Law Commons^™

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt

Articles

No abstract provided.

A Slave's Marriage: Dowry Or Deposit, Alan Watson

Scholarly Works

This articles examines the concept of dowry among marriage of slaves in ancient Rome.

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Historical Committee — Minutes And Agendas, Roger J. Miner '56

Legal History

No abstract provided.

Review Of Transforming Political Discourse, Donald J. Herzog

Reviews

Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …

Book Review: Slave Law In The Americas, David S. Bogen

Faculty Scholarship

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …

Sunstein, Statutes, And The Common Law – Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Faculty Scholarship

Professor Cass Sunstein's new book, After the Rights Revolution: Reconceiving the Regulatory State, builds upon, and in important ways seeks to integrate, much of Professor Sunstein's work over the past several years. He has been one of our most prolific and influential writers on issues of governmental structure, approaching the subject both from more or less conventional administrative law perspectives and from the constitutional perspectives of separation of powers. His work has dealt with a tension often addressed in the literature, that between the eighteenth-century Madisonian constitutional engine of limited, internally checked government and the realities of our sprawling …

Peyote, Multiculturalism, And The Caricature Of The West, Robert G. Natelson

Faculty Law Review Articles

This article critiques what the author views as the resurrection of the old New Left -- the radical multiculturalists, the "critical" legal and literary schools, the radical feminists, and the radical environmentalists. The author argues that the goal of the New Left is to stereotype the Western tradition, reduce the claim of that tradition on the curriculum, and to fill the gap with propaganda disguised as foreign culture, and through this process encourage coercive interdependence and a disdain for drawing lines between public and private life.

Specialized Courts In Administrative Law, Harold H. Bruff

Publications

No abstract provided.

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.

Legal Process And Judges In The Real World, Peter L. Strauss

Faculty Scholarship

It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.

I am not going to address Professor Zeppos's account of …

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller

Articles

Our word law is a loanword from Old Norse.1 It makes its earliest appearances in Old English manuscripts in the late tenth century. At that time the Old English word for law was, believe it or not, æ, written as a digraph called "ash." Now most readers, myself included, tend to experience anxiety when we confront a ligatured vowel like ae and so we untie it as a prelude to getting rid of it altogether: we turn an aesthete2 into an aesthete before finally humiliating him (or her) as an esthete, all to resolve our nervousness. King Æthelred the Unready …

Ex Proprio Vigore, James J. White

Articles

The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.

Absolute Priority And New Value, James J. White

Articles

This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of any claim or interest that is …

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …

Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.

One Hundred Years Of Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.

Eras Of The First Amendment, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.

When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …

The Warren Court In American Fiction, Maxwell Bloomfield

Scholarly Articles

No abstract provided.

Reactions To Opression: Jurisgenesis In The Jurispathic State, John Valery White

Scholarly Works

This Note offers a model for analyzing the political and legal traditions of oppressed communities and developing a jurisprudence that accurately reflects the communities' views. Under this model, each of these diverse views can be understood from one of four perspectives: parochialism, fatalism, neo-liberalism, and individualism. These four perspectives are defined by an oppressed community's members' aspirations for liberation. Different ideals of justice and liberation underlie each perspective. Though touching on some of the communities' sentiments, the examinations of scholars of color have thus far been largely piecemeal, overemphasizing certain views, unwittingly combining divergent views, or marginalizing and dismissing unpopular …

Law And Equity In Contract Enforcement, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

Just The Facts: The Field Code And The Case Method, William P. Lapiana

Articles & Chapters

No abstract provided.

Foreword: The New York Law School Centennial Conference In Honor Of Justice John Marshall Harlan, James F. Simon

Articles & Chapters

No abstract provided.

Book Review Of A Radical Lawyer In Victorian England: W. P. Roberts And The Struggle For Workers' Rights By Raymond Challinor, W. Wesley Pue

All Faculty Publications

This essay assesses the history of one of Britain's most important lawyers for the working class through a critical review of Raymond Challinor's ground-breaking work. The life of W. P. Roberts spanned crucial decades of the nineteenth Century. Admitted to the lower branch of the legal profession in Bath in 1827 W. P. Roberts converted from Toryism in the first decade of his professional life to emerge as a leading figure in the Bath Working Men's Association by 1837. Apparently motivated by a deeply-held Christian belief in an essential human dignity, Roberts' consistently employed the law as a shield in …