The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages,
2020
University of South Dakota
The Relationship Between Lgbtq+ Representation On The Political And Theatrical Stages, Brett V. Ries
Honors Thesis
This thesis examines the relationship between LGBTQ+ representation on the political and theatrical stages. During some decades, LGBTQ+ theatre was dictated by the politics of the time period. During other times, theatre educated and filled the silence when the government and society turned the other way. By examining LGBTQ+ plays, musicals, and political events over the past century, there are clear themes that emerge. In both the theatrical and political arenas, LGBTQ+ representation has been limited by a concept called “repressive tolerance.” Every step of progress has been met with another restriction, ranging from stereotypical caricatures to legal discrimination. In …
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law,
2020
Campbell University School of Law
The Conceptions Of Self-Evidence In The Finnis Reconstruction Of Natural Law, Kevin P. Lee
St. Mary's Law Journal
Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would …
Contract's Revenge: The Waiver Society And The Death Of Tort,
2020
Yale Law School
Contract's Revenge: The Waiver Society And The Death Of Tort, Ryan Martins, Shannon Price, John Fabian Witt
Cardozo Law Review
No abstract provided.
Mezei's Day In Court: Debtors' Prisons, Substance Abuse, And The Permissiveness Of Civil Detention In American Immigration Law,
2020
Northwestern Pritzker School of Law
Mezei's Day In Court: Debtors' Prisons, Substance Abuse, And The Permissiveness Of Civil Detention In American Immigration Law, Conor Mcdonough
Northwestern University Law Review
American immigration law mandates the civil detention of certain classes of migrants while their legal cases proceed through the courts. Due to the peculiar nature of immigration law, many migrants find themselves detained for years on end without receiving the level of due process that normally attends imprisonment. This Note draws on historical and comparative analysis to argue that the mandatory detention provisions of American immigration law are not civil, but functionally criminal, and that detained migrants are therefore owed a modicum of due process that they do not currently receive.
This Note traces the history of immigration law in …
Were Justices Lawyers?,
2020
William & Mary Law School
Evaluating Originalism: Commerce And Emoluments,
2020
St. John's University School of Law
Evaluating Originalism: Commerce And Emoluments, John Vlahoplus
St. John's Law Review
(Excerpt)
This Article suggests that originalist theories share a core focus that meaningfully competes with pluralist theories. The contest is real and appears in centuries of debates within Anglo-American and civil law. The Article locates the Anglo-American origins of originalism in a novel seventeenth-century method of legal interpretation used to achieve a specific political end: to stifle opposition to the union of Scottish and English subjects of King James after his accession to the English crown in 1603. It details the novel method and the competing traditional method of English legal interpretation. It then evaluates originalist interpretations of the Commerce …
Legal Genres,
2020
William & Mary Law School
Who Are The "We"?,
2020
William & Mary Law School
An Intellectual History Of Comparative Tax Law,
2020
Schulich School of Law, Dalhousie University
An Intellectual History Of Comparative Tax Law, Kim Brooks
Articles, Book Chapters, & Popular Press
In this article, the author argues that comparative tax law has an intellectual history. More specifically, the author claims that history reveals there is a distinguishable comparative tax law scholarship where tax scholars engage in common debates. The author then offers a description of method, highlighting the difficulty of identifying the work that might be considered “comparative tax law.” Next, the author conceptualizes and clusters contributions from scholars who have framed the comparative tax law field. The author argues that our national boundedness, combined with the lack of an explicit network of scholars, has masked the rich intellectual history in …
Putting The People Into Legal History,
2020
William & Mary Law School
Putting The People Into Legal History, Thomas J. Mcsweeney
Popular Media
No abstract provided.
The Overly Familiar Treatise,
2020
William & Mary Law School
The Traditions Of American Constitutional Law,
2020
St. John's University School of Law
The Traditions Of American Constitutional Law, Marc O. Degirolami
Notre Dame Law Review
This Article identifies a new method of constitutional interpretation: the use of tradition as constitutive of constitutional meaning. It studies what the Supreme Court means by invoking tradition and whether what it means remains constant across the document and over time. Traditionalist interpretation is pervasive, consistent, and recurrent across the Court’s constitutional doctrine. So, too, are criticisms of traditionalist interpretation. There are also more immediate reasons to study the role of tradition in constitutional interpretation. The Court’s two newest members, Justices Neil Gorsuch and Brett Kavanaugh, have indicated that tradition informs their understanding of constitutional meaning. The study of traditionalist …
Data And The Social Obligation Norm Of Property: An Essay In Honor Of Professor Gregory S. Alexander,
2020
Texas A&M University School of Law
Data And The Social Obligation Norm Of Property: An Essay In Honor Of Professor Gregory S. Alexander, Christopher K. Odinet
Faculty Scholarship
In the age of the Cambridge Analytica/Facebook scandal and sundry other data breaches at Under Armour, Target, and Best Buy, the issue of security and privacy in consumer data has become increasingly important. For much of the modern era, the development of technology has gone relatively unchecked, with the United States having ceded much of the policymaking terrain to Silicon Valley. This has resulted in the unbridled creation of vast amounts of consumer data. Users who engage with tech platforms generate bits and bytes about themselves based on their activities, preferences, and habits. This information — “data” — is then …
Historical Gloss, Madisonian Liquidation, And The Originalism Debate,
2020
Duke Law School
Historical Gloss, Madisonian Liquidation, And The Originalism Debate, Curtis A. Bradley, Neil S. Siegel
Faculty Scholarship
The U.S. Constitution is old, relatively brief, and very difficult to amend. In its original form, the Constitution was primarily a framework for a new national government, and for 230 years the national government has operated under that framework even as conditions have changed in ways beyond the Founders’ conceivable imaginations. The framework has survived in no small part because government institutions have themselves played an important role in helping to fill in and clarify the framework through their practices and interactions, informed by the realities of governance. Courts, the political branches, and academic commentators commonly give weight to such …
Artificial Agents In Corporate Boardrooms,
2020
University of Missouri - Kansas City, School of Law
Artificial Agents In Corporate Boardrooms, Sergio Alberto Gramitto Ricci
Faculty Works
Thousands of years ago, Roman businessmen often ran joint businesses through commonly owned, highly intelligent slaves. Roman slaves did not have full legal capacity and were considered property of their co-owners. Now business corporations are looking to delegate decision-making to uber intelligent machines through the use of artificial intelligence in boardrooms. Artificial intelligence in boardrooms could assist, integrate, or even replace human directors. However, the concept of using artificial intelligence in boardrooms is largely unexplored and raises several issues. This Article sheds light on legal and policy challenges concerning artificial agents in boardrooms. The arguments revolve around two fundamental questions: …
Crisis? Whose Crisis?,
2020
William & Mary Law School
Crisis? Whose Crisis?, Jack M. Beermann
William & Mary Law Review
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
Crisis? Whose Crisis?,
2020
Boston University School of Law
Crisis? Whose Crisis?, Jack M. Beermann
Faculty Scholarship
Every moment in human history can be characterized by someone as “socially and politically charged.” For a large portion of the population of the United States, nearly the entire history of the country has been socially and politically charged, first because they were enslaved and then because they were subjected to discriminatory laws and unequal treatment under what became known as “Jim Crow.” The history of the United States has also been a period of social and political upheaval for American Indians, the people who occupied the territory that became the United States before European settlement. Although both African-Americans and …
Segregation In The Galleries: A Reconsideration,
2020
University of Michigan Law School
Segregation In The Galleries: A Reconsideration, Richard Primus
Michigan Law Review Online
When constitutional lawyers talk about the original meaning of the Fourteenth Amendment as applied to questions of race, they often men-tion that the spectators’ galleries in Congress were racially segregated when Congress debated the Amendment.1 If the Thirty-Ninth Congress practiced racial segregation, the thinking goes, then it probably did not mean to prohibit racial segregation.2 As an argument about constitutional interpretation, this line of thinking has both strengths and weaknesses. But this brief Essay is not about the interpretive consequences, if any, of segregation in the congressional galleries during the 1860s. It is about the factual claim that the galleries …
Law Library Blog (February 2020): Legal Beagle's Blog Archive,
2020
Roger Williams University
Law Library Blog (February 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration,
2020
William & Mary Law School
A Brief History Of Judical Appointments From The Last 50 Years Through The Trump Administration, Donald F. Mcgahn Ii
William & Mary Law Review
Thank you so much for that kind introduction. I really appreciate the opportunity to be here today. I am going to talk about the confirmation process generally. There is no better place to talk about it than here. Let me begin with some numbers and statistics, before I turn to the main thrust of my talk, to give some context as to what recent Presidents have done with respect to judicial appointments. President Trump has appointed two Supreme Court Justices, Neil Gorsuch and Brett of Appeals; twenty-nine so far have been confirmed. The Senate Leader, Senator Mitch McConnell, has already …
