• Schwartz on May 30, 1787 @WisconsinLaw

    Updated: 2024-04-30 15:02:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 30, 2024 Schwartz on May 30, 1787 WisconsinLaw David S . Schwartz , University of Wisconsin Law School , has published May 30, 1787 as Univ . of Wisconsin Legal Studies Research Paper No . 1801. Here is the abstract . In Federalist 39, James Madison characterized the proposed Constitution as partly national , and partly federal . The federalism debates that have dominated constitutional law and politics from the beginning of the republic to the present play out the tensions between , and relative weights of , these national and federal elements . The history of U.S . constitutional politics is one in which the nationalism of the Philadelphia Convention was rhetorically

  • Delgado on The Utopian Liberal: Continuity and Change in the Thought of Charles Sumner

    Updated: 2024-04-26 14:56:00
    : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 26, 2024 Delgado on The Utopian Liberal : Continuity and Change in the Thought of Charles Sumner Sebastian Delgado , Cambridge University , is publishing The Utopian Liberal : Continuity and Change in the Thought of Charles Sumner in volume 6 of the Law and History Review July 2023 Here is the abstract . Charles Sumner cannot be accused of having an unwarranted consideration for the virtues of consistency . The New Englander Sumner of the 1840s advocated for sectionalist interests so long as they provided a strong counter to the Southern warmongering and slave-owning desires , while the nationalist Sumner of the 1850s championed the federal government as far as it committed

  • Davis on Property, Wills, & Estates in The Count of Monte Cristo: A Comparison Between the Napoleonic Code & Mississippi Law

    Updated: 2024-04-24 17:15:00
    : , , : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 24, 2024 Davis on Property , Wills , Estates in The Count of Monte Cristo : A Comparison Between the Napoleonic Code Mississippi Law William Davis has published Property , Wills , Estates in The Count of Monte Cristo : A Comparison Between the Napoleonic Code Mississippi Law Here is the abstract . In the literary classic The Count of Monte Cristo , the hero inherits a treasure after escaping the prison in which he was wrongly confined . The central question this comment seeks to answer is , Was this inheritance transfer legal From this starting point , two different legal regimes are analyzed . Beginning with a discussion of the Napoleonic Code in force at the time of both

  • Sherwin on Chorological Jurisprudence and Liberal Democratic Flourishing @RKSherwin @NYLawSchool

    Updated: 2024-04-24 17:10:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 24, 2024 Sherwin on Chorological Jurisprudence and Liberal Democratic Flourishing RKSherwin NYLawSchool Richard K . Sherwin , New York Law School , has published Chorological Jurisprudence and Liberal Democratic Flourishing as NYLS Legal Studies Research Paper No . 4764287. Here is the abstract . These days , it is difficult not to be preoccupied with calamity . Profound crises surround us on many fronts : climate change and ecological catastrophe , the dark shadow of viral pandemics , and dire threats to liberal democracy and the rule of law . In dark times , paralysis and despair can pull us further into the dark . To make our way back to the light we need to marshal every

  • Sichelman on The Mathematical Structure of the Law @tedsichelman @USanDiegoLaw

    Updated: 2024-04-22 14:00:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 22, 2024 Sichelman on The Mathematical Structure of the Law tedsichelman USanDiegoLaw Ted M . Sichelman , University of San Diego School of Law , has published The Mathematical Structure of the Law Here is the abstract . Scientific law” and human-made law social law” are both laws” in a very general sense—scientific laws govern” the workings of the material world and social laws govern the behavior of people . Beyond this superficial resemblance , do social laws partake of the same sorts of mathematical structures as scientific laws Many theorists have proposed formal deontic-oriented logical models of legal rights and other entitlements . Here , leveraging the formalism of

  • Ryu on How Reasons Make Law

    Updated: 2024-04-18 13:33:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 18, 2024 Ryu on How Reasons Make Law Angelo Ryu , University of Oxford , Saint John's College , is publishing How Reasons Make Law in the Oxford Journal of Legal Studies . Here is the abstract . According to legal anti-positivism , legal duties are just a subset of our moral duties . Not every moral duty , though , is legal . So what else is needed This article develops a theory of how moral duties come to be law , which I call the constitutive reasons account . Among our moral reasons are legal reasons—and those reasons make moral duties into legal duties . So the law consists of moral duties which have , as one of their underlying reasons , a legal reason . Such legal reasons

  • Brooks and Gamage on The Original Meaning of the Sixteenth Amendment @FordhamLawNYC @davidsgamage

    Updated: 2024-04-15 16:49:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 15, 2024 Brooks and Gamage on The Original Meaning of the Sixteenth Amendment FordhamLawNYC davidsgamage John R . Brooks , Fordham University School of Law , and David Gamage , University of Missouri School of Law , are publishing The Original Meaning of the Sixteenth Amendment in the Washington University Law Review . Here is the abstract . The Sixteenth Amendment to the United States Constitution enshrines Congress’s power to lay and collect taxes on incomes , from whatever source derived . 8221 Challenges to the exercise of that power have typically turned on whether the thing being taxed is income” or not . In the most recent example , the 2023 Supreme Court case of Moore v

  • Ristuccia on "Dangerous to the Liberties of a Free People": Secret Societies and the Right to Assemble

    Updated: 2024-04-11 20:30:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 11, 2024 Ristuccia on Dangerous to the Liberties of a Free People Secret Societies and the Right to Assemble Nathan Ristuccia , Institute for Free Speech , is publishing Dangerous to the Liberties of a Free People' : Secret Societies and the Right to Assemble in volume 4 of the Journal of Free Speech Law . Here is the abstract . Americans in the eighteenth and nineteenth centuries often feared that secret assembly threatened republican government . Oath-bound secret societies were allegedly elitist cabals that would establish an imperium in imperio oppressive to ordinary citizens . Yet despite this hostility , many early Americans also insisted that freedom of assembly included

  • Keay, Inwood, and Long on Institutional Change and Criminal Sentencing on the Frontier: Evidence from British Columbia's Jails, 1864-1913 @kris_inwood

    Updated: 2024-04-11 20:25:00
    : , , : , skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 11, 2024 Keay , Inwood , and Long on Institutional Change and Criminal Sentencing on the Frontier : Evidence from British Columbia's Jails , 1864-1913 kris_inwood Ian Keay , Queen's University , Department of Economics , Kris Inwood , University of Guelph , Department of Economics , and Blair Long , Cape Breton University have published Institutional Change and Criminal Sentencing on the Frontier : Evidence from British Columbia's Jails , 1864-1913 Here is the abstract . In this paper we document the effect of transformative institutional change on criminal sentencing in a frontier environment . New historical evidence digitized from British Columbia’s BC prison

  • Syed on Legal Realism and CLS from an LPE Perspective @BerkeleyLaw

    Updated: 2024-04-08 14:18:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 8, 2024 Syed on Legal Realism and CLS from an LPE Perspective BerkeleyLaw Talha Syed , University of California , Berkeley , Law , has published Legal Realism and CLS from an LPE Perspective Here is the abstract . What is the role of law in political economy And what is the role of political economy in law And in both cases , when we speak of law” and political economy , 8221 are we speaking of academic disciplines or social realities This tangle of questions constitutes , I take it , the orienting research agenda of the emerging law and political economy” movement in legal academia . Questions concerning not so much the interaction as the interrelation of law and political

  • Bernick on Horrifying Jurisprudence @NIU_Law

    Updated: 2024-04-04 02:49:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 3, 2024 Bernick on Horrifying Jurisprudence NIU_Law Evan D . Bernick , Northern Illinois University College of Law , has published Horrifying Jurisprudence as a Northern Illinois University College of Law Legal Studies Research Paper . Here is the abstract . This Essay uses the horror video game Alan Wake 2 as a jumping-off point to discuss and critique horrifying jurisprudence—accounts of law that evoke the emotion of horror . By centering on a horror writer whose storytelling shapes the real world , Alan Wake 2 invites analogies to legal interpretation . Legal interpretation often involves storytelling and produces real-life horrors . No legal philosopher captures the

  • Literature and Laws: Online Symposium, April 13, 2024: Bournemouth University

    Updated: 2024-04-03 13:51:00
    : : , : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture April 3, 2024 Literature and Laws : Online Symposium , April 13, 2024 : Bournemouth University News of an interesting online : symposium From Julia Round , Associate Professor of English and Comics Studies , Head of the Narrative , Culture and Community Research Centre , Bournemouth University Literatures and Laws' Online Symposium on April 13th , 10 am to 5.15 pm . nbsp The registration link is : here https : www.eventbrite.co.uk e literatures-and-laws-online-symposium-tickets-873226523037 aff=oddtdtcreator The Zoom link for the event should be in the confirmation . email and the programme is available : here https : www.bournemouth.ac.uk research centres-institutes

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