The Intemperate Regulation Of Alcohol,
2023
Pepperdine University
The Intemperate Regulation Of Alcohol, Bradley R. Greenman
The Journal of Business, Entrepreneurship & the Law
This comment will not argue the legitimacy of the policy aims of the Twenty-First Amendment, rather, it will argue the current regulatory and legal apparatuses which govern the alcohol industry are no longer moored to the original moral and philosophical values the Temperance Movement, or those morals and values which carried over into the Twenty-First Amendment. To aid in understanding the current state of alcohol regulation, Section II will outline the history of liquor regulation in the United States from the Founding to the present. Second, Section II will examine the history of legislation and regulation of alcohol that led …
Reconstruction's Lessons,
2023
American University Washington College of Law
Reconstruction's Lessons, Susan D. Carle
Scholarly Articles in Law Reviews & Journals
In the current moment in the legal struggle for racial justice in the United States, the Nation appears at risk of repeating its history. The country stands at a time of some hope but more cause for pessimism. The current United States Supreme Court has exhibited hostility towards key legal priorities of the racial justice movement, and all indications point to this trend continuing or getting even worse. Leading commentators on race issues have suggested that the United States is headed back to the post Reconstruction era, sometimes referred to as “Redemption” in reference to southern states’ reassertion of white …
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution,
2023
William & Mary Law School
Attachment Issues: Assessing The Relationship Between Newcomers And The Constitution, Ashley Mantha-Hollands
William & Mary Bill of Rights Journal
Are you attached to the principles of the U.S. Constitution? How do you prove it—do you feel it, or just know it? What role does it play in your daily life as a citizen? Ever since one of the first acts of the U.S. Congress, the Naturalization Act of 1795, applicants for citizenship have been required to demonstrate that they are “attached to the principles of the [C]onstitution of the United States.” This requirement has been at the forefront of fierce debates in U.S. constitutional history and, although it has had limited usage after WWII, it has recently been brought …
Coase’S Parable,
2023
Mercer University School of Law
Coase’S Parable, F.E. Guerra-Pujol
Mercer Law Review
Some stories have heroes and villains. Others involve a voyage, a quest, or a monster to be defeated. The law is no exception. Most legal stories are about identifying wrongdoers and vindicating the rights of victims, and this standard victim-wrongdoer model not only informs recent developments in legal scholarship, such as feminist jurisprudence or critical race theory; it also informs our classical liberal tradition.5 But what if harms are reciprocal or jointly caused? In other words, what if victims are just as responsible as wrongdoers for their plight?
Even Lawyers Do Not Like Legalese,
2023
Texas A&M University School of Law
Even Lawyers Do Not Like Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson
Faculty Scholarship
Significance
Why do lawyers write in such a convoluted manner? Across two preregistered experiments, we find that lawyers a) like laypeople, were less able to understand and recall “legalese” contracts than content of equivalent meaning drafted in a simplified register; and b) rated simplified contracts as equally enforceable as legalese contracts, and rated simplified contracts as preferable to legalese contracts on several important dimensions. Contrary to previous speculation, these results suggest that lawyers who write in a convoluted manner do so as a matter of convenience and tradition as opposed to an outright preference and that simplifying legal documents would …
Talking About Talking About Surrogacy,
2023
University at Buffalo School of Law
Talking About Talking About Surrogacy, Michael Boucai
Buffalo Law Review
No abstract provided.
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason,
2023
Washington and Lee University School of Law
From Natchitoches To Nuremberg: The Life Of Legal Pioneer Lyria Dickason, Todd C. Peppers
Scholarly Articles
Lyria was one of a small handful of women who graduated from a Louisiana law school in the 1930’s. Despite the employment barriers facing female attorneys, she went on to become one of the first female law clerks in both the federal and state judiciary. To date, Lyria’s story has not been told. I have recently discovered, however, that Lyria’s children and grandchildren preserved her letters to her family. They are a treasure trove of information about a woman whose career took her from rural Louisiana to Louisiana’s highest court as well as the post-war ruins of Nazi Germany. The …
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law,
2023
Brooklyn Law School
Historical Tradition: A Vague, Overconfident, And Malleable Approach To Constitutional Law, Michael L. Smith
Brooklyn Law Review
In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court overturned a century-old firearms licensing scheme that required people seeking concealed carry permits to demonstrate that they had a special need for self-defense. The Court did so by applying a “historical tradition” approach to determine the scope of Second Amendment protection. Under this approach, where the Second Amendment’s plain text covers an individual’s conduct, a law restricting that conduct must be consistent with “the Nation’s historical tradition of firearm regulation.” At first glance, the historical tradition approach may seem objective and easier than an empirical analysis …
Isabel Marcus:Activist Scholar,
2023
Santa Clara University
Isabel Marcus:Activist Scholar, Patricia A. Cain
Buffalo Law Review
No abstract provided.
Family Remarks,
2023
University at Buffalo School of Law
Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus,
2023
University at Buffalo School of Law
Gender, Violence, And The Rule Of Law: Remembering Isabel Marcus, Martha T. Mcclusky
Buffalo Law Review
No abstract provided.
Remembering Iz,
2023
University of Iowa
A Grievously Belated Thank You Note,
2023
University of Texas Law School
A Grievously Belated Thank You Note, Sanford Levinson
Buffalo Law Review
No abstract provided.
A Powerful Vine: My Memories Of Isabel Marcus,
2023
University at Buffalo
A Powerful Vine: My Memories Of Isabel Marcus, Barbara J. Bono
Buffalo Law Review
No abstract provided.
Remembering Isabel,
2023
Brooklyn Law School
The Role Of Law In U.S. History Textbooks,
2023
New England Law | Boston
The Role Of Law In U.S. History Textbooks, Russ Versteeg
Cleveland State Law Review
This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories,
2023
CUNY School of Law
De Jure Separate And Unequal Treatment Of The People Of Puerto Rico And The U.S. Territories, Natalie Gomez-Velez
Fordham Law Review
Current efforts to dismantle systemic racism in the United States are often met with the argument that legally sanctioned inequality is a thing of the past. Yet despite progress toward formal legal equality, racism and discrimination in the United States exist not only as the effects of past laws and systems—they exist presently in current laws and systems as well. Current U.S. law discriminates against U.S. territories and their residents with respect to citizenship status, voting rights and representation, and equal access to benefits, among other things.
This Essay examines such separate and unequal treatment using the recent case, United …
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases,
2023
Office of the Lieutenant Governor of the U.S. Virgin Islands
Cultural Identity And Territorial Autonomy: U.S. Virgin Islands Jurisprudence And The Insular Cases, Dolace Mclean
Fordham Law Review
This Essay utilizes the lens of postcolonial theory to analyze the development of U.S. Virgin Islands jurisprudence. This Essay asserts that the United States’s acquisition of the territory served the purpose of helping to construct an American narrative of moving from colony to colonial power that surpassed its European forebears. The colonial narrative is fractured by instances of the Supreme Court of the Virgin Islands re-narrating territorial space by utilizing legal principles that are informed by local cultural expressions. Consequently, Virgin Islands jurisprudence is transformed from “colonial dependent” to “postcolonial independent” based on intersectional, progressive principles.
Michigan Supreme Court Records And Briefs: New Access To A Historical Resource,
2023
Wayne State University
Michigan Supreme Court Records And Briefs: New Access To A Historical Resource, Virginia Thomas
Library Scholarly Publications
The author describes a successful 3-year collaboration among publishers, academic law libraries and, of course, the Michigan Supreme Court, that resulted in digitizing Michigan Supreme Court records and briefs from 1850 through 2011 and making these items accessible online.
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality,
2023
University of Baltimore School of Law
The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler
Washington and Lee Journal of Civil Rights and Social Justice
Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …
