Restoring the State's Power to Defame: The Legal Life of Character in the Era of Roosevelt and Trump

2020 ◽  
pp. 1-28
Author(s):  
JAMES B. SALAZAR
Keyword(s):  
Comparative Analysis ◽  
Moral Character ◽  
Theodore Roosevelt ◽  
Ethnic Exclusion ◽  
American Law ◽  
The Law ◽  
Legal Judgments ◽  
Libel Law

While the abstract equality of citizens before the law is imagined as protection from arbitrary, subjective legal judgments of an individual's character, I argue that judgments of character play a pivotal yet unexamined role regulating access to citizenship in American law. Through a comparative analysis of President Trump and President Theodore Roosevelt, I show how their seemingly personal obsession with libel law reveals a deeper interest in consolidating the state's power as sole arbiter of character in order to weaponize the “good moral character” requirement in immigration and naturalization law as an instrument of racial and ethnic exclusion.

Administrative Reforms In The Republic Of Uzbekistan: Some Problems And Prospects

2020 ◽  
Vol 02 (12) ◽  
pp. 1-4
Author(s):  
Zoilboev Javlon Karimjon O‘G‘Li ◽  
Keyword(s):  
Comparative Analysis ◽  
Administrative Reforms ◽  
State Management ◽  
Administrative Procedures ◽  
The Law ◽  
The Republic

In this article analyzes the reforms carried out in the spheres of the system of state management bodies of the Republic of Uzbekistan, the system of administrative bodies and administrative bodies in recent years. The article also provides a comparative analysis of the new administrative-legal relations, problems and mistakes made after the adoption of the law of the Republic of Uzbekistan “On administrative procedures”, and made prospective suggestions.

The Common Law in Colonial America

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
New York ◽  
Colonial America ◽  
Main Theme ◽  
Revolutionary Movement ◽  
American Colonies ◽  
American Law ◽  
Fourth Volume ◽  
The Law ◽  
Substantive Law ◽  
The Revolution

This volume begins where volumes 2 and 3 ended. The main theme of the four-volume project is that the law of America’s thirteen colonies differed profoundly when they first were founded, but had developed into a common American law by the time of the Revolution. This fourth volume focuses on what was common to the law of Britain’s thirteen North American colonies in the mid-eighteenth century, although it also takes important differences into account. The first five chapters examine procedural and substantive law in colonies and conclude that, except in North Carolina and northern New York, the legal system functioned effectively in the interests both of Great Britain and of colonial localities. The next three chapters examine changes in law and the constitution beginning with the Zenger case in 1735—changes that ultimately culminated in independence. These chapters show how lawyers became leading figures in what gradually became a revolutionary movement. It also shows how lawyers used legal and constitutional ideology in the interests, sometimes of an economic character, of their clients. The book thereby engages prior scholarship, especially that of Bernard Bailyn and John Phillip Reid, to show how ideas and constitutional values possessed independent causal significance in leading up to the Revolution but also served to protect institutional structures and socioeconomic interests that likewise possessed causal significance.

Jesus' Legal Theory—A Rabbinic Reading

2007 ◽  
Vol 23 (1) ◽  
pp. 97-130 ◽  
Author(s):  
Chaim Saiman
Keyword(s):  
New York ◽  
Legal Theory ◽  
New York Times ◽  
Past Century ◽  
Politics And Religion ◽  
The Supreme Court ◽  
American Law ◽  
The Law ◽  
Political Philosopher ◽  
President Bush

These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian Christian convictions. Though we pledge to be one nation under God, a recent characterization of the law and religion discourse sees America as two sub-nations divided by God. Moreover, debate concerning the intersection between law, politics and religion has moved from the law reviews to the New York Times Sunday Magazine, which has published over twenty feature-length articles on these issues since President Bush took office in 2001. Today, more than anytime in the past century, the ideas of an itinerant first-century preacher from Bethlehem are relevant to American law.

The Defence of “Change of Position” in English and German Law of Unjust Enrichment

2004 ◽  
Vol 5 (1) ◽  
pp. 23-46
Author(s):  
Florian Mächtel
Keyword(s):  
German Law ◽  
The Other ◽  
Unjust Enrichment ◽  
American Law ◽  
The Law

In its § 142(1) theAmerican Restatement of the Law of Restitutionprovides that “[t]he right of a person to restitution from another because of a benefit received is terminated or diminished if, after the receipt of the benefit, circumstances have so changed that it would be inequitable to require the other to make full restitution.” The notion that the recipient of an unjustified benefit must in principle return not more than the enrichment that has actually “survived” in his hands, is not only fundamental to the American law of restitution, but can also be found in English and German law.

English Foundations of American Law, 1500s–1776

2018 ◽  
pp. 48-74
Author(s):  
John B. Nann ◽  
Morris L. Cohen
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Case Law ◽  
Case Finding ◽  
Colonial Period ◽  
Legal Issue ◽  
Good Case ◽  
American Law ◽  
English Law ◽  
The Law

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and eighteenth centuries might have used. Before researchers can find the law, they must know what was considered to be the source of law in the period being investigated. Reporting, publishing, and finding cases has been important in English law for centuries. Parliamentary enactments during the colonial period also play an important part in the framework surrounding any particular legal issue. Meanwhile, English law is built on a foundation of common law, which is built on case law. As such, finding cases that relate to a particular topic is critical in research. A good case-finding option is a digest of cases; these have been written over the centuries, as have abridgments and treatises on particular areas of law.

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