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Articles 1 - 10 of 10
Full-Text Articles in History
The Language Of Law: Interpreting Nineteenth-Century Legal Documents, Arthur Mitchell Fraas
The Language Of Law: Interpreting Nineteenth-Century Legal Documents, Arthur Mitchell Fraas
Arthur Mitchell Fraas
The documentary record produced in the course of 19th century American legal proceedings remains one of the greatest sources for understanding the everyday lives of the middling and non-elite who otherwise rarely rise to the surface of the historical record. This documentation though has often gone unused or misused thanks to the circumstances of its production and the difficulties of parsing the specialized language used within. Documents produced for use in a courtroom always have multiple layers of meaning, each intended with different purposes and audiences in mind. Formulaic language and confusing tangles of proceedings and filings too often get …
From India To The Atlantic World: "Indian Grants" And The Imperial Jurisprudence Of The Eighteenth Century, Arthur Mitchell Fraas
From India To The Atlantic World: "Indian Grants" And The Imperial Jurisprudence Of The Eighteenth Century, Arthur Mitchell Fraas
Arthur Mitchell Fraas
No abstract provided.
Readers, Scribes, And Collectors: The Dissemination Of Legal Knowledge In Eighteenth-Century British South Asia, Arthur Mitchell Fraas
Readers, Scribes, And Collectors: The Dissemination Of Legal Knowledge In Eighteenth-Century British South Asia, Arthur Mitchell Fraas
Arthur Mitchell Fraas
This draft paper - first presented at the Middle Eastern Studies Association annual conference in 2012 - looks at the circulation of legal knowledge in print and manuscript in eighteenth-century British India.
Bad News For John Marshall, David B. Kopel, Gary Lawson
Bad News For John Marshall, David B. Kopel, Gary Lawson
David B Kopel
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.
"Not Charity But Justice": Charles Gore, Workers, And The Way, John F. Wirenius
"Not Charity But Justice": Charles Gore, Workers, And The Way, John F. Wirenius
John F. Wirenius
Charles Gore, Bishop of Oxford, co-author of "Lux Mundi" and leading liberal Anglo-Catholic of the Nineteenth and Twentieth Centuries, was an early exponent of the rights of labor, and advocate for collective bargaining. This Article examines the theological underpinnings of this advocacy, finding it inextricably rooted in Gore's vision of Christianity as "the Way" fundamentally a way of life, and not a series of doctrinal commitments.
Card Check Labor Certification: Lessons From New York, William A. Herbert
Card Check Labor Certification: Lessons From New York, William A. Herbert
William A. Herbert
During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Nancy J. Knauer
The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
The Evolution Of Women's Rights In Inheritance, Kristine Knaplund
Kristine Knaplund
No abstract provided.
The Institutional Dynamics Of Early Modern Eurasian Trade: The Commenda And The Corporation, Ron Harris
The Institutional Dynamics Of Early Modern Eurasian Trade: The Commenda And The Corporation, Ron Harris
Ron Harris
The focus of this article is on legal-economic institutions that organized early-modern Eurasian trade. It identifies two such institutions that had divergent dispersion patterns, the corporation and the commenda. The corporation ended up as a uniquely European institution that did not migrate until the era of European colonization. The commenda that originated in Arabia migrated all the way to Western Europe and to China. The article explains their divergent dispersion based on differences in their institutional and geographical environments and on dynamic factors. It claims that institutional analysis errs when it ignores migration of institutions. It provides building blocks for …
Legal Rhetoric And Revolutionary Change, Richard Kay
Legal Rhetoric And Revolutionary Change, Richard Kay
Richard Kay
If we define revolutionary change as the alteration of fundamental political arrangements in ways inconsistent with accepted understandings of law, we would not expect to find the invocation of law in justification of that change. In fact, however, such justification is not uncommon. This paper examines three cases exposing differing attitudes to legal justification of revolution-- the English Revolution of 1688-89, the secession of the Southern states at the beginning of the American Civil War and the Bolshevik revolution of 1917. In each case the paper describes the revolutionaries' use of legal language. It then shows how the use or …