LSN Legal History eJournal, Vol. 23 No. 25, 04/15/2019

if this message does not display correctly, click here LEGAL HISTORY eJOURNAL Vol. 23, No. 25: Apr 15, 2019 REVA B. SIEGEL, EDITOR Nicholas deB. Katzenbach Professor of Law, Yale University - Law School , University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group reva.siegel@yale.edu Browse ALL abstracts for this journal   Links: Subscribe ~ Unsubscribe | Distribution | Network Directors | Advisory Board | Submit ~ Revise Your Papers Table of Contents Discovery and the Social Benefits of Private Litigation Paul J. Stancil, Brigham Young University, J. Reuben Clark Law School The Development of the Continental Rule through Law Nadia E. Nedzel, Southern University Law Center System, Order, and History as a Conceptual Repository in International Law Alexis Galan, Goethe University Frankfurt - Cluster of Excellence Normative Orders Convergence and the Colonization of Custom in Pre-modern Europe Emily Kadens, Northwestern University School of Law The Trans-Atlantic Slave Trade: European Corporations, the Papacy and the Issue of Reparations Patricia M. Muhammad, Independent Bound by Oath: Andrew Johnson's Veto of the Tenure of Office Act Michael Schearer, Liberty University, Department of History, Students ^top LEGAL HISTORY eJOURNAL "Discovery and the Social Benefits of Private Litigation"  71 Vanderbilt Law Review 2171 2018 BYU Law Research Paper No. 19-10 PAUL J. STANCIL, Brigham Young University, J. Reuben Clark Law School Email: stancilp@law.byu.edu In Part I of the Article, I explore the extent to which it is possible to identify the social goals of private litigation and to measure the impact of various approaches to civil litigation against those goals. In Part II of the Article, I briefly consider historical claims that the ethos of 1920s and 1930s federal law reform supports a liberal, Progressivism-influenced understanding of congressional intent in its passage of the Rules Enabling Act and its approval of the initial version of the Federal Rules of Civil Procedure. Part III analyzes the prescriptive implications of recent empirical research suggesting that Congress enacts more statutes incorporating express private rights of action ("EPRAs") during times of divided government. In Part IV, I complete my analysis by exploring a dynamic curiously absent from progressive commentators' "social benefits of discovery" calculus: the social costs of discovery. Part V concludes by offering some preliminary thoughts on the future of discovery as a tool for social change. "The Development of the Continental Rule through Law"  Forthcoming in Rule of Law, Economic Development, and Corporate Governance Center for the History of Political Economy at Duke University Working Paper Series, CHOPE Working Paper No. 2019-06 NADIA E. NEDZEL, Southern University Law Center Email: nnedzel@sulc.edu This will be the third chapter in a forthcoming book on the Rule of Law, Economic Development, and Corporate Governance. The first chapter will introduce the book's themes and theses, the second (already on SSRN) gives the history of the development of the English concept of the Rule of Law, and this chapter discusses the development of the similar civil law concept, the Rule through law, otherwise known as Rechtsstaat. "System, Order, and History as a Conceptual Repository in International Law"  Forthcoming, Modern Law Review ALEXIS GALAN, Goethe University Frankfurt - Cluster of Excellence Normative Orders Email: alexis.galan@eui.eu Review article of S. Kadelbach, S. Kleinlein, and D. Roth-Isigkeit (eds), System, Order, and International Law-The Early History of International Legal Thought from Machiavelli to Hegel (OUP, 2017). The article addresses the overarching themes of the edited volume. In particular, it discusses the methodological concerns of drawing from past 'international lawyers' in order to deal with current problems. "Convergence and the Colonization of Custom in Pre-modern Europe"  Emily Kadens, Convergence and the Colonization of Custom in Pre-modern Europe, in COMPARATIVE LEGAL HISTORY 167 (Olivier Moreteau & Kjell Modeer, eds., 2019). EMILY KADENS, Northwestern University School of Law Email: kadens@law.northwestern.edu This paper argues that once men trained in the learned laws during the Middle Ages, they could no longer conceive of custom in the traditional manner, but rewrote the narrative of custom to fit into the framework of law established by the Roman law. "The Trans-Atlantic Slave Trade: European Corporations, the Papacy and the Issue of Reparations"  Willamette Journal of International Law and Dispute Resolution, Vol. 26, No. 1, 2018 PATRICIA M. MUHAMMAD, Independent Email: patricia_muhammad@yahoo.com The Trans-Atlantic Atlantic slave trade's legal institution from a regional economic practice into an international financial market originated from Papal grants initiated during the 16th century. Territories and nation states party to this grant referred to it as the Asiento, as later affirmed by international custom and bilateral treaties.1 This article will discuss the origins of the Asiento, the legal framework in which the Papacy granted parties' authority to transfer and other manners in which this contract was conveyed, its effects on Africans and Africans of the Diaspora, and on international conflict, which arose from the coveted slave trade monopoly. As a result, many nations, monarchs, corporations and Western seaboard economies financially benefited from the Trans-Atlantic slave trade through condonation and participation. The author argues that the Asiento evolved into the lawful nucleus which transformed the Trans-Atlantic slave trade into a flourishing international market of human commodities until its legal extermination through international intervention. The article concludes that, as a result of the Papacy's intimate participation in the origins of the Asiento and as holders of African slaves, it is obliged to provide international restitution to those of the African Diaspora adversely affected by its vestiges. "Bound by Oath: Andrew Johnson's Veto of the Tenure of Office Act"  MICHAEL SCHEARER, Liberty University, Department of History, Students Email: mschearer1@liberty.edu Andrew Johnson's motives for standing in the way of congressional Reconstruction are often attributed to stubbornness, racism, and white supremacy. Yet at least one episode stands apart. Through a review of primary sources and an appraisal of the scholarly literature, a different picture emerges. Andrew Johnson held a strong commitment to the Constitution and believed in the strict construction of its provisions. Johnson's veto of the Tenure of Office Act was motivated primarily by a strong belief that the Act was an unconstitutional usurpation of the president's removal power. Johnson's rationale for vetoing the Act was consistent with the original understanding of the removal power and the historical practice of Congress, the Executive Branch, and the Supreme Court, both before and since. Johnson was bound by oath to veto the bill. ^top About this eJournal This eJournal distributes working and accepted paper abstracts on the history of law and legal institutions, as well as other historical inquiries that relate to current legal issues. Editor: Reva B. Siegel, Yale University Submissions To submit your research to SSRN, sign in to the SSRN User HeadQuarters, click the My Papers link on left menu and then the Start New Submission button at top of page. Distribution Services If your organization is interested in increasing readership for its research by starting a Research Paper Series, or sponsoring a Subject Matter eJournal, please email: sales@ssrn.com Distributed by Legal Scholarship Network (LSN), a division of Social Science Electronic Publishing (SSEP) and Social Science Research Network (SSRN) Directors LSN SUBJECT MATTER EJOURNALS BERNARD S. BLACK Northwestern University - Pritzker School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI) Email: bblack@northwestern.edu RONALD J. GILSON Stanford Law School, Columbia Law School, European Corporate Governance Institute (ECGI) Email: rgilson@leland.stanford.edu Please contact us at the above addresses with your comments, questions or suggestions for LSN-Sub. Advisory Board Legal History eJournal KWAME ANTHONY APPIAH Princeton University - Department of Philosophy PETER PRESTON BROOKS Andrew W. Mellon Foundation Scholar, Center for Human Values, Peter Brooks, Princeton University JUDITH BUTLER University of California, Berkeley KIMBERLE CRENSHAW Columbia Law School HENRY LOUIS GATES Harvard University - Department of African-American Studies THOMAS C. GREY Nelson Bowman Sweitzer & Marie B. Sweitzer Professor of Law, Stanford Law School DONNA HARAWAY University of California, Santa Cruz - History of Consciousness DUNCAN KENNEDY Carter Professor of General Jurisprudence Emeritus, Harvard Law School MARGARET JANE RADIN Professor, University of Toronto - Faculty of Law, Henry King Ransom Professor of Law, University of Michigan Law School REVA B. SIEGEL Nicholas deB. Katzenbach Professor of Law, Yale University - Law School , University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group KENDALL THOMAS Columbia Law School IRIS MARION YOUNG University of Chicago (Deceased) , University of Chicago - Department of Political Science ^top Links: Subscribe to Journal | Unsubscribe from Journal | Join Site Subscription | Financial Hardship Subscription Management You can change your journal subscriptions by logging into SSRN User HQ. If you have questions or problems with this process, please email Support@SSRN.com or call 877-SSRNHelp (877.777.6435 or 212.448.2500). Outside of the United States, call 00+1+212+4482500. Site Subscription Membership Many university departments and other institutions have purchased site subscriptions covering all of the eJournals in a particular network. 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