Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (1295)
- University of Michigan Law School (1066)
- University at Buffalo School of Law (626)
- SelectedWorks (467)
- University of Pennsylvania Carey Law School (417)
-
- University of Colorado Law School (370)
- UIC School of Law (304)
- Maurer School of Law: Indiana University (288)
- University of Georgia School of Law (267)
- Seattle University School of Law (238)
- University of Maryland Francis King Carey School of Law (226)
- American University Washington College of Law (200)
- University of Kentucky (179)
- New York Law School (173)
- Cornell University Law School (172)
- Georgetown University Law Center (146)
- University of Richmond (145)
- William & Mary Law School (139)
- Notre Dame Law School (137)
- Schulich School of Law, Dalhousie University (134)
- Pepperdine University (127)
- Universitas Indonesia (125)
- BLR (122)
- University of Missouri-Kansas City School of Law (122)
- University of Arkansas at Little Rock William H. Bowen School of Law (114)
- Maurice A. Deane School of Law at Hofstra University (111)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (109)
- Columbia Law School (101)
- Duke Law (99)
- St. Mary's University (99)
- Keyword
-
- History (725)
- Legal History (711)
- Legal history (573)
- Jurisprudence (327)
- Constitutional Law (324)
-
- Constitution (280)
- Constitutional law (262)
- Civil rights (247)
- Law (231)
- International law (230)
- Human rights (198)
- Law and Society (193)
- Supreme Court (190)
- United States Supreme Court (170)
- Equal Protection (163)
- Race discrimination (161)
- Supremacy Clause (160)
- Cold War (157)
- Environmental justice (155)
- Inter-American Commission on Human Rights (155)
- American exceptionalism (153)
- Environmental racism (152)
- Right to a healthy environment (152)
- Right to privacy and family life (152)
- Slavery (144)
- Courts (140)
- Politics (135)
- Judges (125)
- United States (125)
- Legislation (119)
- Publication Year
- Publication
-
- Michigan Law Review (635)
- Faculty Scholarship (466)
- The Opinion Newspaper (all issues) (458)
- All Faculty Scholarship (430)
- Articles (293)
-
- UIC Law Review (253)
- Publications (242)
- Seattle University Law Review (188)
- Scholarly Works (187)
- Cornell Law Faculty Publications (159)
- Journal Articles (158)
- Carmen G. Gonzalez (152)
- Georgetown Law Faculty Publications and Other Works (141)
- Articles by Maurer Faculty (133)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (122)
- NYLS Law Review (122)
- ExpressO (118)
- Maryland Law Review (111)
- Articles in Law Reviews & Other Academic Journals (110)
- Journals of the General Assembly of the Commonwealth of Kentucky (109)
- Faculty Publications (107)
- Paulo Ferreira da Cunha (107)
- Law Faculty Publications (105)
- Faculty Works (97)
- Dalhousie Law Journal (94)
- Buffalo Law Review (90)
- The Journal of Appellate Practice and Process (86)
- Daniel R. Coquillette (83)
- Documents from Making Habeas Work: A Legal History (monograph) (83)
- Indiana Law Journal (76)
- Publication Type
Articles 8161 - 8190 of 10702
Full-Text Articles in Law
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Book Review. Conceptual Change And The Constitution, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Book Review. From Medieval Group Litigation To The Modern Class Action By Stephen C. Yeazell, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Reception Of English Law In Singapore: Problems And Proposed Solutions, Andrew B.L. Phang
Reception Of English Law In Singapore: Problems And Proposed Solutions, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The problems pertaining to the reception of English law in Singapore are both numerous and complex. The academic literature generated in the local sphere alone is relatively large. It must, however, be conceded that, from apractical point of view, there has been very little interest or at least discussion. One cannot, of course, be sure about this observation, save for the very strong indication that takes the form of the overwhelming lack of litigation in the area, thus rendering it merely (so it appears) an academic monopoly. It should, however, be pointed out that this rather phlegmatic approach in practice …
The Two Laws : Studies In Medieval Legal History Dedicated To Stephan Kuttner, Laurent Mayali, Stephanie Tibbetts
The Two Laws : Studies In Medieval Legal History Dedicated To Stephan Kuttner, Laurent Mayali, Stephanie Tibbetts
Laurent Mayali
No abstract provided.
Foucault: O Poder E O Direito, Ronaldo Porto Macedo Junior
Foucault: O Poder E O Direito, Ronaldo Porto Macedo Junior
Ronaldo Porto Macedo Junior
ABSTRACT: The idea of crisis of Law that can be found in the great part of the contemporary legal literature is based on a deeper question related to the crisis of the classical concepts of Rationality and Representation. Thies paper shows how the Foucauldian’s analysis of the crisis of the liberal legal rationality explains the advent of new forms of legal rationalities, based on the concepts of Norm and Normality, in the, so called, Social Law. Thues, the main concepts involved in the archaelogy of legal Knowledge and genealogy of legal powers in the Welfare State society are analysed. Finally, …
The Opinion Volume 30 Number 8 – November 22, 1989, The Opinion
The Opinion Volume 30 Number 8 – November 22, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 22, 1989
The Opinion Volume 30 Number 7 – November 8, 1989, The Opinion
The Opinion Volume 30 Number 7 – November 8, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 8, 1989
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Cornell Law Faculty Publications
We are a society of groups. De Tocqueville's observation that the principle of association shapes American society remains as valid today as it was in the mid-nineteenth century. For us, as for others, the vita activa is participation in a seemingly limitless variety of groups. The importance of group activity in our national character has strongly influenced the agenda of political questions that recur in American political and legal theory. One of the fundamental normative questions on this agenda concerns the proper relationship between groups and the polity. To what extent should the polity foster connections between associations and the …
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
Michigan Law Review
Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?
The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …
The Opinion Volume 30 Number 6 – October 25, 1989, The Opinion
The Opinion Volume 30 Number 6 – October 25, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 25, 1989
The Opinion Volume 30 Number 5 – October 11, 1989, The Opinion
The Opinion Volume 30 Number 5 – October 11, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 11, 1989
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
All Faculty Scholarship
Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.
This article offers a brief overview of the religious history of Maryland, focuses on important state …
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
Publications
This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …
On The Telos Of Man And Law: An Essay Concerning Morality And Positive Law, William N. Riley
On The Telos Of Man And Law: An Essay Concerning Morality And Positive Law, William N. Riley
Indiana Law Journal
No abstract provided.
Antitrust's Protected Classes, Herbert Hovenkamp
Antitrust's Protected Classes, Herbert Hovenkamp
Michigan Law Review
For purposes of argument, this essay assumes that efficiency ought to be the exclusive goal of antitrust enforcement. That premise is controversial. Nonetheless, several economic and legal theorists, primarily among the Chicago School of economics and antitrust scholarship, have developed an Optimal Deterrence Model based on this assumption. The Model is designed to achieve the optimum, or ideal, amount of antitrust enforcement. The Model's originators generally believe that there is too much antitrust enforcement, particularly enforcement initiated by private plaintiffs. I intend to show that, even if efficiency is the only antitrust policy goal, a broader array of lawsuits should …
Legal Education In Saskatchewan 1982-1988, Daniel I. Ish
Legal Education In Saskatchewan 1982-1988, Daniel I. Ish
Dalhousie Law Journal
My predecessor in the office of dean, Don Clark, in an article in this Journal approximately six years ago, described in his usual eloquent fashion the development of the little law school on the prairie from its genesis in 1910. In these pages I will attempt to outline some of the developments in the College of Law during my six years as dean. I intend to adopt an intuitive, first-person narrative which, I hope, will not be too self-serving in its description of the College of Law between 1982 and 1988.
Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley
Richard Chapman Weldon 1849-1925 Fact, Fiction And Enigma, Della Stanley
Dalhousie Law Journal
For most contemporary students at the Dalhousie Law School Richard Chapman Weldon is probably little more than a portrait, a name on a building, a legendary figure whose memory as "the heart and soul" of the school is passed on from year to year as part of alumni tradition. Those who may have read something of the career of the first Law Dean probably have wondered if such a reportedly exceptional man ever existed. Certainly, much has been recorded in the past which exaggerate his abilities, his successes and his characteristics. Throughout his life and in death he attracted words …
The Opinion Volume 30 Number 4 – September 27, 1989, The Opinion
The Opinion Volume 30 Number 4 – September 27, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 27, 1989
The Opinion Volume 30 Number 3 – September 13, 1989, The Opinion
The Opinion Volume 30 Number 3 – September 13, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September, 13, 1989
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
Washington and Lee Law Review
No abstract provided.
The Opinion Volume 30 Number 2 – August 25, 1989, The Opinion
The Opinion Volume 30 Number 2 – August 25, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated August 25, 1989
Difference Made Legal: The Court And Dr. King, David Luban
Difference Made Legal: The Court And Dr. King, David Luban
Michigan Law Review
My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official voice, the …
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Michigan Law Review
Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.
There is an American story of origins. It is …
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
Faculty Scholarship
This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Michigan Law Review
A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett
Reimagining The Marshall Court, H. Jefferson Powell
Reimagining The Marshall Court, H. Jefferson Powell
Michigan Law Review
A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White
Law And Disputing In Commercializing Early America, Cornelia Dayton
Law And Disputing In Commercializing Early America, Cornelia Dayton
Michigan Law Review
A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann