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Full-Text Articles in Law
The Common Law Of War, Jens David Ohlin
The Common Law Of War, Jens David Ohlin
William & Mary Law Review
In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a branch …
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf
William & Mary Law Review
No abstract provided.
The Common Law Genius Of The Warren Court, David A. Strauss
The Common Law Genius Of The Warren Court, David A. Strauss
William & Mary Law Review
The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
Whether The Federal Rules Of Evidence Should Be Conceived As A Perpetual Index Code: Blindness Is Worse Than Myopia, Edward J. Imwinkelried
William & Mary Law Review
No abstract provided.
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
Evidence Myopia: The Failure To See The Federal Rules Of Evidence As A Codification Of The Common Law, Glen Weissenberger
William & Mary Law Review
No abstract provided.
The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger
The Elusive Identity Of The Federal Rules Of Evidence, Glen Weissenberger
William & Mary Law Review
No abstract provided.
A Vision Of The Exchange, Loren A. Smith
A Vision Of The Exchange, Loren A. Smith
William & Mary Law Review
No abstract provided.
The Seventh Anglo-American Exchange, Nigel Bridge
The Seventh Anglo-American Exchange, Nigel Bridge
William & Mary Law Review
No abstract provided.
The Anglo-American Exchange: Our Spiritual Cousinage, Warren E. Burger
The Anglo-American Exchange: Our Spiritual Cousinage, Warren E. Burger
William & Mary Law Review
No abstract provided.
U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson
U.C.C. Section 2-403: A Reform In Need Of Reform, Katherine F. Jillson
William & Mary Law Review
No abstract provided.
Book Review Of Comparative Constitutional Process, William F. Swindler
Book Review Of Comparative Constitutional Process, William F. Swindler
William & Mary Law Review
No abstract provided.
Legal Philosophy - Recent Contributions, Neil W. Schilke
Legal Philosophy - Recent Contributions, Neil W. Schilke
William & Mary Law Review
No abstract provided.