If the Civil War killed secession as a practical matter, the Fourteenth Amendment drove a stake through its heart as a constitutional matter. For Nineteenth Century Americans, citizenship involved both the citizen’s allegiance to the sovereign and the sovereign’s duty to protect the citizen’s rights. Lincoln and other Republicans believed that national citizenship was primary, while Southerners viewed state citizenship as the primary basis for allegiance. The first sentence of the Fourteenth Amendment confirms that national citizenship is primary and state citizenship is derivative; the privileges or immunities clause forbids state interference with the relationship between citizens and the federal government; and section 5 confirms congressional power to suppress any such state interference. In short, whatever might have been argued before the Civil War, the Fourteenth Amendment definitively resolved the secession issue.
{"title":"The Fourteenth Amendment and the Unconstitutionality of Secession","authors":"D. Farber","doi":"10.2139/SSRN.1862443","DOIUrl":"https://doi.org/10.2139/SSRN.1862443","url":null,"abstract":"If the Civil War killed secession as a practical matter, the Fourteenth Amendment drove a stake through its heart as a constitutional matter. For Nineteenth Century Americans, citizenship involved both the citizen’s allegiance to the sovereign and the sovereign’s duty to protect the citizen’s rights. Lincoln and other Republicans believed that national citizenship was primary, while Southerners viewed state citizenship as the primary basis for allegiance. The first sentence of the Fourteenth Amendment confirms that national citizenship is primary and state citizenship is derivative; the privileges or immunities clause forbids state interference with the relationship between citizens and the federal government; and section 5 confirms congressional power to suppress any such state interference. In short, whatever might have been argued before the Civil War, the Fourteenth Amendment definitively resolved the secession issue.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"45 1","pages":"479"},"PeriodicalIF":0.0,"publicationDate":"2012-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67764621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The study of modern transitional justice goes back to the Nuremberg Trials after World War II. Since these trials many different mechanisms have been attempted, including traditional trials, conditional amnesties and other trial like entities. Since post-genocide Rwanda attempted to incorporate a traditional dispute resolution mechanism into post-genocide reconstruction, there has been much interest in the incorporation of local tradition and norms into the transitional justice process. This type of local ownership has many advantages, but also, in the case of Rwanda, presented the problem of its general incompatibility with international fair trials norms. This paper represents an attempt to consolidate the two, creating a framework by which local traditions and norms can be inserted into transitional justice mechanisms while still respecting internationally recognized fair trial rights.
{"title":"Transitional Justice and Local Ownership: A Framework for the Protection of Human Rights","authors":"A. Friedman","doi":"10.2139/SSRN.1919874","DOIUrl":"https://doi.org/10.2139/SSRN.1919874","url":null,"abstract":"The study of modern transitional justice goes back to the Nuremberg Trials after World War II. Since these trials many different mechanisms have been attempted, including traditional trials, conditional amnesties and other trial like entities. Since post-genocide Rwanda attempted to incorporate a traditional dispute resolution mechanism into post-genocide reconstruction, there has been much interest in the incorporation of local tradition and norms into the transitional justice process. This type of local ownership has many advantages, but also, in the case of Rwanda, presented the problem of its general incompatibility with international fair trials norms. This paper represents an attempt to consolidate the two, creating a framework by which local traditions and norms can be inserted into transitional justice mechanisms while still respecting internationally recognized fair trial rights.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"46 1","pages":"4"},"PeriodicalIF":0.0,"publicationDate":"2011-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67787160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master's estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth's case also highlights those factors that distinguished indenture from life servitude - slavery in the mid seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry - English; her religion, Christian; and the inability to be enslaved for life that stems from the first two statuses. These factors, I argue, determined who was the equivalent of white in seventeenth century Virginia.
{"title":"Dangerous Woman: Elizabeth Key's Freedom Suit - Subjecthood and Racialized Identity in Seventeenth Century Colonial Virginia","authors":"T. L. Banks","doi":"10.2139/SSRN.672121","DOIUrl":"https://doi.org/10.2139/SSRN.672121","url":null,"abstract":"Elizabeth Key, an African-Anglo woman living in seventeenth century colonial Virginia sued for her freedom after being classified as a negro by the overseers of her late master's estate. Her lawsuit is one of the earliest freedom suits in the English colonies filed by a person with some African ancestry. Elizabeth's case also highlights those factors that distinguished indenture from life servitude - slavery in the mid seventeenth century. She succeeds in securing her freedom by crafting three interlinking legal arguments to demonstrate that she was a member of the colonial society in which she lived. Her evidence was her asserted ancestry - English; her religion, Christian; and the inability to be enslaved for life that stems from the first two statuses. These factors, I argue, determined who was the equivalent of white in seventeenth century Virginia.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"48 1","pages":"5"},"PeriodicalIF":0.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67792564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dr. Sam Sheppard was at the center of the highest profile crime in Ohio history. As the Ohio Supreme Court put it, the case contained "[m]urder and mystery, society, sex and suspense." Sheppard's conviction was overturned by the U.S. Supreme Court in a landmark 1966 ruling, but the controversy over the case continues to the present. The final legal chapter in the story may have been written with an unsuccessful wrongful-imprisonment lawsuit brought by the Sheppard estate in April 2000. This paper uses the long debate over the Sheppard case as a vehicle for exploring the concept of wrongful imprisonment. The main focus is on the Ohio wrongful-imprisonment statute, which has been described as among the most beneficent in the United States but which in operation has proven to be quite restrictive. The paper concludes by offering an alternative perspective on the idea of wrongful imprisonment, suggesting that the state has a moral if not a legal obligation toward those persons who have been erroneously convicted.
{"title":"Being the Government Means (Almost) Never Having to Say You’re Sorry: The Sam Sheppard Case and the Meaning of Wrongful Imprisonment","authors":"Jonathan L. Entin","doi":"10.2139/SSRN.573080","DOIUrl":"https://doi.org/10.2139/SSRN.573080","url":null,"abstract":"Dr. Sam Sheppard was at the center of the highest profile crime in Ohio history. As the Ohio Supreme Court put it, the case contained \"[m]urder and mystery, society, sex and suspense.\" Sheppard's conviction was overturned by the U.S. Supreme Court in a landmark 1966 ruling, but the controversy over the case continues to the present. The final legal chapter in the story may have been written with an unsuccessful wrongful-imprisonment lawsuit brought by the Sheppard estate in April 2000. This paper uses the long debate over the Sheppard case as a vehicle for exploring the concept of wrongful imprisonment. The main focus is on the Ohio wrongful-imprisonment statute, which has been described as among the most beneficent in the United States but which in operation has proven to be quite restrictive. The paper concludes by offering an alternative perspective on the idea of wrongful imprisonment, suggesting that the state has a moral if not a legal obligation toward those persons who have been erroneously convicted.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"44 1","pages":"5"},"PeriodicalIF":0.0,"publicationDate":"2004-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67766560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In light of the recent wave of corporate scandals, renewed focus has been placed upon instruction in ethics in undergraduate and graduate education. This article examines one component of the "infrastructure" for instruction in ethics in legal education, the law school's student conduct code. Particularly, this article looks at the role student conduct codes may play in the training of future ethical legal practitioners, as well as the implications that role has with regard to the content of student codes. After considering the purposes of professional codes generally, and the context of legal education particularly, the article concludes that while student conduct codes are likely to play only a modest role in the training of future ethical legal practitioners, there is nevertheless significant benefit to be gained from a student conduct code that fosters an environment of fair academic competition, and an environment in which the integrity and effectiveness of core academic functions such as assessment and feedback are preserved. Thus, the article recommends that law school conduct codes emphasize a regulatory function over possible educational and aspirational functions, and proposes particular substantive and procedural code provisions to help to serve that goal.
{"title":"What Should Law School Student Conduct Codes Do","authors":"Steven K. Berenson","doi":"10.2139/SSRN.529442","DOIUrl":"https://doi.org/10.2139/SSRN.529442","url":null,"abstract":"In light of the recent wave of corporate scandals, renewed focus has been placed upon instruction in ethics in undergraduate and graduate education. This article examines one component of the \"infrastructure\" for instruction in ethics in legal education, the law school's student conduct code. Particularly, this article looks at the role student conduct codes may play in the training of future ethical legal practitioners, as well as the implications that role has with regard to the content of student codes. After considering the purposes of professional codes generally, and the context of legal education particularly, the article concludes that while student conduct codes are likely to play only a modest role in the training of future ethical legal practitioners, there is nevertheless significant benefit to be gained from a student conduct code that fosters an environment of fair academic competition, and an environment in which the integrity and effectiveness of core academic functions such as assessment and feedback are preserved. Thus, the article recommends that law school conduct codes emphasize a regulatory function over possible educational and aspirational functions, and proposes particular substantive and procedural code provisions to help to serve that goal.","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"38 1","pages":"8"},"PeriodicalIF":0.0,"publicationDate":"2004-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67758754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Krischer v. McIver: avoiding the dangers of assisted suicide.","authors":"E R Ace","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"32 4","pages":"723-45"},"PeriodicalIF":0.0,"publicationDate":"1999-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"24047999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Historical Review of Affirmative Action and the Interpretation of Its Legislative Intent by the Supreme Court","authors":"Brody, E. Carl","doi":"10.4324/9781315053592-7","DOIUrl":"https://doi.org/10.4324/9781315053592-7","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"84 1","pages":"6"},"PeriodicalIF":0.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70625215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1992-01-01DOI: 10.1007/978-1-349-12498-5_8
S. Nagel
{"title":"Computer-Aided Law Decisions","authors":"S. Nagel","doi":"10.1007/978-1-349-12498-5_8","DOIUrl":"https://doi.org/10.1007/978-1-349-12498-5_8","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"21 1","pages":"104-128"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"51743476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
S R Martyn, J E Reagan, B Minogue, D L Dippel, M R Schimer, R Taraszewski
{"title":"Redrafting Ohio's advance directive laws.","authors":"S R Martyn, J E Reagan, B Minogue, D L Dippel, M R Schimer, R Taraszewski","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"26 2","pages":"229-92"},"PeriodicalIF":0.0,"publicationDate":"1992-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25879850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Fetal interests vs. maternal rights: is the state going too far?","authors":"R M Trindel","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":80399,"journal":{"name":"Akron law review","volume":"24 3-4","pages":"743-62"},"PeriodicalIF":0.0,"publicationDate":"1991-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25676746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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