Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War,
2022
The Graduate Center, City University of New York
Legislating Against Liberties: Congress And The Constitution In The Aftermath Of War, Harry Blain
Dissertations, Theses, and Capstone Projects
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation ...
The Meaning And Malleableness Of Liberty From 1897-1945,
2022
Purdue University
The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith
The Purdue Historian
This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U ...
"The Special Favorite Of The Laws"? Black Lives Matter Moments In American Constitutional And Legal History,
2022
University of St. Thomas, Minnesota
"The Special Favorite Of The Laws"? Black Lives Matter Moments In American Constitutional And Legal History, Dr. Yohuru Williams
University of St. Thomas Law Journal
No abstract provided.
The Corruption Of The Pardon Power,
2022
University of St. Thomas, Minnesota
The Corruption Of The Pardon Power, Albert W. Alschuler
University of St. Thomas Law Journal
No abstract provided.
The Skin, The Law, And Women In The United States From The 1600s To The 1960s,
2022
California State University, San Bernardino
The Skin, The Law, And Women In The United States From The 1600s To The 1960s, Hannah Knight
Electronic Theses, Projects, and Dissertations
For a country that has been built on the legacy of freedom and the idea of individual rights, the United States has a history of legalizing oppressive policies and denying rights and freedom based on the color of one’s skin. As scholars take on the issue of Colorism within the American society, this thesis works to examine the origins of white supremacy and its legalization through the institutions of American enslavement and the era of Jim Crow. First examining the portrayal of those of African descent and its connection to white supremacy during the period of enslavement, this thesis ...
The Future Of The Allen Charge In The New Millennium,
2022
University of Arkansas, Fayetteville
The Future Of The Allen Charge In The New Millennium, Caleb Epperson
Arkansas Law Review
"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same." Following the death of George Floyd on May 25, 2020, social and political movements grew rapidly nationwide to combat the prevalence of police brutality against African-American communities. The impact of the ongoing Black Lives Matter movement has been observed in both cities across the United States and in related movements internationally. This movement highlights the necessity for police reform and catalyzes the public’s growing call for greater criminal justice reform. To achieve the ...
Arkansas Law Review's 75th Anniversary Remarks,
2022
Unity Hunt, Inc., Dallas
Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith
Arkansas Law Review
It is an exciting time for the Arkansas Law Review, the School of Law, and the University of Arkansas. The journal is celebrating its 75th anniversary, the law school is approaching its 100th year of existence, and the university recently celebrated its 150th birthday.
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas,
2022
St. Mary's University School of Law
Identity Documents For Transgender Texans: A Proposal For A Uniform System For Correcting Gender Markers In Texas, Lydia R. Harris
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas’s lack of a codified gender correction process is unjust, illegal, and against public policy. This comment highlights the injustice faced by transgender Texans without gender concordant identity documents. These injustices include discrimination based on gender stereotypes, violation of the transgender individual’s right to privacy, and violations of public policy. This comment explores possible solutions to the injustices faced by transgender Texans due to the lack of a codified uniform way to correct gender markers in Texas modeled on other jurisdictions’ approaches to this problem.
First, this comment traces the history of the recognition of transgender people and ...
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run,
2022
Mitchell Hamline School of Law
Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson
The Scholar: St. Mary's Law Review on Race and Social Justice
This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with ...
The Declaration Of Independence, Constitution, And Slavery,
2022
Liberty University
The Declaration Of Independence, Constitution, And Slavery, Johnny B. Davis
Helm's School of Government Conference
The paper address the nature of the principles of the Declaration and the Declaration's relationship to the Constitution and how these related to slavery. The argument is that the Declaration did stand for universal equality of the individual before God and the law and therefore its principles condemned slavery. The Constitution did not embrace slavery even though it failed to ban slavery but did set the foundation for the end of slavery.
“Kung Flu”: A History Of
Hostility And Violence
Against Asian
Americans,
2022
Senior Judge, U.S. Court of Appeals for the Second Circuit
“Kung Flu”: A History Of Hostility And Violence Against Asian Americans, Denny Chin, Kathy Hirata Chin
Fordham Law Review
The COVID-19 pandemic “first became real” for most Americans in March 2020. Since then,a wave of anti-Asian hatred and violence has swept the country, as more than 10,000 “hate incidents” have been reported against Asian Americans and Pacific Islanders (AAPIs), including the 2021 killing of six Asian American women in the Atlanta area. The videos of senseless attacks against AAPIs, many of whom were older and vulnerable, were horrific and disturbing. But what is perhaps more disturbing is that this is nothing new, for there is a long history of hostility and violence against Asian Americans in this ...
A Commons In The Master's House,
2022
Boston College Law School
A Commons In The Master's House, Daniel S. Farbman
Boston College Law School Faculty Papers
Almost everyone who reads these words is an institutional insider in some form. Those of us who aspire toward transformation, liberation, and resistance from our institutional settings are forced to confront Audre Lorde’s striking admonition that “the master’s tools will never dismantle the master’s house.” For some, finding themselves in the master’s house is a spur towards purism—a rejection of institutional power in search of a “pure” remove from which to critique it. For others, it is a dispiriting check on their aspirations and an invitation to sullen fatalism. This Essay questions whether we are ...
Dedication: Center On Asian Americans And The Law,
2022
Vice President of the United States of America
Dedication: Center On Asian Americans And The Law, Kamala Harris
Fordham Law Review
Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans— not as the “other,” not as “them,” but as “us.” From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn about the role of Asian Americans and the law. Accordingly, I write to recognize the historic launch of the Center on Asian Americans and the Law at Fordham University School of Law—the first of its kind in the country. Its founding is both ...
The Way Lawyers Worked,
2022
University of Cincinnati College of Law
The Way Lawyers Worked, Michael Risch, Mike Viney
University of Cincinnati Law Review
Court and litigation operations are opaque in the best of times, and the lack of explanatory Nineteenth Century legal records makes it even more difficult to learn how lawyers and judges went about their business. This may be one of the reasons there are so few accounts detailing the nuts and bolts of 1800s law practice. This Article illuminates the development of litigation and the law in the middle of the Nineteenth Century by examining archival court and Patent Office records.
Most accounts of the time focus either on judicial opinions or the relationship of the parties, but few articles ...
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada,
2022
Faculty of Law, Toyo University
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Japanese Society and Culture
When, why, how, and by whom was “time” combined with “law” in Japan? This paper scrutinizes the issue based on Yoshiro Okada’s research, especially his most important works: Nihon no Koyomi and his thesis “Meiji no Kaireki: ‘Toki’ no chuo shuken-ka.” It is thus possible to understand how the political authorities used the unification of the calendar system to demonstrate their power and to govern the lives of the nation. Thereafter, “time” was used as a fundamental and important standard for judgment in the science of law, legalism, and the rule of law. In this process, “calendar (time) and ...
Acceptance Of Modern International Law In Japan,
2022
Faculty of Law, Graduate School of Law, Heisei International University
Acceptance Of Modern International Law In Japan, Motoyasu Nozawa
Japanese Society and Culture
From the end of the Edo period to the beginning of the Meiji period, there was almost no knowledge of international law in the government. I have examined, under these circumstances, how Japan accepted and applied modern international law through several events and national practices. I also discussed how international jurists were born, what role they played in the development of international law, and what influence they had on the subsequent development of modern international law in Japan.
Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax,
2022
Liberty University
Health Choice Or Health Coercion? The Osha Emergency Temporary Standard Covid-19 Vaccination Mandates: Ax Or Vax, Savannah Snyder
Helm's School of Government Conference
No abstract provided.
Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis,
2022
Villanova University Charles Widger School of Law
Tijuana River Valley Pollution: How The Environmental Protection Agency Expects To End A Ninety-Year Environmental And Public Health Crisis, Andrew Simmons
Villanova Environmental Law Journal
No abstract provided.
Jacquelyn L. Bridgeman Interview; Oral History Project,
2022
University of Wyoming College of Law
Jacquelyn L. Bridgeman Interview; Oral History Project, Jacquelyn L. Bridgeman, Cristina E. Salazar, Shelby Nivitanont
Wyoming Oral History
Jacquelyn L. Bridgeman, Kepler Professor of Law, Director of School of Culture, Gender & Social Justice.
In this oral history, Professor Bridgeman discuses what it was like to grow up in Laramie, WY, her experience as a woman of color in the legal career field, and her accomplishments as a lawyer, law professor, and magistrate. Professor Bridgeman touches on stories from when President Obama was her professor at University of Chicago Law School, insights into current events in the Wyoming Legislature, and her perspective on diversity recruitment.
Pleasure Patents,
2022
Willamette University College of Law
Pleasure Patents, Andrew Gilden, Sarah R. Wasserman Rajec
Boston College Law Review
The United States Patent and Trademark Office has granted thousands of patents for inventions whose purpose is to facilitate the sexual pleasure of their users. These “pleasure patents” raise a range of novel questions about both patent theory and the relationship between law and sexuality more broadly. Given that “immoral” inventions were long excluded from the patent system, and that sexual devices were widely criminalized for much of the past 150 years, how have patentees successfully framed the contributions of their sexual inventions? If a patentable invention must be both new and useful, how have patentees described the utility of ...