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Full-Text Articles in Law

Appealing Magna Carta, Thomas J. Mcsweeney Dec 2023

Appealing Magna Carta, Thomas J. Mcsweeney

Faculty Publications

In 1999, Professor Richard Helmholz published Magna Carta and the Ius Commune, in which he argued that some of the ideas and language found in Magna Carta provide evidence that the early common law was engaging with the ius commune, the ancestor of modern civil law traditions. This Essay examines one piece of evidence highlighted by Helmholz and more recently by Professor Charles Donahue: that the Articles of the Barons, a preparatory document for Magna Carta, uses a phrase borrowed from canon law, appellatione remota (without possibility of appeal). Helmholz and Donahue pointed to its use as evidence that …


The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen Jul 2022

The Supreme Court Decisions On Guns And Abortion Relied Heavily On History. But Whose History?, Allison Orr Larsen

Popular Media

No abstract provided.


Were Justices Lawyers?, Thomas J. Mcsweeney Mar 2020

Were Justices Lawyers?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Legal Genres, Thomas J. Mcsweeney Mar 2020

Legal Genres, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Who Are The "We"?, Thomas J. Mcsweeney Mar 2020

Who Are The "We"?, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Putting The People Into Legal History, Thomas J. Mcsweeney Mar 2020

Putting The People Into Legal History, Thomas J. Mcsweeney

Popular Media

No abstract provided.


The Overly Familiar Treatise, Thomas J. Mcsweeney Mar 2020

The Overly Familiar Treatise, Thomas J. Mcsweeney

Popular Media

No abstract provided.


Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney Apr 2018

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Faculty Publications

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …


The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy Oct 2016

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Library Staff Publications

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.


The Corpus Juris Civilis, Frederick W. Dingledy Apr 2016

The Corpus Juris Civilis, Frederick W. Dingledy

Library Staff Publications

Byzantine Emperor Justinian I ordered the creation of the Corpus Juris Civilis, a compilation of the laws in force at the time, which would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States' law used principles listed the Corpus as a guide, and to this day legal scholars and historians still refer to it. Despite its importance, the Corpus can seem impenetrable to researchers, citations to the Corpus enigmatic. This program will give a history of the Corpus, describe its components, and give participants tools for researching …


Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney Mar 2016

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Faculty Publications

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …


Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney Feb 2016

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


The Corpus Juris Civilis, Frederick W. Dingledy Nov 2015

The Corpus Juris Civilis, Frederick W. Dingledy

Library Staff Publications

The Corpus Juris Civilis, created by order of Byzantine Emperor Justinian I to compile the laws in force at the time, would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States’ law used principles listed in the Corpus as a guide, and to this day legal scholars and historians still refer to it. As a system of law based on principles, not case law, the Corpus provided the framework upon which France built the Code Napoleon. The Corpus' influence can be seen in the legal systems …


"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy Jul 2015

"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy

Library Staff Publications

No abstract provided.


Happy 790th, Magna Carta!, Thomas J. Mcsweeney Apr 2015

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Popular Media

No abstract provided.


The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike Feb 2015

The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike

Faculty Publications

No abstract provided.


Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney Oct 2014

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


America’S Legal History Started In Williamsburg, Paul Hellyer Jun 2014

America’S Legal History Started In Williamsburg, Paul Hellyer

Library Staff Publications

No abstract provided.


A Theory Of Civil Liability, Nathan B. Oman Jan 2014

A Theory Of Civil Liability, Nathan B. Oman

Faculty Publications

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney Jan 2014

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar Apr 2013

Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar

Library Staff Publications

No abstract provided.


The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas Apr 2013

The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas

Faculty Publications

The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures at George Washington Law School of …


Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar Jan 2013

Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar

Library Staff Publications

The Wolf Law Library at the College of William and Mary initiated a project to re-create the library of George Wythe, the founding father of American legal education. A relatively small number of Wythe’s books are still extant today; for some volumes, there is strong documentary evidence to prove conclusively he owned specific editions of particular titles. Additionally, four bibliographies with varying levels of substantiating information provide insight into the contents of Wythe’s library. Examination of these sources launched an excursion into bibliographic history and rare book collecting that illuminates the difficulties in attempting to establish the exact editions contained …


Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney Jan 2013

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller Jun 2012

From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller

Library Staff Publications

No abstract provided.


The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl May 2011

The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl May 2011

How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman Mar 2011

Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman

Faculty Publications

In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …


The Reasonable Person In Trademark Law, Laura A. Heymann Apr 2008

The Reasonable Person In Trademark Law, Laura A. Heymann

Faculty Publications

No abstract provided.


Does Dworkin Commit Dworkin’S Fallacy?: A Reply To Justice In Robes, Michael S. Green Apr 2008

Does Dworkin Commit Dworkin’S Fallacy?: A Reply To Justice In Robes, Michael S. Green

Faculty Publications

In an article entitled ‘Dworkin’s Fallacy, Or What the Philosophy of Language Can’t Teach Us about the Law’, I argued that in Law’s Empire Ronald Dworkin misderived his interpretive theory of law from an implicit interpretive theory of meaning, thereby committing ‘Dworkin’s fallacy’. In his recent book, Justice in Robes, Dworkin denies that he committed the fallacy. As evidence he points to the fact that he considered three theories of law—‘conventionalism’, ‘pragmatism’ and ‘law as integrity’—in Law’s Empire. Only the last of these is interpretive, but each, he argues, is compatible with his interpretive theory of meaning, which he describes …