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L’Émergence D’Une Monarchie Française Indépendante, 1100-1314 : Le Rejet De La Suprématie Papale, Kent McNeil 2021 Osgoode Hall Law School of York University

L’Émergence D’Une Monarchie Française Indépendante, 1100-1314 : Le Rejet De La Suprématie Papale, Kent Mcneil

Articles & Book Chapters

The struggle between the Pope and secular rulers of Western Europe for political supremacy was a dominant theme in the medieval world. The kings of France and England in particular asserted their authority and independence, leading to the development of nation states. This form of political organization was standardized in Europe in 1648 by the Peace of Westphalia and exported to the rest of the world through colonialism. This article tells the story of the power struggle between the Pope and the kings of France, from which the kings emerged victorious, contributing to the creation of the modern world.


Enlightenment Thinker Cesare Beccaria And His Influence On The Founders: Understanding The Meaning And Purpose Of The Second Amendment’S Right To Keep And Bear Arms, Mark W. Smith 2021 Pepperdine University

Enlightenment Thinker Cesare Beccaria And His Influence On The Founders: Understanding The Meaning And Purpose Of The Second Amendment’S Right To Keep And Bear Arms, Mark W. Smith

Pepperdine Law Review

Often hailed as the father of modern criminology, the writings of the prominent eighteenth-century Italian thinker Cesare Beccaria were deeply influential on the American Founders’ views of criminal law and theory. Courts, lawyers, and legal observers recently have begun to appreciate Beccaria’s influence, including on such timely topics as the pardon power, the theory of criminal sentencing, and the moral implications of the death penalty. But another topic Beccaria wrote about with great influence has been largely neglected: the individual right to keep and bear arms. This article seeks to correct this gap in the current scholarship surrounding Beccaria ...


Greenbacks, Consent, And Unwritten Amendments, John M. Bickers 2021 Northern Kentucky University, Highland Heights

Greenbacks, Consent, And Unwritten Amendments, John M. Bickers

Arkansas Law Review

I remember a German farmer expressing as much in a few words as the whole subject requires: “money is money, and paper is paper.”—All the invention of man cannot make them otherwise. The alchymist may cease his labours, and the hunter after the philosopher’s stone go to rest, if paper cannot be metamorphosed into gold and silver, or made to answer the same purpose in all cases. Every day Americans spend paper money, using it as legal tender. Yet the Constitution makes no mention of this phenomenon. Indeed, it clearly prevents the states from having the authority to ...


2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School of Law 2021 Roger Williams University

2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Japanese Criminal Justice: A Comparative Legal History Perspective, Koji Fujimoto 2021 Faculty of Humanities and Social Sciences, Iwate University

Japanese Criminal Justice: A Comparative Legal History Perspective, Koji Fujimoto

Japanese Society and Culture

The Carlos Ghosn case has focused the world’s attention on Japan’s criminal justice system. In particular, the system has been subject to intense criticism, condemning its reliance on confessions in investigation, and for proof of guilt. The investigative approach of using physical restraints on suspects and defendants to coerce confessions is critically referred to as “hostage justice”. While the Japanese Ministry of Justice and the Public Prosecutor’s Office have responded to such criticisms by arguing for the uniqueness of the legal system, the problematic nature of this aspect of Japanese criminal justice cannot be denied, as noted ...


Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani 2021 University of Pennsylvania Carey Law School

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Faculty Scholarship at Penn Law

This essay reviews Nate Holdren's "Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era" (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. "Injury Impoverished" illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.


Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon 2021 University of Pennsylvania Carey Law School

Should Corporations Have A Purpose?, Jill E. Fisch, Steven Davidoff Solomon

Faculty Scholarship at Penn Law

The hot topic in corporate governance is the debate over corporate purpose and, in particular, whether corporations should shift their purpose from the pursuit of shareholder wealth to pursuing a broader conception of stakeholder or societal value. We argue that this debate has overlooked the critical predicate questions of whether a corporation should have a purpose at all and, if so, why,

We address these questions by examining the historical, legal and theoretical justifications for corporate purpose. We find that none of the three provides a basis for requiring a corporation to articulate a particular purpose or for a given ...


Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval 2021 The Catholic University of America, Columbus School of Law

Contested Places, Utility Pole Spaces: A Competition And Safety Framework For Analyzing Utility Pole Association Rules, Roles, And Risks, Catherine J.K. Sandoval

Catholic University Law Review

As climate change augurs longer wildfire seasons, safe, reliable, and competitive energy and communications markets depend on sound infrastructure and well-calibrated regulation. The humble wooden utility pole, first deployed in America in 1844 to extend telegraph service, forms the twenty-first century’s technological scaffold. Utility poles are increasingly contested places where competition, safety, and reliability meet. Yet, regulators and academics have largely overlooked the risks posed by century-old private utility pole associations in California, composed of private and public utility pole owners and some entities who attach facilities to utility poles. No academic articles have examined the rules, roles, and ...


Before And After Hinckley: Legal Insanity In The United States, Stephen J. Morse 2021 University of Pennsylvania Carey Law School

Before And After Hinckley: Legal Insanity In The United States, Stephen J. Morse

Faculty Scholarship at Penn Law

This chapter first considers the direction of the affirmative defense of legal insanity in the United States before John Hinckley was acquitted by reason of insanity in 1982 for attempting to assassinate President Reagan and others and the immediate aftermath of that acquittal. Since the middle of the 20th Century, the tale is one of the rise and fall of the American Law Institute’s Model Penal Code test for legal insanity. Then it turns to the constitutional decisions of the United States Supreme Court concerning the status of legal insanity. Finally, it addresses the substantive and procedural changes ...


A Historical Analysis Of The Investment Company Act Of 1940, Michael B. Weiner 2021 University of Michigan Law School

A Historical Analysis Of The Investment Company Act Of 1940, Michael B. Weiner

Michigan Business & Entrepreneurial Law Review

More than 100 million Americans invest $25 trillion in mutual funds and exchange-traded funds (collectively, “funds”) regulated by the Investment Company Act of 1940 (the “Act”), making funds the predominant investment vehicle in the United States. Everyday investors rely on funds to save for retirement, pay for college, and seek financial security. In this way, funds demonstrate how “Wall Street” can connect with “Main Street” to improve people’s lives.

By way of background, funds are created by investment advisers (“advisers”) that provide investment advisory (e.g., stock selection) and other services to their funds in exchange for a fee ...


The Emerging Genre Of The Constitution: Kent Newmyer And The Heroic Age, Mary Sarah Bilder 2021 Boston College Law School

The Emerging Genre Of The Constitution: Kent Newmyer And The Heroic Age, Mary Sarah Bilder

Boston College Law School Faculty Papers

In written celebration of Kent Newmyer’s intellectual and collegial influence, this essay argues that the written constitution was an emerging genre in 1787-1789. Discussions of the Constitution and constitutional interpretation often rest on a set of assumptions about the Constitution that arose in the years and decades after the constitutional Convention. The most significant one involves the belief that a fixed written document was drafted in 1787 intended in our modern sense as A Constitution. This fundamental assumption is historically inaccurate. The following reflections of a constitutionalist first lay out the argument for considering the Constitution as an emerging ...


A. Part I Mld Mapping Assignment And Instructions, Maryanne Kowaleski, Camila Marcone 2021 Fordham University

A. Part I Mld Mapping Assignment And Instructions, Maryanne Kowaleski, Camila Marcone

Digital Pedagogy: Medieval Londoners Mapping Project

Notes the aims of the assignment, lists resources to help students do research on the deeds, and gives detailed instructions for A) structuring the data about people in the deed into the MLD Mapping Sheet and B) preparing the data about the property for entry into the online mapping platform, Layers of London, using the Layers of London Grid.


A Guide For Instructors And Students: Mld Mapping Project, Maryanne Kowaleski 2021 Fordham University

A Guide For Instructors And Students: Mld Mapping Project, Maryanne Kowaleski

Digital Pedagogy: Medieval Londoners Mapping Project

This site contains instructions and other materials for a linked data digital project developed by Dr Maryanne Kowaleski and Ms Camila Marcone for two Fordham University courses in Fall 2020. The assignment required students to structure information found in medieval London property records into a spreadsheet that had columns corresponding to fields in the Medieval Londoners Database (MLD), an online searchable database of people who lived in London from c. 1190 to to c. 1520. Each person in the deed was noted in a separate row or record in the spreadsheet. Students next summarized the data about each property into ...


Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo 2021 St. Mary's University School of Law

Ethics In An Echo Chamber: Legal Ethics & The Peremptory Challenge, Kayley A. Viteo

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.


Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst 2021 Georgetown University Law Center

Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst

Buffalo Law Review

No abstract provided.


“Read What Was Never Written”, Christopher Tomlins 2021 Berkeley Law

“Read What Was Never Written”, Christopher Tomlins

Buffalo Law Review

No abstract provided.


“I Am Better At Narrative Than Analytical History”: Schlegel’S Version Of Intellectual History, G. Edward White 2021 University of Virginia

“I Am Better At Narrative Than Analytical History”: Schlegel’S Version Of Intellectual History, G. Edward White

Buffalo Law Review

No abstract provided.


Saying Thanks With Some Self-Reflection, John Henry Schlegel 2021 University at Buffalo School of Law

Saying Thanks With Some Self-Reflection, John Henry Schlegel

Buffalo Law Review

No abstract provided.


Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton 2021 University of Pennsylvania Carey Law School; University of Miami School of Law

Reconsidering The Evolutionary Erosion Account Of Corporate Fiduciary Law, William W. Bratton

Faculty Scholarship at Penn Law

This Article reconsiders the dominant account of corporate law’s duty of loyalty, which asserts that the courts have steadily relaxed standards of fiduciary scrutiny applied to self-dealing by corporate managers across more than a century of history—to the great detriment of the shareholder interest. The account originated in Harold Marsh, Jr.’s foundational article, Are Directors Trustees? Conflicts of Interest and Corporate Morality, published in The Business Lawyer in 1966. Marsh’s showing of historical lassitude has been successfully challenged in a recent book by Professor David Kershaw. This Article takes Professor Kershaw’s critique a step further ...


The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter 2021 Seattle University School of Law

The Virginia Company To Chick-Fil-A: Christian Business In America, 1600–2000, Joseph P. Slaughter

Seattle University Law Review

The Supreme Court’s 2014 decision in Burwell v. Hobby Lobby Stores, Inc. is one of its most controversial in recent history. Burwell’s narrow 5–4 ruling states that the Religious Freedom Restoration Act of 1993 applies to closely held, for-profit corporations seeking religious exemptions to the Affordable Care Act. As a result, the Burwell decision thrust Hobby Lobby, the national craft chain established by the conservative evangelical Green family of Oklahoma City, Oklahoma, onto the national stage. Firms like Hobby Lobby and Chick-fil-A, however, reject the conventional wisdom Justice Ginsburg explained in Burwell and instead embrace an approach ...


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