Legal History Commons^™

Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero

Nevada Law Journal

No abstract provided.

Baby Ninth Amendments And Unenumerated Individual Rights In State Constitutions Before The Civil War, Anthony B. Sanders

Mercer Law Review

Perhaps the greatest questions of modern constitutional law are "Does the Constitution protect unenumerated rights, and, if so, what are those rights?" The United States Supreme Court has repeatedly, yet haphazardly and often reluctantly, answered "yes" to the first question, and essentially "it depends" to the second.' The Court has proceeded with basically the same approach concerning the Constitution's unenumerated protections against both the federal government and the states. ...

This Article makes a small step toward demonstrating that at least most state constitutions protect unenumerated rights by focusing on Baby Ninth Amendments. Calabresi and Vickery recently demonstrated some of …

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.

The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George

Nevada Law Journal

No abstract provided.

An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh

Research Collection Yong Pung How School Of Law

In the light of Singapore’s aspiration to be a centre of legal ideas in the region, it is opportune to examine the Singapore courts’ use of legal scholarship. This article provides a preliminary map of the Singapore Court of Appeal’s citation practices. It provides an overview of the Singapore Court of Appeal’s use or citation of legal scholarship in its decisions over the past 50 years. It identifies and evaluates trends in the Singapore Court of Appeal’s citations of academic material and the types of academic material cited.

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.

In Essentials, Unity : An Economic History Of The Grange Movement, Jenny Bourne

Ohio University Press Open Access Books

The Patrons of Husbandry—or the Grange—is the longest-lived US agricultural society and, since its founding shortly after the Civil War, has had immeasurable influence on social change as enacted by ordinary Americans. The Grange sought to relieve the struggles of small farmers by encouraging collaboration. Pathbreaking for its inclusion of women, the Grange is also well known for its association with Gilded Age laws aimed at curbing the monopoly power of railroads.

In Essentials, Unity takes as its focus Grange founder Oliver Kelley and his home organization in Minnesota. Jenny Bourne draws upon numerous historical records to present a lively …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

3d Printing The Road Ahead: The Digitization Of Products When Public Safety Meets Intellectual Property Rights-A New Model, Shlomit Yanisky-Ravid, Kenneth S. Kwan

Cardozo Law Review

This Article addresses the threats of 3D printing to both the physical and legal world. Not only does 3D printing impact products protected by intellectual property rights, it also poses risk, threats, and challenges to many other regimes, including products governed by product liability and criminal laws, which consequently threatens public safety. 3D printing virtually possesses threats to medical devices and products, threats to legal and illegal drugs, threats to human organs, threats to the food industry, and to the transportation industry, including cars, trains, and aircrafts. Ultimately, 3D printing also threatens environmental protection, workplace protections, households, and even the …

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.

Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith

Catholic University Law Review

When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This …

Was Castro Behind The Jfk Assassination?, Donald E. Wilkes Jr.

Popular Media

A month after Fidel Castro’s death, on Dec. 19, 2016, the tabloid National Enquirer published an article tinglingly titled “Dying Castro Admitted Killing JFK!” The article’s sensationalistic subtitle proclaimed “Chilling New Evidence Blows Assassination Wide Open After 53 Years.” This article by Professor Wilkes debunks the assertions set forth in the Enquirer article.

The Passage Of The Fair Housing Act Of 1968: Stories To Be Told, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The enactment of the Fair Housing Act of 1968 ("FHA") is a story filled with intrigue - coercion, duplicity, and back-room deals. In The Secret History of the Fair Housing Act, Professor Jonathan Zasloff provides a riveting account of the maneuvers by the various protagonists in that story. Review of Jonathan Zasloff’s The Secret History of the Fair Housing Act, 53 Hary. J. on Legis. 247 (2016), http://property.jotwell.com/the-passage-of-the-fair-housing-act-of-1968-stories-to-be-told/.

Presidential Fiscal Accoutability Following The Budget Act Of 1974, Louis Fisher

Maine Law Review

In response to the claim by President Nixon that he possessed independent authority to refuse to spend appropriated funds, Congress passed the Budget Act of 1974 to limit impoundment actions and revise the legislative budget process. The objective was to strengthen congressional power over the President, but in practice the new system held a potential for increased executive. Precisely that took place during the administration of Ronald Reagan. The result: a loss of budget control and a tripling of the national debt during his two terms in office. Overall, the new budget process has substantially reduced the President’s accountability in …

Remembering Ed Muskie: His Commitment And Contributions To Civil Access To Justice, Andrew M. Mead

Maine Law Review

It is a special honor and pleasure to speak to you today about Ed Muskie and his enduring contribution to the cause of equal access to justice. I am the current Chair of Justice Action Group, an organization that traces its roots directly to Senator Muskie’s efforts in the late 1980s. JAG, as it is known, continues to keep his vision alive. I will speak more about JAG in a moment, but first some brief reminiscences. In the late 1980s, I was a member of the Commission chaired by Senator Muskie that conducted the first comprehensive legal needs study in …

Legal Aid And Legal Services: An Overview, Howard Dana

Maine Law Review

You have asked me to summarize in under ten minutes the entire history of civil legal aid and civil legal services to the poor since the beginning of recorded history. I hope in this undertaking not to slight the substantial contributions of many of this room. Legal aid to the poor for all but the last fifty years has been almost exclusively the responsibility of the private bar. Dating back to at least the fourteenth century it was understood that in exchange for the privilege of being a compensated advocate in court, a lawyer had the responsibility to devote some …

The Legacy Of Senator Edmund Muskie, Robert E. Hirshon

Maine Law Review

I am delighted to be with you this morning. My relationship with Senator Edmund Muskie actually predated my birth. It arose from my grandfather’s ownership of a building in Waterville, Maine. On the ground floor was a dry goods and clothing store operated by my grandparents and frequently visited by Jane Gray, the future wife of Edmund Muskie. On one of the upper floors in the building was a small office that my grandfather had rented to an aspiring young lawyer who had recently graduated from Cornell Law School and had returned to Maine to practice law. That young lawyer …

Urban Development Legislation For Cities, By Cities, Kellen Zale

Maine Law Review

Thank you so much for inviting me to speak as part of this symposium. It is a great honor to be here in the company of such distinguished speakers to learn about the impressive legacy of Senator Muskie. My presentation today connects the legacy of Senator Muskie, and specifically, his work on urban development and Model Cities, to contemporary urban development legislation. Thus, this presentation picks up where my co-panelist, Don Nicoll, left off, by considering how the Model Cities legacy is both a foundation of and a counterpoint to contemporary urban development policies and programs. While urban development legislation …

Model Cities, Senator Muskie And Creative Federalism, Donald E. Nicoll

Maine Law Review

The odd couple partnership of Senator Edmund S. Muskie and President Lyndon B. Johnson in the passage of the Demonstration Cities and Metropolitan Development Act of 1966 is a story with several subplots and insights into their different approaches to the art of democratic governance. For Senator Muskie, the president’s proposal was based on valid concepts, but he doubted the legislation’s viability in the Senate and he had serious reservations about its timeliness and capacity to address the problems the legislation was supposed to solve. The President was determined that the ambitious initiative, developed by a secret task force he …