848 resultados para History of Law


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Standing at the corner of Tenth and O streets in the city of Lincoln, Nebraska, any week-day morning between 7:30 and 8 o'clock, you may see pass by you from ten to twenty women with little black woolen shawls on their heads. Ask any citizen who they are, and ninety-nine times in one hundred he will tell you they are "Russians" who live down on the bottoms, that they are going out into the offices and homes to wash and scrub and clean house, and that their husbands are street laborers or work for the railroad. He may then grow confidential and tell you that he "has no use for these people", that "they are only half human", and that he "would just as soon see the Chinese come here as those people". As a matter of fact the greater part of his information is incorrect, partly through race prejudice but chiefly through ignorance of their history. These people, of whom there are about 4,000 in the city (Including "beet fielders"), are Germans, not Russians: they are Teutons, not Slavs; they are Lutheran and Reformed, not Greek Catholics. To be sure they and their ancestors lived in Russia for over one hundred years and they came here directly from the realm of the Czar whoso bona fide citizens they were—but they never spoke the Russian language, never embraced the Greek religion, never intermarried with the Russians, and many of their children never saw a Russian until they left their native village for the new home in America. They despise being called "Russians" just as an Italian resents "Dago"; a Jew, "Sheeny"; and a German, "Dutchman". Ask them where they came from and most of the children and not a few of the grown people will say, "Germany". If you pursue your questioning as to what part of Germany, they will tell you "Saratov" or "Samara" - two governments in the eastern part of Russia on the lower course of the Volga river. The misconceptions concerning the desirability of these German-Russians as citizens arise from their unprogressiveness as compared with those Germans who come to us directly from the mother country. During their century's sojourn in Russia they have been out of the main current of civilization, a mere eddy in the stream of progress. They present a concrete example of arrested development, The characteristics which differentiate them from other Germans are not due to an inherent lack of capacity but to different environment. Notwithstanding this, the German- Russians have some admirable qualities. They bring us large stores of physical energy and an almost unlimited capacity for work. The majority of them are literate although the amount of their education is limited. They are thrifty and independent, almost never applying for public aid. They are law abiding, their chief offenses being those which are traceable to their communal life in Russia. They are extremely religious, all their social as well as spiritual life being bound up in the church which they support right royally. To be sure, the saloon gets their vote (the prohibition vote among them is increasing); but "was not the first miracle that Christ performed the turning of water into wine? If they would shut up the shows (theaters), they wouldn't need to shut up the saloons". The object of this paper is to give the historical setting in which the German-Russians have lived as one means to a better understanding and appreciation of them by our own citizens.

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This article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and circumstances surrounding Brown v. Board of Education. For the Court, Brown symbolizes all that is wrong with the history of race in the United States - legal segregation, explicit racial discord, and vicious and random acts of violence. Though Roberts Court opinions suggest that some of those vestiges still exits, the bulk of its jurisprudence indicate the opposite. With Brown’s basic factual premises as its point of reference, the Court has consistently argued that the nation has made tremendous strides away from the condition of racial bigotry, intolerance, and inequity. The article accordingly argues that the Roberts Court reliance on Brown to understand racial progress is anachronistic. Especially as the nation’s focus for racial inequality turned national in scope, the same binaries in Brown that had long served to explain the history of race relations in the United States (such as Black-White, North-South, and Urban-Rural) were giving way to massive multicultural demographic and geographic transformations in the United States in the years and decades after World War II. All of the familiar tropes so clear in Brown and its progeny could no longer fully describe the current reality of shifting and transforming patterns of race relations in the United States. In order to reclaim the history of race from the Roberts Court, the article assesses a case that more accurately symbolizes the recent history and current status of race relations today: Keyes v. School District No. 1. This was the first Supreme Court case to confront how the binaries of cases like Brown proved of little probative value in addressing how and in what ways race and racial discrimination was changing in the United States. Thus, understanding Keyesand the history it reflects reveals much about how and in what ways the Roberts Court should rethink its conclusions regarding the history of race relations in the United States for the last 60 years.

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The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise adherence to these foundational principles after accession. EU history proved that this ‘Copenhagen dilemma’ was far from theoretical. EU Member State governments’ adherence to foundational EU values cannot be taken for granted. Violations may happen in individual cases, or in a systemic way, which may go as far as overthrowing the rule of law. Against this background the European Parliament initiated a Legislative Own-Initiative Report on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights and proposed among others a Scoreboard on the basis of common and objective indicators by which foundational values can be measured. This Research Paper assesses the need and possibilities for the establishment of an EU Scoreboard, as well as its related social, economic, legal and political ‘costs and benefits’.

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Trial of William Campbell Preston who was being sued by Miss Madeline Pollard for $50,000 in a breach of promise suit. Accused of promising to marry Miss Pollard and fathering a child and then failing to fulfill his promise. He was found guilty.

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Contains bibliographies.

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Published also as Studies in history, economics and public law, vol. 20, no. 2.

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Two chapters appeared originally in Englische studien and the Journal of English and Germanic philology.

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Description based on: 38th General Assembly (1919).

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Mode of access: Internet.

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Vita.