of video games: a version of ping pong or tennis requiring little more to play than a ball, two paddles, a scoring indicator, and a couple of memorable sounds. While it was not the first video game, Pong was the first video game hit. With unauthorized copying of a successful product occurring, it is not surprising that a lawsuit resulted in the fall of 1973, one that predates the more …

The Quest For A Sustainable Future And The Dawn Of A New Journal At Michigan Law, David M. Uhlmann

Articles

When I joined the faculty of the University of Michigan Law School in 2007, the first assignment I gave students in my Environmental Law and Policy class was John McPhee's Encounters with the Archdruid. It must have seemed like a curious choice to them, particularly coming from a professor who just three months earlier had been the Chief of the Environmental Crimes Section at the U.S. Department of Justice. The book was not a dramatic tale of courtroom battles. In fact, the book was not even about the law, and the clash of environmental values it depicted pre-dated the environmental …

Dylan And The Last Love Song Of The American Left, John M. Facciola

Fordham Urban Law Journal

The reminiscences of an old man who had the joy of being a New York kid when an old American music form was transformed by the extraordinary efforts of a group of musicians who saw a new creative force that they thought could cause revolutionary social change. This article examines the impact of the friendship between Bob Dylan and Woody Guthrie on folk music and describes the political consciousness of the music.

Symposium: Bob Dylan And The Law Foreword, Samuel J. Levine

Fordham Urban Law Journal

Taken together, the articles in this Symposium Issue provide a journey through both Bob Dylan’s career and the American legal landscape. Befitting a legal prophet, Dylan is often critical, skeptical, and cynical, at times uncompromising in his portrayal of the failures of American law and society. The presentations at the Dylan and the Law Symposium reflected, in part, the disappointment and frustration expressed in Dylan’s words and music. Yet, the speakers at the Symposium echoed another side of Bob Dylan’s work: a refusal to surrender or despair in the face of disheartening reality. Instead, drawing upon Dylan’s prophetic dreams and …

A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Interpretive Contestation And Legal Correctness, Matthew D. Adler

Faculty Scholarship

No abstract provided.