admiralty law, antitrust trade law, energy utilities law, governments, and real property law
From the titles of these books, you might not guess that they are both about rivers. The first, not surprisingly, is about the Amazon. The second is about the Merrimack. The what? Yes, that's right, the Merrimack, and an important river it was, too, in its day. Theodore Steinberg's 1 fascinating new book is one of a growing number of environmental histories, following the trail marked out in such wonderful studies as William Cronon's Changes in the Land 2 about the New England colonies' evolving environment, or Arthur McEvoy's The Fisherman's Problem 3 on the succession of fishing ecologies of California. In the Merrimack, Steinberg has located exactly the right river to take up the environmental issues lurking behind early nineteenth-century industrial development. For infrastructure fans like this reviewer, Nature Incorporated will be a tremendously exciting book, full of news about such things as flashboards and fishladders and water company organization. Even to less fervid devourers of this kind of information, the book will clearly send a message about why the Merrimack is still important: it provides an objective lesson on what can happen to the surrounding environment when people set out to develop just one natural resource and do not think about the others. In the case of the Merrimack, that resource was water power. Most of Steinberg's book concerns the way the Merrimack was effectively colonized by a group of New England entrepreneurs known collectively as Boston Associates, who were primarily interested in the river's ability ...
business corporate law, contracts law, criminal law procedure, estate, gift trust law, family law, governments, and real property law
"... with all my worldly goods I thee endow" 1 I. Introduction A businessman calls up his lawyer. "I'm thinking about starting a partnership with this fellow," he begins. "We want to take advantage of the new craze for men's cosmetics, and we've found a great spot downtown for the store. Here's the way we want it to work. We will both devote all of our efforts and energies solely to the promotion of this business, and we'll both invest all money we make, from whatever source, into the business, at least for awhile, anyway. Sometimes he'll be providing more money, and I will be providing more effort in the way of sweat equity, and sometimes it will be the other way around." "All right," the lawyer nods, thinking of the many issues that will have to be addressed, and deciding to start with one of the most important. "Who will decide how the business will be run? How the money will be spent? What equipment and inventory will be bought? How profits will be distributed or reinvested?" "Well," thought the man, "I guess that whichever one of us felt like doing something, like buying inventory, or setting prices, or reinvesting the profits, well I guess he'd just do it." "Just do it!" the lawyer exclaims. "Independently? Without consulting the other?" "Well, maybe for really big decisions, like selling the whole business, but otherwise, yes, whoever felt like doing something with the partnership's stuff would just do it." 2 Few ...
civil rights law, constitutional law, contracts law, education law, governments, international law, labor employment law, public health welfare law, and real property law
Introduction Imagine complete frustration. You have been advocating for a school redistricting policy that allows redistricting officials to take race into account in an effort to combat the negative effects of de facto segregation in the local school system. Your organization has been lobbying the local government to implement this policy, and although the campaign has had its share of setbacks, it has recently paid off: the school board has voted yes. But now, before the policy has even been implemented, you receive word that your opponents have placed an initiative on the next statewide election's ballot that will reverse your victory. You and your opponents both know that most state residents opposed the board's decision and that the initiative will almost certainly pass. To reverse its passage, you would have to somehow convince the same electorate that overwhelmingly reversed your policy that they were completely incorrect - a nearly insurmountable burden. You believe your opponents are motivated by a desire to shackle minority interests in the political process but cannot prove it because the initiative's text is neutral on its face, simply touting the benefits of a colorblind society. Thus, your legal counsel tells you, a conventional equal protection challenge will likely fail; to invalidate a facially neutral law, courts must find that the law was passed "because of" an intent to hurt minorities. This standard is always hard to meet, and it's even harder here because it's particularly difficult to impute a single intent to an entire electorate ...
civil procedure, constitutional law, criminal law procedure, and education law
As I stand here and look out upon the thousands of Negro faces, and the thousands of white faces, intermingled like the waters of a river, I see only one face - the face of the future. Yes; as I gaze upon this great historic assembly, this unprecedented gathering of young people, I cannot help thinking - that a hundred years from now the historians will be calling this not the "beat" generation, but the generation of integration. Martin Luther King, Jr. 1 I. Introduction Since our country's inception, few societal or constitutional issues have remained as pervasive and politically charged, for so long a period, as the issue of racial segregation. An example of government action that classifies people by race, but purports not to disadvantage minorities, segregation refers to the "unconstitutional policy and practice of separating people on the basis of color, nationality, religion, etc. in housing and schooling." 2 Although members of every minority group in this country have suffered from various forms of discrimination at the hands of a society dominated by whites, the purpose of this Comment is to focus specifically on issues of racial separation as they relate to the public schooling of African-Americans. Prior to a detailed analysis of certain issues interwoven with the concept of school desegregation, including de jure segregation, 3 de facto segregation, 4 forced integration, 5 and the policies underlying school reform, Part II of this Comment briefly introduces the process undertaken by ...
Chicano-Latino Law Review, 1998/04/01, Vol: 19, p449
contracts law, criminal law procedure, education law, and labor employment law
In my office at the St. Mary's University School of Law in San Antonio, Texas, I have a reprint of an original work by Morales 1 which depicts a beaten and battered young, Latino male wearing a white tank top and sporting several tattoos, open wounds and scars. His hair is disheveled and his eyes look very tired. Emblazoned and superimposed on his chest and his white tank top is the image of the Virgen de Guadalupe, the patron saint of Mexico. 2 Across the bottom of her image are the following words: "Perdoname Virgencita" ["Forgive me, Virgin"]. I bought the poster and had it framed and mounted for my office because of the powerful symbolism which the work's images have for me. Here is a down and out young cholo/pachuco 3 who probably never or rarely attends church, but has nevertheless had notions of Catholicism so ingrained in him that he still seeks forgiveness from the Virgen de Guadalupe. When people enter my office and view the framed print, they often ask whether I personally know the individual depicted. My response is somewhat loaded. I typically respond yes, I know the individual, because he is every Chicano that I grew up with. Of my high school graduating class in Lubbock, Texas, which included approximately 175 Mexican-American males in a predominantly Mexican-American high school, I am to date the only Latino that I am aware of that has obtained a college degree. 4 My Latino high school classmates ...
Lewis & Clark Law Review, 2012/10/01, Vol: 16, p827
civil procedure, constitutional law, governments, and international law
I. INTRODUCTION For 20 years, the Supreme Court allowed the law of personal jurisdiction to fester as lower courts and commentators struggled to make sense of cases such as Asahi Metal Industry Co. v. Superior Court, 1 Burnham v. Superior Court, 2 and Helicopteros Nacionales de Colombia, S.A. v. Hall. 3 Asahi and Burnham, which addressed specific personal jurisdiction, displayed a fractured court, with no opinion able to achieve a coherent majority on important questions about the meaning and application of the minimum-contacts test. Although the Court managed to produce a majority opinion in Helicopteros on the issue of general personal jurisdiction, its analysis was sketchy and unhelpful. Thus, the Court's announcement that it would hear two personal jurisdiction cases in the 2010 Term - one on general jurisdiction and one on specific jurisdiction - raised the possibility that it would impose some order on this often vexing area of doctrine. When the Court handed down its decisions, however, the response was understandably mixed. In one of the cases - Goodyear Dunlop Tires Operations, S.A. v. Brown 4 - the Court produced a unanimous opinion that improves on Helicopteros, even as it (perhaps inevitably) raises serious questions of its own. For example, is a corporation that has significant operations in multiple states really only subject to general personal jurisdiction where it is "at home"? 5 The answer to that question appears to be yes, but then how many "homes" can a corporation have? 6 Fully developed answers to ...