Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (19)
- University at Buffalo School of Law (19)
- University of Michigan Law School (14)
- University of Colorado Law School (11)
- University of Pennsylvania Carey Law School (6)
-
- American University Washington College of Law (4)
- University of Georgia School of Law (4)
- West Virginia University (4)
- Cornell University Law School (3)
- SelectedWorks (3)
- University of Missouri-Kansas City School of Law (3)
- Boston University School of Law (2)
- North Carolina Central University School of Law (2)
- Notre Dame Law School (2)
- Singapore Management University (2)
- University of Richmond (2)
- Chapman University (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Latin American and Caribbean Law and Economics Association (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Cincinnati College of Law (1)
- University of Connecticut (1)
- Keyword
-
- History (11)
- Legal History (4)
- Legal history (4)
- Supreme Court (4)
- United States (4)
-
- Development (3)
- Jurisprudence (3)
- Privatization (3)
- Slavery (3)
- African Americans (2)
- Bodily integrity (2)
- Bureau of Land Management (2)
- Constitution (2)
- Constitutional law (2)
- Covenants (2)
- Cruelty (2)
- Federal courts (2)
- Human rights (2)
- Individual rights (2)
- Interpretation (2)
- Jr. (2)
- Judges (2)
- Juries (2)
- Law reform (2)
- Law schools (2)
- Lawyers (2)
- Legal reform (2)
- National Park Service (2)
- Politics (2)
- Preservation (2)
- Publication
-
- UIC Law Review (17)
- The Opinion Newspaper (all issues) (14)
- Michigan Law Review (8)
- All Faculty Scholarship (6)
- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (6)
-
- Publications (6)
- Buffalo Law Review (4)
- West Virginia Law Review (4)
- Articles (3)
- Cornell Law Faculty Publications (3)
- Faculty Works (3)
- Journal Articles (3)
- Scholarly Works (3)
- American University Journal of Gender, Social Policy & the Law (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- LLM Theses and Essays (2)
- Michigan Journal of International Law (2)
- North Carolina Central Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- UIC Law Open Access Faculty Scholarship (2)
- University of Michigan Journal of Law Reform (2)
- Cleveland State Law Review (1)
- Dalhousie Law Journal (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty Articles and Papers (1)
- Florida State University Law Review (1)
- Indiana Law Journal (1)
- Publication Type
Articles 91 - 119 of 119
Full-Text Articles in Law
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance
UIC Law Review
No abstract provided.
A Definite And Permanent Idea - Invention In The Pharmaceutical And Chemical Sciences And The Determination Of Conception In Patent Law, 28 J. Marshall L. Rev. 687 (1995), Jackie Hutter
UIC Law Review
No abstract provided.
Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner
Nationalism, Ethnic Strife And Human Rights, 28 J. Marshall L. Rev. 769 (1995), Elena Bonner
UIC Law Review
No abstract provided.
Reinventing The Russian State: Problems Of Constitutional Implementation, 28 J. Marshall L. Rev. 775 (1995), Robert Sharlet
Reinventing The Russian State: Problems Of Constitutional Implementation, 28 J. Marshall L. Rev. 775 (1995), Robert Sharlet
UIC Law Review
No abstract provided.
Common Sense, Simplicity And Experimental Use Negation Of The Public Use And On Sale Bars To Patentability, 29 J. Marshall L. Rev. 1 (1995), William C. Rooklidge, Stephen C. Jensen
Common Sense, Simplicity And Experimental Use Negation Of The Public Use And On Sale Bars To Patentability, 29 J. Marshall L. Rev. 1 (1995), William C. Rooklidge, Stephen C. Jensen
UIC Law Review
No abstract provided.
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
The Preemptive Effect Of Erisa On The Prevailing Wage Act, 29 J. Marshall L. Rev. 55 (1995), Scott D. Miller
UIC Law Review
No abstract provided.
Some Corporate And Securities Law Perspectives On Student-Athletes And The Ncaa, David A. Skeel Jr.
Some Corporate And Securities Law Perspectives On Student-Athletes And The Ncaa, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The End Of Roman Juristic Writing, Alan Watson
The End Of Roman Juristic Writing, Alan Watson
Scholarly Works
The traditional date for the end of classical Roman law is 235 when the emperor Alexander Severus was murdered, or slightly later with the death of Modestinus, the last of the great known jurists. Thereafter, few original juristic books were written, and it is widely but not universally believed that a decline in legal standards began almost at once.
For many scholars there seems to exist a connection, sometimes simply implicit, between the failure of jurists to write new books, and a decline in legal standards. I should like to suggest there was a different reason for jurists ceasing to …
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Reflections On From Slaves To Citizens Bondage, Freedom And The Constitution: The New Slavery Scholarship And Its Impact On Law And Legal Historiography, Robert J. Kaczorowski
Faculty Scholarship
The thesis of Professor Donald Nieman's paper, "From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction," is that the nation experienced a revolution in the United States Constitution and in the consciousness of African Americans. According to Professor Nieman, the Reconstruction Amendments represented "a dramatic departure from antebellum constitutional principles,"' because the Thirteenth Amendment reversed the pre-Civil War constitutional guarantee of slavery and "abolish[ed] slavery by federal authority." The Fourteenth Amendment rejected the Supreme Court's "racially-based definition of citizenship [in Dred Scott v. Sandford4], clearly establishing a color-blind citizenship” and the Fifteenth Amendment "wrote the principle of equality into the …
The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.
The Seventeenth-Century Revolution In The English Land Law, Charles J. Reid Jr.
Cleveland State Law Review
It is the purpose of this Article to explore systematically the creation of the new system of land law in the seventeenth century. The Article opens with a brief introduction to some of the major events of the seventeenth century to assist readers unfamiliar with this period. Successive sections will then treat the abolition of the feudal tenures and the adoption of socage tenure, the defeat of copy hold and the triumph of the enclosure movement, the creation of the rule against perpetuities and the strict settlement, and the creation of the modem trust and mortgage instruments.
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
The Only Good Poor Woman: Unconstitutional Conditions And Welfare, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Pillow Talk, Richard Hyland
Pillow Talk, Richard Hyland
American University Journal of Gender, Social Policy & the Law
No abstract provided.
At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson
At The Intersection Of Injustice: Experiences Of African American Women In Crime And Sentencing, Paula C. Johnson
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve
Attorney-Client And Work Product Protection In A Utilitarian World: An Argument For Recomparison, Catherine T. Struve
All Faculty Scholarship
No abstract provided.
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article explores common formalist themes, asking not whether formalism's aspirations are attainable but why formalists still struggle to attain them in the face of sustained attacks by anti-formalists. After briefly sketching the tenets of formalism in Section I, this Article turns to an examination of Summers' "post-realist formalism." Finally, this Article probes the philosophical and psychological attractions of formalism and suggests that formalism's promise of stability and order may be essential to the effective functioning of the legal system, even if this promise can never be realized.
Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.
Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.
Other Publications
No abstract provided.
Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman
Regulating Violence On Television, Harry T. Edwards, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Disquiet On The Eastern Front: Liberal Agendas, Domestic Legal Orders, And The Role Of International Law After The Cold War And Amid Resurgent Cultural Identities, Jacques Delisle
All Faculty Scholarship
No abstract provided.
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
That The Laws Shall Bind Equally On All: Congressional And Executive Roles In Applying Laws To Congress, Harold H. Bruff
Publications
No abstract provided.
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle
Publications
No abstract provided.
Holmes's Legacy And The New Constitutional History, Eben Moglen
Holmes's Legacy And The New Constitutional History, Eben Moglen
Faculty Scholarship
The most significant collaborative effort in the literature of American constitutional history, the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, is nearing completion. A generation has passed since the appearance of the first volume, authored by Julius Goebel, Jr., and (after many vicissitudes affecting several of the works in the series) the appearance of this volume marks the antepenultimate stage. Though Professor Fiss's remarkable achievement deserves to be viewed primarily on the basis of its own merits as a study of the Fuller Court, a just appreciation of its contribution to the literature requires …
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
The Six Companies And The Geary Act: A Case Study In Nineteenth-Century Civil Disobedience And Civil Rights Litigation, Ellen D. Katz
Articles
In 1892, the Chinese Consolidated Benevolent Association in San Francisco urged the resident Chinese community to ignore a federal law. The United States Congress had just passed the Geary Act, which required all Chinese laborers living in the United States to register with the collector of internal revenue. Under the act, those who did not register would face arrest and likely deportation. The Benevolent Association, also known as the Six Companies," claimed that the act violated both the constitutional right to due process and treaty obligations with China. To combat the legislation, the association enlisted the assistance of the Chinese …
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.
"The Concept Of Law" Revisited, Andrew B.L. Phang
"The Concept Of Law" Revisited, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
On any view, Hart is one of (if not the) leading jurists in Anglo-American legal philosophy this century. His central work, The Concept of Law,' is prescribed reading in virtually every jurisprudence course around the world. He has also been involved in the most famous debates in Anglo-American legal philosophy: the Hart-Fuller debate on the separation of law from morality; 2 the Hart-Devlin debate on the enforcement of morals;3 and the Hart-Dworkin debate on judicial discretion 4 -and it ought to be mentioned that it was precisely these debates that forced all three of these jurists to construct their own …
Fiduciary Rules And Rupa, J. Dennis Hynes
External Sovereignty And International Law, Ronald A. Brand
External Sovereignty And International Law, Ronald A. Brand
Articles
This essay addresses the need to redefine current notions of sovereignty. It returns to earlier concepts of subjects joining to receive the benefits of peace and security provided by the sovereign. It diverges from most contemporary commentary by avoiding what has become traditional second-tier social contract analysis. In place of a social contract of states, this redefinition of sovereignty recognizes that international law in the twentieth century has developed direct links between the individual and international law. The trend toward democracy as an international law norm further supports discarding notions of a two-tiered social contract relationship between the individual and …
Closing Argument, James H. Seckinger
Closing Argument, James H. Seckinger
Journal Articles
To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”
An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
Journal Articles
I first met John Noonan at a Law Review dinner when I was a year or so out of law school and he was a third year student. Chance placed us at the same table, and the conversation-naturally-proved to be more interesting than the speeches.
I am honored, indeed, blessed, to have been exposed to that witness for so many decades, and deeply grateful for the opportunity to come here on this occasion and bear my own witness in return.
An Introduction To The Symposium, William G. Eckhardt
An Introduction To The Symposium, William G. Eckhardt
Faculty Works
Professor William Eckhardt introduces the ideas which initiated planning for and later emanated from UMKC School of Law Symposium “Don't Ask, Don't Tell-Implementation and Litigation.” As the title suggests, the Symposium examined the complex and important issues surrounding the policy of the United States toward gays and lesbians in the Armed Forces. This communitywide event was centered in the UMKC Law School Courtroom on the evening of April 11, 1995.
The idea for this Symposium was conceived by Professor Samuel A. Marcosson, a senior attorney in the Office of General Counsel of the Federal Equal Employment Opportunity Commission. It was …