Law Commons^™

The Uniform Commercial Acts, J.P. Mckeehan

Dickinson Law Review (2017-Present)

The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.

Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim

Dickinson Law Review (2017-Present)

No abstract provided.

A Dime For Your Time: A Case For Compensating The Wrongfully Convicted In South Carolina, Chelsea N. Evans

South Carolina Law Review

No abstract provided.

The Secrets Of Corporate Courtship And Marriage: Evaluating Common Interest Privilege When Companies Combine In Mergers, Jared S. Sunshine

South Carolina Law Review

No abstract provided.

The Ideological Origins Of The Right To Counsel, John Felipe Acevedo

South Carolina Law Review

No abstract provided.

What We Know And Need To Know About Civil Gideon, Tonya L. Brito, David J. Pate Jr., Daanika Gordon, Amanda Ward

South Carolina Law Review

No abstract provided.

Federal Government As Your Partner: What Advocates Should Know About Federal Resources For Veterans' Legal Aid, Allie Yang-Green, Karen Lash

South Carolina Law Review

No abstract provided.

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …

Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert

Belmont Law Review

We’re going to have the opportunity to hear about the road to Tanco v. Haslam, one of the most important individual rights constitutional decisions from the United States Supreme Court in the last half-century. We’ll have an opportunity to gain from Ms. Rubenfeld’s and Ms. Lambert’s perspectives and experiences and hear their stories, Belmont Law Review Modern Legal History Symposium, November 20, 2015.

"Shouting 'Fire' In A Theater": The Life And Times Of Constitutional Law's Most Enduring Analogy, Carlton F.W. Larson

William & Mary Bill of Rights Journal

In 1919, Justice Oliver Wendell Holmes introduced the specter of a man falsely shouting “fire” in a theater into First Amendment law. Nearly one hundred years later, this remains the most enduring analogy in constitutional law. It has been relied on in hundreds of constitutional cases, and it has permeated popular discourse on the scope of individual rights.

This Article examines both the origins and the later life of Holmes’s theater analogy. Part I is a detective story, seeking to solve the mystery of how Holmes came up with this particular example. This story takes us to the forgotten world …

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.

Evolution Of Surface Water Regulation In South Carolina, Mullen Taylor

South Carolina Law Review

No abstract provided.

The Jury As A Political Institution: An Internal Perspective, Robert P. Burns

William & Mary Law Review

In this Essay, I will briefly describe some of the more obvious ways in which the jury has been considered a political institution. I will then discuss the senses in which we can understand the term “political” in the context of the American jury trial. I will describe the senses in which Hannah Arendt, perhaps the most important political philosopher of the twentieth century, tried to distinguish between “the political” and the “the legal” and the limitations of any such distinction. I will then turn to the heart of this Essay, a description of the ways in which the American …

Restoring The Civil Jury's Role In The Structure Of Our Government, Sheldon Whitehouse

William & Mary Law Review

No abstract provided.

From Bards To Search Engines: Finding What Readers Want From Ancient Times To The World Wide Web, Stephen M. Maurer

South Carolina Law Review

No abstract provided.

From Barbarity To Regularity: A Case Study Of Unnecesarean Malpractice Claims, Jamie Abrams

South Carolina Law Review

No abstract provided.

Exposing The Contradiction: An Originalist's Approach To Understanding Why Substantive Due Process Is A Constitutional Misinterpretation, Jason A. Crook

Nevada Law Journal

Few phrases in American jurisprudence have created more of a stir or inspired greater controversy than the seventeen words that comprise the due process clause of the Fourteenth Amendment. Drafted by the Reconstruction Congress in the aftermath of the Civil War, these words have been used to strike down maximum-hours legislation, permit the instruction of foreign languages in schools, and even establish the right of minors to purchase contraceptives. In light of its linguistic incongruity and the versatility of its judicial precedents, one could fairly state that the meaning of the Fourteenth Amendment's due process clause has been the subject …

Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang

William & Mary Bill of Rights Journal

No abstract provided.

The Height Of Sophistication: Law And Professionalism In The City-State Of Charleston, South Carolina, 1670-1775, William E. Nelson

South Carolina Law Review

No abstract provided.

Considering William And Mary's History With Slavery: The Case Of President Thomas Roderick Dew, Alfred L. Brophy

William & Mary Bill of Rights Journal

Amidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery and apologies for those connections.' The divide over attitudes toward apologies falls along racial lines. This Article briefly looks to the controversy on both sides of the apology debates. Among those questions about investigations of the past, universities occupy a special place. Efforts at recovery of their connections to slavery include a study released by graduate students at Yale University in 2001,2 a report by Brown University's …

Foreword: The Legacy Of St. George Tucker, Davison M. Douglas

William & Mary Law Review

No abstract provided.

Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank

William & Mary Law Review

No abstract provided.

Post-Reconstruction Justice: The Prosecution And Trial Of Francis Lewis Cardozo, W. Lewis Burke

South Carolina Law Review

No abstract provided.

A Comment On Justice O'Connor's Quest For Power And Its Impact On African American Wealth, Joan Tarpley

South Carolina Law Review

No abstract provided.

The Transformation Of The American Civil Trial: The Silent Judge, Renée Lettow Lerner

William & Mary Law Review

No abstract provided.

The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz

William & Mary Law Review

No abstract provided.

The Legal History Of The State Of Missouri, Honorable Joseph J. Simeone

Saint Louis University Law Journal

No abstract provided.

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker

William & Mary Law Review

No abstract provided.

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.