2019年4月15日星期一

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

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LEGAL HISTORY eJOURNAL

"Discovery and the Social Benefits of Private Litigation" Free Download
71 Vanderbilt Law Review 2171 2018
BYU Law Research Paper No. 19-10

PAUL J. STANCIL, Brigham Young University, J. Reuben Clark Law School
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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" Free Download
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
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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" Free Download
Forthcoming, Modern Law Review

ALEXIS GALAN, Goethe University Frankfurt - Cluster of Excellence Normative Orders
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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" Free Download
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
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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" Free Download
Willamette Journal of International Law and Dispute Resolution, Vol. 26, No. 1, 2018

PATRICIA M. MUHAMMAD, Independent
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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" Free Download

MICHAEL SCHEARER, Liberty University, Department of History, Students
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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.

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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


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Monday, April 15, 2019



Deal News

As usual, last night we sent a weekly report of 265 new deals to members, and we have more on deck for tomorrow.

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Today's Meal
Rob Wall has been promoted to art director at Little Bee Books.

At Open Road Media, Sarah Mangiola has been promoted to executive editor, content strategy; Carolyn Cox to managing editor content strategy; Kate Phelan to senior editor; Olivia Mason to audience development manager; Amanda Yee to director of email production; and Amanda Shaffer to senior designer. Eric Meyer has joined as metadata specialist and Mike Wynne as customer acquisition manager for Early Bird Books.

Sammy Brown has been promoted to publicist at HMH Children's. Marissa Page has joined HMH as publicity associate. She previously worked as a journalist.

Awards
National Book Foundation executive director Lisa Lucas won the WNBA Award for "meritorious work in the world of books beyond the duties or responsibilities of her profession or occupation."

Legal
At Friday's Elliott v. Donegan hearing, magistrate Judge Sanket Bulsara indicated he will order the Google subpoena, once the lawyers make a few changes to the process laid out for notifying the Jane Does who contributed to Moira Donegan's S****y Media Men spreadsheet. The judge also confirmed that if Google moves to quash the subpoena -- all but guaranteed, based on their initial response -- proceedings will most likely be held in the Northern District of California. The lawyers are scheduled to return the updated subpoena in two weeks, along with their responses to the judge's suggestion that they schedule a settlement conference. Donegan's representation was dubious regarding a settlement: "I hate to say never, but we don't think that's most likely to occur," one of her attorneys told the court.
The Los Angeles Times Book Prize announced winners in eleven categories on Friday night. Next up is the Pulitzers, to be announced Monday afternoon at 3. The LAT winners include:

Fiction
Rebecca Makkai, The Great Believers (Viking)

Art Seidenbaum Award for First Fiction
Nafissa Thompson-Spires, Heads of the Colored People (37 Ink)

Biography
David W. Blight, Frederick Douglass (Simon & Schuster)

Christopher Isherwood Prize for Autobiographical Prose
Kiese Laymon, Heavy (Scribner)

Current Interest
Francisco Cantú, The Line Becomes a River (Riverhead)

Graphic Novel/Comics
Tillie Walden, On a Sunbeam (First Second)

History
Julia Boyd, Travelers In The Third Reich (Pegasus)

Mystery/Thriller
Oyinkan Braithwaite, My Sister, the Serial Killer (Doubleday)

Science & Technology
Beth Macy, Dopesick (Little, Brown)

Poetry
Carl Phillips, Wild is the Wind (Farrar, Straus)

Young Adult Literature
Elizabeth Acevedo, The Poet X (Harper Teen)
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Books in the News
[cover]
How Not to Die Alone
by Richard Roper
Story: May LibraryReads picks
[cover]
The Great Believers
by Rebecca Makkai
Story: LA Times Book Prizes announced
[cover]
Naamah
by Sarah Blake
Story: Q&A: debut novelist on Noah's wife
[cover]
Machines Like Me
by Ian Mcewan
Story: Interview with bestselling novelist
 
More New Jobs

We added another 6 new jobs just since Friday at our industry-leading Job Board, the latest among 57 opportunities in all still live from the past month.

For employers, we provide the unbeatable combination of the largest circulation in the business by far, a total focus on book publishing only, and the best prices anywhere.

And for job-seekers, we present great new possibilities every day and conveniences like an RSS ping to keep you posted on every new offering. Among the latest:

Imprint Sales Manager, Knopf Doubleday Publishing Group  [Full Time]
Penguin Random House LLC (New York, NY)

Fulfillment Specialist  [Full Time]
ACOG National Office (Washington, DC)

Media Specialist, West Coast  [Full Time]
W.W. Norton (West Coast)

Digital Products Brand Manager  [Full Time]
W.W. Norton (New York)

VP of Marketing  [Full Time]
HarperCollins Christian Publishing (Nashville, TN)

Managing Editor  [Full Time]
Hachette Book Group (New York, NY)

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2019年4月13日星期六

Canadian Art: Art Community Concerns Grow for New Rodman Hall Plans

liz hayden shared an update on Save Rodman Hall Check it out and leave a comment:

Petition Update

Canadian Art: Art Community Concerns Grow for New Rodman Hall Plans

"New plans for the 60-year-old art gallery at Brock University have "blindsided" many, says one artist and former city councillor."

Read the complete April 11 article in Canadian Art magazine here:

 

Read full update

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2019年4月12日星期五

Webinar: Team Interpreting: Why Bother? **UPDATED TIME**

WEBINAR
Team Interpreting: Why Bother?
Presenter: James Plunkett III
If you have already worked with a colleague at a lengthy hearing, you have had to share the task of ensuring there was an accurate and complete record. That, after all, is the goal. But how is it attainable while sharing the duties with a teammate? Is a teammate really necessary? In this webinar, your presenter will analyze two schools of thought about team work for interpreters. He will share best practice suggestions and anecdotes. He will ask attendees to participate in group discussions to stimulate a better understanding of the topic and foster goodwill towards team work. 


Cost: $40 for Members, $65 Non-Members
Date: Saturday, April 27th
Time: 11:00 AM - 12:30 PM ET
Duration: 90 Minutes
Continuing Education Credit offered: YES


Unable to attend? If you register for the webinar we will send you a link to the recording after the live event. *Only those who attend the live webinar will receive a certificate of attendance.
Seating is limited, register today!
Questions? Need more information?
Call: 404-566-4705

AbeBooks Sales Order No. 608311973: Confirmed

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Bookseller: Hippo Books

AbeBooks Purchase Order No.: 535372378

Order Date: April 12, 2019

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Item Status: Confirmed

Title: Demon Lover: On the Sexuality of Terrorism

Author: Robin Morgan

Quantity: 1

Book Description: Spine creases, wear to binding and pages from reading. May contain limited notes, underlining or highlighting that does affect the text. Possible ex library copy, that’ll have the markings and stickers associated from the library. Accessories such as CD, codes, toys, may not be included.
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