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Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. McPherson 2018 St. Mary's University School of Law

Plata O Plomo: Effect Of Mexican Transnational Criminal Organizations On The American Criminal Justice System, Mark M. Mcpherson

St. Mary's Law Journal

Abstract forthcoming


Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, Kayla Hardy-Butler 2018 University of Akron

Douglass’ Reply To A. C. C. Thompson’S ‘Letter From Frederick Douglass,’ As Reprinted In The Anti-Slavery Bugle: A Critical Edition Of Both Letters, With A Summary Of Maryland’S Fugitive Slave Laws, Kayla Hardy-Butler

Nineteenth-Century Ohio Literature

Kayla Hardy-Butler presents a famous letter by Frederick Douglass, as it was published in Ohio, with the letter that prompted it. This edition also includes a summary of Maryland slave statutes from the time to better explain the day-to-day experience of slavery debated in this correspondence.


Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker 2018 University of Miami School of Law

Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker

Articles

No abstract provided.


The Canon Wars, Anita S. Krishnakumar, Victoria F. Nourse 2018 St. John's University School of Law

The Canon Wars, Anita S. Krishnakumar, Victoria F. Nourse

Faculty Publications

Canons are taking their turn down the academic runway in ways that no one would have foretold just a decade ago. Affection for canons of construction has taken center stage in recent Supreme Court cases and in constitutional theory. Harvard Dean John Manning and originalists Will Baude and Stephen Sachs have all suggested that principles of “ordinary interpretation” including canons should inform constitutional interpretation. Given this newfound enthusiasm for canons, and their convergence in both constitutional and statutory law, it is not surprising that we now have two competing book-length treatments of the canons—one by Justice Scalia and Bryan Garner, …


Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay 2018 Osgoode Hall Law School of York University

Working Time, Dinner Time, Serving Time: Labour And Law In Industrialization, Douglas Hay

Articles & Book Chapters

Many economic historians agree that increased labour inputs contributed to Britain’s primary industrialisation. Voluntary self-exploitation by workers to purchase new consumer goods is one common explanation, but it sits uneasily with evidence of poverty, child labour, popular protest, and criminal punishments explored by social historians. A critical and neglected legal dimension may be the evolution of contracts of employment. The law of master and servant, to use the technical term, shifted markedly between 1750 and 1850 to advantage capital and disadvantage labour. Medieval in origin, it had always been adjudicated in summary hearings before lay magistrates, and provided penal sanctions …


The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx 2018 University of Denver

The Fallacy Of Choice: The Destructive Effect Of School Vouchers On Children With Disabilities, Ian P. Farrell, Chelsea Marx

American University Law Review

No abstract provided.


Homestead: A (New) Hope, Thomas Simmons 2018 University of South Dakota School of Law

Homestead: A (New) Hope, Thomas Simmons

Faculty Publications

A finely-tuned balancing of the free functioning of private and commercial enterprise against a family's interests in shelter and a home is at the heart of homestead exemption laws. In South Dakota's history, this balancing act has been displayed over a 145-year history in the form of legislative enactments, judicial decisions, and referendums. This history illuminates the expression of values against the dynamics of rule-making. A previously published article in this review, Prequel to Homestead, outlined South Dakota's homestead laws under the contemporary statutory framework and also considered the constitutional history of homestead laws leading up to South Dakota's …


The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay 2018 University of Baltimore School of Law

The Perpetual "Invasion": Past As Prologue In Constitutional Immigration Law, Matthew J. Lindsay

Roger Williams University Law Review

No abstract provided.


Excavating The Forgotten Suspension Clause, Helen Norton 2018 University of Colorado Law School

Excavating The Forgotten Suspension Clause, Helen Norton

Publications

No abstract provided.


The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson 2018 University of Colorado Law School

The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson

Publications

No abstract provided.


In Memory Of Roderick Glen Ayers, Jr. (1947–2017), Professor Of Law, St. Mary's University School Of Law, Craig A. Gargotta, William R. "Dick" Davis Jr. 2018 U.S. Bankruptcy Court, Western District of Texas

In Memory Of Roderick Glen Ayers, Jr. (1947–2017), Professor Of Law, St. Mary's University School Of Law, Craig A. Gargotta, William R. "Dick" Davis Jr.

St. Mary's Law Journal

On September 27, 2017, Glen Ayers, a former professor at St. Mary’s School of Law, passed away suddenly and unexpectedly. Two St. Mary's alumni—Bankruptcy Judge Craig A. Gargotta (1989) and William R. “Dick” Davis, Jr. (1983)—have provided this tribute to an icon of San Antonio’s bankruptcy bar.


'A Southern College Slipped From Its Geographical Moorings': Slavery At Princeton, Lolita Buckner Inniss 2018 University of Colorado Law School

'A Southern College Slipped From Its Geographical Moorings': Slavery At Princeton, Lolita Buckner Inniss

Publications

While slave-owning students at Princeton rarely constituted a majority of students, they were often a large plurality of the students in the antebellum period. Because of Princeton’s historic role in educating southerners, it has sometimes been referred to as the most southern of the Ivy League schools. So many students from the United States South enrolled at Princeton during the first several decades of the college that one observer wrote that one might take Princeton for a ‘Southern college slipped from its geographical moorings.’ This article explores the extent to which and whether Princeton behaved like a southern institution in …


The First Queer Right, Scott Skinner-Thompson 2018 University of Colorado Law School

The First Queer Right, Scott Skinner-Thompson

Publications

Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”

Decades before the Supreme Court would …


The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro 2018 IIT Chicago-Kent College of Law

The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro

Dickinson Law Review (2017-Present)

At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from answers given …


Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg 2018 Touro University Jacob D. Fuchsberg Law Center

Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg

Touro Law Review

No abstract provided.


Cardozo And The Civil Jury, Michael D. Green, Ashley DiMuzio 2018 Touro University Jacob D. Fuchsberg Law Center

Cardozo And The Civil Jury, Michael D. Green, Ashley Dimuzio

Touro Law Review

No abstract provided.


Table Of Contents, 2018 Touro University Jacob D. Fuchsberg Law Center

Table Of Contents

Touro Law Review

No abstract provided.


Justice Cardozo’S The Nature Of The Judicial Process: A Case Study, Judge Kermit V. Lipez 2018 Touro University Jacob D. Fuchsberg Law Center

Justice Cardozo’S The Nature Of The Judicial Process: A Case Study, Judge Kermit V. Lipez

Touro Law Review

No abstract provided.


A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt 2018 University of Dayton

A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt

School of Law Faculty Publications

The Property Clause of the Constitution grants Congress the “Power to Dispose” of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice. While many scholars argue that the text and intent of the framers show that Congress has the power to permanently own land within the states, others contend that these sources demonstrate that Congress has a duty to dispose of all federal land not held pursuant to another enumerated …


Defining The Opioid Epidemic: Congress, Pressure Groups, And Problem Definition, Taleed El-Sabawi 2018 Florida International University College of Law

Defining The Opioid Epidemic: Congress, Pressure Groups, And Problem Definition, Taleed El-Sabawi

Faculty Publications

The passage of the Comprehensive Addiction and Recovery Act of 2016 evidences a shift in federal legislative support from criminal justice oriented legislative alternatives to more health oriented legislative alternatives to addressing the ongoing Opioid Epidemic. Such a shift was preceded by a redefinition of problem drug use in the policy discourse from an issue of deviancy to a health issue. However, the redefinition of problem drug use as a health issue, has been dominated by policy narratives and causal stories that do not define problem drug use in a manner that aligns with a multi-modal public health oriented legislative …


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