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Articles 31 - 60 of 83
Full-Text Articles in Law
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Michigan Law Review
A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
Michigan Law Review
A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy
The Opinion Volume 19 Number 9 – February 22, 1979, The Opinion
The Opinion Volume 19 Number 9 – February 22, 1979, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 22, 1979
The Opinion Volume 19 Number 8 – February 8, 1979, The Opinion
The Opinion Volume 19 Number 8 – February 8, 1979, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 8, 1979
The Opinion Volume 19 Number 7 – January 25, 1979, The Opinion
The Opinion Volume 19 Number 7 – January 25, 1979, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated January 25, 1979
Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato
Disqualification Of Counsel: The Westinghouse Litigation, Anthony D'Amato
Faculty Working Papers
The motion to disqualify counsel is becoming increasingly important in pre-trial strategy. Discusses one case arising out of Westinghouse Electric Corporation's alleged breach of longterm uranium supply contracts, in which a disqualification motion was sustained against Westinghouse's counsel, Kirkland & Ellis.
Review Of Crime In England, 1550-1800, Thomas A. Green
Review Of Crime In England, 1550-1800, Thomas A. Green
Reviews
Crime in England, 1550-1800, is the second collection of essays on the social history of crime and the criminal law in early modern England to appear in recent years. Together with the essays in Albion's Fatal Tree (1975),' these offerings advance our knowledge of the subject considerably. To be sure, as G. R. Elton cautions, there are methodological problems in a field so new, and Elton's "Introduction" will serve as an excellent starting point for readers concerned with such matters. We must nevertheless recognize the accomplishments of the new school of socio-legal historians. The essays in this volume deal with …
Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman
Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman
Cornell Law Faculty Publications
No abstract provided.
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.
Probability Theory Meets Res Ipsa Loquitor, David H. Kaye
Probability Theory Meets Res Ipsa Loquitor, David H. Kaye
Journal Articles
Day in and day out, attorneys, judges, and jurors must estimate probabilities. To be sure, we rarely quantify such estimates of probability and almost never adopt the terminology and mathematics of probability theory to resolve matters. Nevertheless, the mathematical theory of probability can be applied to legal problems in various ways. This article uses probability theory normatively in an effort to clarify one aspect of the famous tort doctrine known as res ipsa loquitur. While not urging that jurors be instructed in probability theory or be equipped with microprocessors, it does seek an accurate statement of the res ipsa doctrine …
Balzacian Legality, Thomas E. Carbonneau
Balzacian Legality, Thomas E. Carbonneau
Journal Articles
The study of law and literature is an area of growing interest to legal scholars in the United States. Honore de Balzac incorporated in his works a panoramic view of the social reality of nineteenth century France. In this context, the fidelity of Balzac's plots and characters to their external models has been well-documented in a number of fields, including sociology, commerce, and finance. In addition to this penchant for realism, however, Balzac laced his novels with an equally evident moral content. This commitment to accuracy and morality also influenced Balzac's novelistic treatment of the law and lawyers.
Balzac's work …
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Vanderbilt Law Review
Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
Indiana Law Journal
This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.
Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie
Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie
International Law Studies
No abstract provided.
Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie
Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie
International Law Studies
No abstract provided.
The History Of Legal Education In Virginia, W. Hamilton Bryson
The History Of Legal Education In Virginia, W. Hamilton Bryson
University of Richmond Law Review
The English Inns of Court in London had ceased to perform their educational functions in the middle of the seventeenth century. For the next hundred years or so, there was no formal or organized instruction of the English common law. Lawyers, both barristers and solicitors in England and in America, learned their profession as best they could in unstructured situations. They learned by serving as apprentices or clerks to practicing lawyers, by the independent reading of law books, and by observation in the courtroom itself.
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Review Of Society And Homicide In Thirteenth-Century England, Thomas A. Green
Reviews
JAMES GIVEN has produced the first systematic book-length treatment of the sociology of medieval English crime. His work does not pretend to be comprehensive: it deals only with homicide. Nor does it cover more than a century, the thirteenth; the author has wisely left the earlier system of criminal law, based on private compensation, to other scholars, and he says just enough about late thirteenth- and early fourteenth- century social and legal change to suggest he believes that that period, too, must await its own interpretation. Still, the social history of homicide in the thirteenth century proves itself fascinating terrain, …
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
International Law Studies
No abstract provided.
Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie
Treaty Of Peace Between The Allied And Associated Powers, Of The One Part, And Germany, Of The Other Part (Versailles, 28 June 1919), Howard S. Levie
International Law Studies
No abstract provided.
Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie
International Law Studies
No abstract provided.
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Buffalo Law Review
No abstract provided.
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Vanderbilt Law Review
This brief survey has superficially touched upon the most prominent works of the historiography of slavery and has ignored the large mass of work on subjects such as slavery in the various states, slave rebellions, slave reminiscences, and the anti-slavery crusade. With the exception of the Civil War, perhaps more has been written about slavery than any other aspect of southern history. Despite the great amount of scholarship devoted to the study of slavery, however, there has been, as Keir Nash points out, little scholarly work done on the legal history of slavery. One hopes this gap will be bridged …
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
Vanderbilt Law Review
This Note will attempt to provide the framework for a more extended institutional examination of the post-revolutionary courts that functioned in the counties of western-most North Carolina and,beginning in 1790, the Territory South of the River Ohio before their organization into the new state of Tennessee in June 1796. The Note initially will set forth the jurisdiction and the regulatory authority of the county courts of pleas and quarter sessions under the North Carolina and territorial governments, will describe the jurisdiction and authority of the courts' individual justices, and will examine the role of the petit jury in exercising a …
David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield
David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield
Maryland Law Review
No abstract provided.
Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard
Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard
University of Richmond Law Review
A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."
Comments On The History Of Plea Bargaining, Lynn M. Mather
Comments On The History Of Plea Bargaining, Lynn M. Mather
Journal Articles
No abstract provided.
Ideology And History, David F. Forte
Ideology And History, David F. Forte
Law Faculty Articles and Essays
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …
Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter
Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter
Research Collection Yong Pung How School Of Law
The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.
The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie
The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie
International Law Studies
No abstract provided.
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Articles by Maurer Faculty
No abstract provided.