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Full-Text Articles in Law

Misreading The Williams Act, Lyman P.Q. Johnson, David K. Millon Jan 1989

Misreading The Williams Act, Lyman P.Q. Johnson, David K. Millon

Scholarly Articles

No abstract provided.


Missing The Point About State Takeover Statutes, Lyman P.Q. Johnson, David K. Millon Jan 1989

Missing The Point About State Takeover Statutes, Lyman P.Q. Johnson, David K. Millon

Scholarly Articles

No abstract provided.


Positivism In The Historiography Of The Common Law, David K. Millon Jan 1989

Positivism In The Historiography Of The Common Law, David K. Millon

Scholarly Articles

A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.

Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …


On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison Jan 1989

On Ripeness And 'Pragmatism' In Admininstrative Law, Brian C. Murchison

Scholarly Articles

None available.