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The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard 2020 Osgoode Hall Law School of York University

The Contrasting Fates Of French Canadian And Indigenous Constitutionalism: British North America, 1760-1867, Philip Girard

Articles & Book Chapters

In the century after the fall of New France, both Indigenous peoples of Canada and French Canadians could be described as colonised peoples. Yet the treatment of each group's pre-existing laws and the ways in which each found its constitutional demands recognised (or not) varied considerably. In spite of significant rebellions in 1837-1838, French Canadians went on to achieve a high degree of autonomy within the province of Quebec in the British North America Act 1867. Meanwhile, intercultural legal arrangements with Indigenous peoples, such as the Covenant Chain, which could be termed constitutional, were gradually undermined, ignored and forgotten. This …


The General Court Of Virginia, 1619–1776, William Hamilton Bryson 2020 University of Richmond - School of Law

The General Court Of Virginia, 1619–1776, William Hamilton Bryson

Law Faculty Publications

"The General Court of Virginia began with the reorganization of the government of the colony of Virginia in 1619. The court was established not for any political motives to control, or for any financial motives to collect lucrative fines, but it was a part of the tradition of good government. Private disputes are better settled in official courts of law rather than by self-help and vendetta. Therefore, access to the courts is good public policy.

From its foundation in 1607 until 1624, Virginia was a private corporation that was created by a succession of royal charters; in its organization, it …


Mcculloch V. Madison: John Marshall's Effort To Bury Madisonian Federalism, Kurt T. Lash 2020 University of Richmond - School of Law

Mcculloch V. Madison: John Marshall's Effort To Bury Madisonian Federalism, Kurt T. Lash

Law Faculty Publications

"In his engaging and provocative new book, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland, David S. Schwartz challenges McCulloch’s canonical status as a foundation stone in the building of American constitutional law. According to Schwartz, the fortunes of McCulloch ebbed and flowed depending on the politics of the day and the ideological commitments of Supreme Court justices. Judicial reliance on the case might disappear for a generation only to suddenly reappear in the next. If McCulloch v. Maryland enjoys pride of place in contemporary courses on constitutional law, Schwartz argues, then this …


Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman 2020 New York Law School

Restoring Stare Decisis In The Wake Of Janus V. Afscme, Council 31, James Tilghman

NYLS Law Review

No abstract provided.


Judicial Independence: Origins And Contemporary Challenges, David J. Barron 2020 Circuit Judge, United States Court of Appeals for the First Circuit

Judicial Independence: Origins And Contemporary Challenges, David J. Barron

Roger Williams University Law Review

No abstract provided.


Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski 2020 Roger Williams University School of Law Library

Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski

Roger Williams University Law Review

No abstract provided.


7 Podcasts For Lawyers Who Love True Crime, Nicole P. Dyszlewski 2020 Roger Williams University School of LAw

7 Podcasts For Lawyers Who Love True Crime, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


History Of The First Women Project, Nicole P. Dyszlewski 2020 Roger Williams University School of Law Library

History Of The First Women Project, Nicole P. Dyszlewski

Roger Williams University Law Review

No abstract provided.


Celebrating The First Women Lawyers In Rhode Island, Michael M. Bowden 2020 Roger Williams University School of Law

Celebrating The First Women Lawyers In Rhode Island, Michael M. Bowden

Roger Williams University Law Review

No abstract provided.


Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School of Law 2020 Roger Williams University

Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Book Review: Empire, Emergency, And International Law, Wadie E. Said 2020 University of Colorado Law School

Book Review: Empire, Emergency, And International Law, Wadie E. Said

Publications

No abstract provided.


Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux 2020 University of Colorado Law School

Procedural Law, The Supreme Court, And The Erosion Of Private Rights Enforcement, Suzette M. Malveaux

Publications

No abstract provided.


Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux 2020 University of Colorado Law School

Foreword, National Injunctions: What Does The Future Hold?, Suzette Malveaux

Publications

This Foreword is to the 27th Annual Ira C. Rothgerber Jr. Conference, National Injunctions: What Does the Future Hold?, which was hosted by The Byron R. White Center for the Study of American Constitutional Law at the University of Colorado Law School, on Apr. 5, 2019.


While The Water Is Stirring: Sojourner Truth As Proto-Agonist In The Fight For (Black) Women’S Rights, Lolita Buckner Inniss 2020 University of Colorado Law School

While The Water Is Stirring: Sojourner Truth As Proto-Agonist In The Fight For (Black) Women’S Rights, Lolita Buckner Inniss

Publications

This Essay argues for a greater understanding of Sojourner Truth’s little-discussed role as a proto-agonist (a marginalized, long-suffering forerunner as opposed to a protagonist, a highly celebrated central character) in the process that led up to the passage of the Nineteenth Amendment. Though the Nineteenth Amendment failed to deliver on its promise of suffrage for black women immediately after its enactment, black women were stalwarts in the fight for the Amendment and for women’s rights more broadly, well before the ratification of the Amendment and for many years after its passage. Women’s rights in general, and black women’s rights in …


From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji 2020 Touro Law Center

From Common Law To Constitution, Sanctioned Dispossession And Subjugation Through Otherization And Discriminatory Classification, Mobolaji Oladeji

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur 2020 Touro Law Center

Confessions, Convictions And Controversy: An Examination Of False Confessions Leading To Wrongful Convictions In The United States Throughout History, Kirandeep Kaur

Journal of Race, Gender, and Ethnicity

No abstract provided.


Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson 2020 University of Missouri - Kansas City, School of Law

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

Faculty Works

A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …


The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon 2020 New York Law School

The Injustice Of New York’S Notice Of Claim Limitations In Medical Malpractice Actions, Jessica Simon

NYLS Law Review

No abstract provided.


The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley 2020 New York Law School

The Constitutionality Of The Self-Pardon And Its Compatibility With Lockean Prerogative, Michael Kelley

NYLS Law Review

No abstract provided.


Grotheer V. Escape Adventures, Inc., Paisley Piasecki 2020 New York Law School

Grotheer V. Escape Adventures, Inc., Paisley Piasecki

NYLS Law Review

No abstract provided.


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