Category Archives: Legal Theory

Greenlead, Chung, and Mowbray on the Launch of the Foundations of the Common Law Library (1215-1914) @grahamgreenleaf

Graham Greenleaf, University of New South Wales, Faculty of Law, Philip Chung, University of New South Wales, Faculty of Law, and Andrew Mowbray, University of Technology Sydney, Faculty of Law have published Speaking Notes: Launch of the Foundations of the Common Law Library (1215-1914), IALS, University of London, 3 October 2018. Here is the abstract. It is now more than 800 years since the Magna Carta of 1215, soon after which English law started to document its history. In some ex-colonies of the British Empire, the common law has been part of their legal history for over 200 years. This presentation sets out the background to the Foundations of the Common Law Library (1215-1914), and the launch of a free access Prototype of the Library. This project is based on collaboration between thirteen free access Legal Information Institutes (LIIs) from across the common law world. Their pre-1915 content is now searchable from one location on the Commonwealth Legal Information….. To continue reading this legal news please click Read full information...

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Shineman on Racial Animus & Felon Voting Rights

Victoria Shineman (University of Pittsburgh) has posted Racial Animus Is Decreasing Support for the Voting Rights of Citizens with Felony Convictions on SSRN.  Here is the abstract: Felon disenfranchisement laws disproportionately affect poor and minority populations. Using data from an original module in the 2013 Congressional Cooperative Election Study, this study demonstrates that negative racial attitudes are decreasing support for the voting rights of citizens with felony convictions. The results find that Non-Hispanic Whites with greater racial animus are less supportive of allowing citizens with felony convictions to vote, despite the ostensibly race-neutral nature of the policy. The effects of racial attitudes on public opinion are strongest when the citizen was convicted of stereotypical Black crimes, compared to stereotypical White crimes. Racial animus also make individuals less likely to be persuaded by arguments in favor of voting rights, and more….. To continue reading this legal news please click Read full information...

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Westen on Unknowing Self-Defense

Peter K. Westen (University of Michigan Law School) has posted Unwitting Justification (San Diego Law Review, Vol. 55, No. 2, 2018) on SSRN.  Here is the abstract: An assailant is on the verge of shooting a hated rival, Jones, when Jones, oblivious to the attack, decides in that instant to kill his assailant, thereby becoming what commentators call an “unknowing self-defender” or “unwittingly justified actor.” Under the terms of the Model Penal Code Jones is at the very least guilty of an impossibility attempt because he satisfies all the elements of attempted murder under the Code. The question that has divided commentators since George Fletcher and Paul Robinson’s debate it in the 1970s is whether Jones is also guilty of the completed crime of murder and whether the latter is the more appropriate charge. Anthony Duff, for one, has said that the debate seems “irresoluble.” The debate is, indeed, irresoluble but only so….. To continue reading this legal news please click Read full information...

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Shoemaker on Indigenous Land Tenures

Jessica A. Shoemaker (University of Nebraska – College of Law) has posted Transforming Property: Reclaiming Modern Indigenous Land Tenures (California Law Review, Forthcoming) on SSRN.  Here is the abstract: This Article challenges existing narratives about the future of American Indian land tenure. The current highly-federalized system for reservation property is deeply problematic. In particular, the trust status of many reservation lands is expensive, bureaucratic, controlling, and linked to persistent poverty in many reservation communities. Yet, for complex reasons, trust property has proven largely immune from fundamental reform. Today, there seem to be two primary options floated for the future: a “do the best with what we have” approach that largely accepts core problems with trust, perhaps with some minor efficiency-oriented tinkering, for the sake of the benefits and security it does provide, or a return to old, already-failed reform….. To continue reading this legal news please click Read full information...

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Democrats Are Emerging As Party of the Rich

I’d settle for an end to what seems like the constant vilification of “millionaires and billionaires.” Or simply a recognition that, as a professor of political science at Williams College, Darrel Paul, put it after analyzing wealthy congressional districts, “the big story of the 2018 election is the swing of the rich toward the Democrats.” via www.nysun.com.. To continue reading this legal news please click Read full information...

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