Zinos on Fundamental Rights in Early American Case Law: 1789-1859

Nicholas Zinos, Mitchell Hamline School of Law, is publishing Fundamental Rights in Early American Case Law: 1789-1859 in volume 7 of the British Journal of American Legal Studies (2018). Here is the abstract. Fundamental Rights Law is a ubiquitous feature of modern American jurisprudence. Where did the term “Fundamental Rights” come from, and how was it applied in early American case law? This article outlines the genesis of fundamental rights law in early 17th century England and how this law developed and was applied over time. The English Bill of…

Shaviro on Gilded Age Literature and Inequality @DanielShaviro

Daniel Shaviro, New York University School of Law, has published Gilded Age Literature and Inequality. Here is the abstract. We are an intensely social species, and often a rivalrous one, prone to measuring ourselves in terms of others, and often directly against others. Accordingly, relative position matters to our sense of wellbeing, although excluded from standard economic models that look only at the utility derived from own consumption of commodities plus leisure. For example, people can have deep-seated psychological responses to inequality and social hierarchy, creating the potential for extreme…

Mirow on Spanish Law and Its Expansion

M. C. Mirow, Florida International University, College of Law, is publishing Spanish Law and Its Expansion in the Oxford Handbook of European Legal History (Pihlajamäki, Dubber & Godfrey, eds., Oxford: Oxford University Press, 2018) (Forthcoming). Here is the abstract. This chapter provides an overview of the legal aspects of Spain’s enterprise in the Americas. It addresses the uses of law in discovery, exploration and conquest; Castilian law before its expansion to new territories; the use of law to justify conquest; slavery and indigenous labour; institutions; sources of law; legal actors;…

Coming Out of the Conundrum Unscathed

Whether it is a thought out choice or a decision made out of circumstantial compulsion, divorces are certainly not easy on either party. Past and present emotions and feelings of disillusionment and anger, can greatly cloud your decisions and sense of judgment. It is not only the spouses that suffer through the separation process, but the children who feel the loss of a stronghold, as their entire world starts crumbling around them. In these circumstances, it is absolutely necessary to seek out a support system that is strong, understanding and…

Benefits of Hiring a Divorce Lawyer

The stress a divorce brings on a couple and their family is very immense. Although finding a good divorce lawyer can bring added stress to the situation, in the end this could be one of the most beneficial decisions you make in your divorce process. A professional divorce lawyer can help you in more ways than you probably think because they understand how just difficult this time is for you the best way to navigate through the difficult process. Here are a few ways that hiring a divorce lawyer can…

English Law

English law is practised worldwide as many legal systems are based on English Common Law. Over the years, countries have modified this to reflect their needs but its influence is still evident within the legal policies and traditions of many countries, including several American States. There are countries which have steadfastly adhered to English legal traditions and they have retained the Privy Council in London as their ultimate Court of Appeal. Others have replaced wigs and gowns with more modern attire, legal terminology have been replaced by plain terms and…

Nijman on Seeking Change By Doing History

Janne Elisabeth Nijman, T. M. C. Asser Institut, Amsterdam Center for International Law, University of Amsterdam, has published Seeking Change by Doing History (2018). Here is the abstract. In her Inaugural Lecture Janne E. Nijman explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. A new sub-field has thus emerged: ‘History and Theory of International Law’. Nijman contextualises this development and stages three possible approaches of why and…

Maillard on Hollywood Loving @noblemaillard

Kevin Noble Maillard, Syracuse University College of Law, is publishing Hollywood Loving in volume 86 of the Fordham Law Review (2018). Here is the abstract. In this Essay, I highlight how nongovernmental entities establish political, moral, and sexual standards through visual media, which powerfully underscores and expresses human behavior. Through the Motion Picture Production Code (the “Hays Code”) and the Code of Practices for Television Broadcasters (the “TV Code”), Americans viewed entertainment as a pre-mediated, engineered world that existed outside of claims of censorship and propaganda. This Essay critically examines…

ABA Announces Silver Gavel Awards Winners For 2018 @ABAesq

The American Bar Association has announced the winners of the 2018 Silver Gavel Awards for Media and the Arts. BOOKS Silver Gavel: Unwarranted: Policing Without Permission, by Barry Friedman.Honorable Mention: In Praise of Litigation, by Alexandra Lahav. DOCUMENTARIESSilver Gavel: And Then They Came for Us, by Ginzberg Productions.Honorable Mention: They Call Us Monsters, by BMP Films. DRAMA & LITERATURESilver Gavel: Marshall, directed and produced by Reginald Hudlin. NEWSPAPERSSilver Gavel: “Death-Penalty Defense Drama at Guantánamo War Court,” featured in the Miami Herald.Honorable Mention: “Secrecy Rules,” featured in the Star Tribune of Minneapolis, Minnesota. RADIOSilver Gavel: Breakdown Season 6:…

Goold on the Lost Tort of Moral Rights Invasion @harvard_law

Patrick Russell Goold, Harvard Law School, is publishing The Lost Tort of Moral Rights Invasion in the Akron Law review. Here is the abstract. Moral rights are often portrayed as an unwelcome import into U.S. law. During the nineteenth century, European lawmakers, influenced by personality theories of authorship, began granting authors rights of attribution and integrity. However, while these rights proliferated in Europe and international copyright treaties, they were not adopted in the United States. According to a common historical narrative, U.S. courts and lawmakers resisted moral rights because they…