Law Commons^™

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Property Rules And Liability Rules: The Cathedral In Another Light, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

Ronald Coase's essay on "The Problem of Social Cost" introduced the world to transaction costs, and the introduction laid the foundation for an ongoing cottage industry in law and economics. And of all the law-and-economics scholarship built on Coase's insights, perhaps the most widely known and influential contribution has been Calabresi and Melamed's discussion of what they called "property rules" and "liability rules." Those rules and the methodology behind them are our subjects here.

We have a number of objectives, the most basic of which is to provide a much needed primer for those students, scholars, and lawyers who are …

De Jure Revolution?, Margaret M. Russell

Michigan Law Review

A Review of Failed Revolutions: Social Reform and the Limits of Legal Imagination by Richard Delgado and Jean Stefancic, and Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution by Jack Greenberg.

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman

It Isn't About Duck Hunting: The British Origins Of The Right To Arms, David B. Kopel

Michigan Law Review

A Review of To Keep and Bear Arms: The Origins of an Anglo-American Right by Joyce Lee Malcolm

Poverty Lawyering In The Golden Age, Matthew Diller

Michigan Law Review

A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis

The Case For (And Against) Harvard, Robert W. Gordon

Michigan Law Review

A Review of Logic and Experience: The Origin of Modern American Legal Education by William P. LaPiana

Cook And The Corporate Shareholder: A Belated Review Of William W. Cook's Publications On Corporations, Alfred F. Conard

Michigan Law Review

A Review of A Treatise on the Law of Stock and Stockholders, as Applicable to Railroad, Banking, Insurance, Manufacturing, Commercial, Business, Turnpike, Bridge, Canal, and Other Private Corporations by William W. Cook

English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove

Michigan Law Review

A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer

The Opinion Volume 35 Number 14 – April 12, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 12, 1995

The Opinion Volume 35 Number 13 – April 3, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 3, 1995

Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.

Florida State University Law Review

No abstract provided.

The Citation Practices Of The New York Court Of Appeals, 1850-1993, William H. Manz

Buffalo Law Review

No abstract provided.

Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder

Journal Articles

This article presents Francis Lieber’s 1839 treatise “Legal and Political Hermeneutics” as a surprisingly modern and pragmatic account of interpretation. It first explicates the two most important influences on Liber’s thought, the romantic philology of Friedrich Schleiermacher, and the institutional positivism of Whig jurists Story and Kent. It shows that both of these sources frankly acknowledged that interpretation is an institutional practice, organized by the evolving aims and customs of the institutions within which it took place. Both tended to view the writing and reading of texts as the deployment of linguistic conventions. Both movements thereby viewed meaning for all …

W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha

West Virginia Law Review

No abstract provided.

West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon

West Virginia Law Review

No abstract provided.

The Mi'kmaq And The Fishery: Beyond Food Requirements, Bruce H. Wildsmith

Dalhousie Law Journal

The Mi'kmaq, the traditional Aboriginal nation in Nova Scotia, are struggling to find their place in the modern fishery. Significant milestones have been achieved, including the Denny, Paul and Sylliboy (N.S.C.A.) case establishing the right of the Mi'kmaq to harvest fish for food and the Simon (S.C.C.) case affirming the continuing validityof the Mi'kmaq Treatyof 1752, a treaty that contains an express right to sell fish. Though fishing by the Mi'kmaq for food no longer appears to be a subject of controversy (assuming the needs of conservation have been met), the spectre of commercial aspects to the Mi'kmaq fishery is …

Women And The Law: A Century Of Achievement, Mary Beth Nolan

West Virginia Law Review

No abstract provided.

An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell

Faculty Works

No abstract provided.

The Opinion Volume 35 Number 12 – March 28, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 28, 1995

The Opinion Volume 35 Number 11 – March 8, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 8, 1995

"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 35 Number 10 – February 22, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 22, 1995

The Opinion Volume 35 Number 9 – February 8, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 8, 1995

Prediction And The Rule Of Law, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

The Opinion Volume 35 Number 8 – January 26, 1995, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated January 26, 1995

Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson

Faculty Articles and Other Publications

As part of the centennial celebration of the Washington College of Law, I am pleased to accept the invitation of The Law Review to revisit those six fascinating years of my deanship from 1971 to 1977. It is time for a backward glance in light of the profound changes that have since taken place in society, as well as in the Washington College of Law (WCL).

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis

University of Michigan Journal of Law Reform

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

The Agincourt Campaign And The Law Of War, A. W.B. Simpson

Michigan Journal of International Law

Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …