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Articles 1 - 30 of 53
Full-Text Articles in Law
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article considers, from the perspectives of legal history and jurisprudence, longstanding controversy surrounding the interpretation of the phrase "wrong or contra to law" in section 84 of the Penal Code, and suggests that the evidence points to interpretation that "wrong" means "legally wrong" or "contrary to law". It also consid the practical implications that follow from such an interpretation, which implicatio would allow for some role, nevertheless, for extral
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
14 pages.
Privatizing Public Lands: A Bad Idea, Scott Lehmann
Privatizing Public Lands: A Bad Idea, Scott Lehmann
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
8 pages.
Contains references.
Back To The Future: Privatizing The Federal Estate, Terry L. Anderson
Back To The Future: Privatizing The Federal Estate, Terry L. Anderson
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
5 pages.
Contains references.
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
27 pages.
Contains references.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
A History Of The Public Lands Debate, Patricia Nelson Limerick
A History Of The Public Lands Debate, Patricia Nelson Limerick
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
22 pages.
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
The Limits Of Quantitative Legal Analyses: Chaos In Legal Scholarship And Fdic V. W.R. Grace & Co., Royce De R. Barondes
Faculty Publications
This Article identifies a few of those techniques by examining a number of quasi-quantitative legal analyses that have addressed a range of legal relationships. The methodology of this Article consists of reviewing the relationship between those legal analyses and their associated non-legal disciplines. The unifying theme of the discussed examples is that a useful, well constructed quantitative analysis or approach has been improperly extended into a legal context.
Law And Economics: Nexus Of Science And Belief, Robert C. Downs
Law And Economics: Nexus Of Science And Belief, Robert C. Downs
Faculty Works
No abstract provided.
Chapter 1 - "The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America (Previously Published Article), Elizabeth B. Clark
Chapter 1 - "The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …
"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark
"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark
Publications
In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
The Jurisprudence Of Action And Inaction In The Law Of Tort: Solving The Puzzle Of Nonfeasance And Misfeasance From The Fifteenth Through The Twentieth Centuries, Theodore Silver, Jean Elting Rowe
Scholarly Works
No abstract provided.
From Legal Transplants To Legal Formats, Alan Watson
From Legal Transplants To Legal Formats, Alan Watson
Scholarly Works
Most of the time rulers and governments in the Western world as a whole were little interested in making private law. Instead, the task devolved upon some group of the legal elite who became in effect subordinate law makers without having been given power to make law. Thus, Roman jurists as such were private individuals with no ties to government: they made law when their opinions came to win approval from other jurists. English judges in the Middle-Ages and later were appointed to decide cases: the tradition long was that they found the law but did not make it. Continental …
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Freedom And Criminal Responsibility In The Age Of Pound: An Essay On Criminal Justice, Thomas A. Green
Articles
The concept of freedom has two main aspects: political liberty and freedom of the will. I am concerned here with the latter, although - as these two aspects of freedom are not entirely unrelated to each other - I shall touch also on the former. Enough has been written from a philosophical perspective on the relationship between free will and the law that it is not easy to justify yet another such undertaking. But there may still be room for some informal observations on the manner in which doubts about the concept of freedom of the will affected discussion of …
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
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
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 …
Institutions And Linguistic Conventions: The Pragmatism Of Lieber's Legal Hermeneutics, Guyora Binder
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 …
An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell
An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell
Faculty Works
No abstract provided.
Prediction And The Rule Of Law, Michael C. Dorf
Prediction And The Rule Of Law, Michael C. Dorf
Cornell Law Faculty Publications
No abstract provided.
Looking Back In Pursuit Of The Art Of Law, Gordon A. Christenson
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).
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
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 …
Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika
Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika
LLM Theses and Essays
In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …
Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway
Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway
Faculty Articles and Papers
No abstract provided.
Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda
Innovations Disguised As Traditions: An Historical Review Of The Supreme Court Nominations Process, Ronald D. Rotunda
Law Faculty Articles and Research
No abstract provided.
A Great Loneliness Of Spirit, Charles F. Wilkinson
From Hedonism To Human Rights: Felix Cohen's Alternative To Nihilism, 68 Temple L. Rev. 197 (1995), Joel R. Cornwell
From Hedonism To Human Rights: Felix Cohen's Alternative To Nihilism, 68 Temple L. Rev. 197 (1995), Joel R. Cornwell
UIC Law Open Access Faculty Scholarship
No abstract provided.
Between-The-Wars Social Thought: Karl Llewellyn, Legal Realism, And The Uniform Commercial Code In Context, 59 Alb. L. Rev. 325 (1995), Allen R. Kamp
Between-The-Wars Social Thought: Karl Llewellyn, Legal Realism, And The Uniform Commercial Code In Context, 59 Alb. L. Rev. 325 (1995), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Business Of The Supreme Court Revisited, John Paul Jones
The Business Of The Supreme Court Revisited, John Paul Jones
Law Faculty Publications
Nearly seventy years after its publication, Prof. Jones revisits Felix Frankfurter and James McCauley Landis' seminal 1928 book.
Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams
Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams
Articles in Law Reviews & Other Academic Journals
The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'
A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens
A Short History Of Hearsay Reform, With Particular Reference To Hoffman V. Palmer, Eddie Morgan And Jerry Frank, Michael S. Ariens
Faculty Articles
Much of the history of the American law of evidence, including its most contentious issue, hearsay, is the story of stasis and reform. The case of Hoffman v. Palmer represents one of few cases concerning hearsay known by name, and illustrates that “false” evidence has often been used to caution against efforts proclaiming “radical reform” of the law of evidence.
In this case involving a collision between a car and a train, the critical question was: Is the defendant railroad permitted to introduce into evidence the transcript of a question and answer session made two days after the accident between …