Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (12)
- University of Colorado Law School (8)
- Cornell University Law School (6)
- American University Washington College of Law (4)
- Roger Williams University (4)
-
- University of Michigan Law School (4)
- University of Richmond (4)
- Barry University School of Law (3)
- UIC School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- Fordham Law School (2)
- Georgetown University Law Center (2)
- Notre Dame Law School (2)
- Pace University (2)
- Seattle University School of Law (2)
- St. John's University School of Law (2)
- University of Connecticut (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida International University College of Law (1)
- Georgia State University College of Law (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Keyword
-
- Legal history (7)
- Legal History (6)
- Law (4)
- Evidence (3)
- History (3)
-
- International law (3)
- Supreme Court (3)
- Constitutional theory (2)
- Contracts (2)
- Copyright (2)
- Corporations (2)
- Education Law (2)
- Equality (2)
- Indigenous peoples (2)
- Intellectual property (2)
- International Law: History (2)
- Jurisprudence (2)
- Law and literature (2)
- Legal Education (2)
- Maryland (2)
- Religion (2)
- Religious freedom (2)
- Rhode Island legal sources (2)
- Toleration (2)
- ADR (1)
- ADR Scholarship (1)
- Administration of Justice (1)
- Administrative law (1)
- Adopted Children (1)
- Agency (1)
- Publication
-
- All Faculty Scholarship (13)
- Faculty Scholarship (12)
- Publications (8)
- Articles (6)
- Cornell Law Faculty Publications (6)
-
- Faculty Publications (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Law Faculty Publications (4)
- Law Faculty Scholarship (3)
- UIC Law Open Access Faculty Scholarship (3)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Articles (2)
- Faculty Articles and Papers (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Articles (2)
- Scholarly Works (2)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- College of Law - Faculty Scholarship (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications By Year (1)
- Faculty Publications and Presentations (1)
- Faculty Works (1)
- Law & Economics Working Papers Archive: 2003-2009 (1)
- Law Faculty Articles and Essays (1)
- Law Library Staff Publications (1)
- Legal Oral History Project (1)
- Other Publications (1)
- Semester Schedules and Information (1)
- UF Law Faculty Publications (1)
Articles 1 - 30 of 90
Full-Text Articles in Law
Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp
Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp
All Faculty Scholarship
The history of IP/antitrust litigation is filled with exaggerated notions of the power conferred by IP rights and imagined threats to competition. The result is that antitrust litigation involving IP practices has seen problems where none existed. To be sure, finding the right balance between maintaining competition and creating incentives to innovate is no easy task. However, the judge in an IP/antitrust case almost never needs to do the balancing, most of which is done in the language of the IP provisions. The role of antitrust tribunals is the much more limited one of ensuring that any alleged threat to …
Property As Entrance, Eduardo M. Peñalver
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival
Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival
Faculty Scholarship
The papers of the late Justice Harry A. Blackmun provide a remarkably rich archive that documents how the Court, for nearly a quarter century, handled environmental cases during a period crucial to the development of environmental law. This Article reviews highlights of what the Blackmun papers reveal about the U.S. Supreme Court’s handling of environmental cases during Justice Blackmun’s service on the Court from 1970 to 1994. The Article first examines what new light the Blackmun papers shed on some of the principal findings of the author’s October 1993 article Environmental Law in the Supreme Court: Highlights from the Marshall …
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
Cornell Law Faculty Publications
This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …
On Giving Legal Form Its Due. A Study In Legal Theory, Robert S. Summers
On Giving Legal Form Its Due. A Study In Legal Theory, Robert S. Summers
Cornell Law Faculty Publications
The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms, …
Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
TImothy J. Carson (W '70) has practiced in Philadelphia for forty years in the field of public sector law, especially public finance. He is currently a partner at Dilworth Paxson LLP. He is an elected Fellow of the American College of Bond Counsel.
Some Thoughts On Herb Johnson's Favorite Court, R. Kent Newmyer
Some Thoughts On Herb Johnson's Favorite Court, R. Kent Newmyer
Faculty Articles and Papers
No abstract provided.
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Roger Williams On Liberty Of Conscience, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle
Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank
Faculty Scholarship
No abstract provided.
2006-07 Curriculum, Office Of Registrar
2006-07 Curriculum, Office Of Registrar
Semester Schedules and Information
No abstract provided.
Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power
Calvert Versus Carroll: The Quit-Rent Controversy Between Maryland's Founding Families, Garrett Power
Faculty Scholarship
This essay examines the historical background behind the 1826 U.S. Supreme Court case of Cassell v. Carroll. The legal merits in the case concerned arcane questions of feudal property law which the Court avoided and left unanswered. Today the case is of little jurisprudential significance. It is the historical record behind Cassell v. Carroll that tells a story that continues to be of interest and importance today. It provides a window on the economic and social life in provincial Maryland. It tells the tale of two dysfunctional dynasties—the Barons of Baltimore (the Calverts), who lost their faith, their fortune …
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck
The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan Franck
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Hadley V. Baxendale And Other Common Law Borrowings From The Civil Law, Wayne Barnes
Hadley V. Baxendale And Other Common Law Borrowings From The Civil Law, Wayne Barnes
Faculty Scholarship
In 1854, the English Exchequer Court delivered the landmark case of Hadley v. Baxendale. That case provided, for the first time in the common law, a defined rule regarding the limitations on recovery of damages for breach of contract. It has been widely celebrated as a landmark in the law of contracts, and more widely as a triumph of the common law system. A little over a decade after it was decided, it had already become highly regarded, for Chief Baron Pollock stated in 1866: “[A] more extensive and accurate knowledge of decisions in our law books, and a more …
The Cyclical Transformations Of The Coporate Form: A Historical Pespective On Corporate Social Responsibility, Reuven S. Avi-Yonah
The Cyclical Transformations Of The Coporate Form: A Historical Pespective On Corporate Social Responsibility, Reuven S. Avi-Yonah
Law & Economics Working Papers Archive: 2003-2009
This Article describes the transformations underwent by the corporate form from its Roman origins to the present. It shows that every time there was a shift in the role of the corporation, three theories of the corporation (the aggregate, artificial, and real entity theories) were brought forward in cyclical fashion. However, every time the real entity theory prevailed, and it is the dominant theory during periods of stability in the relationship between the corporation, the shareholders, and the state. The article describes this evolution in detail, and then attempts to derive normative consequences for the legitimacy of corporate social responsibility …
Engendering Legal History, Felice J. Batlan
Engendering Legal History, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert C. Hockett
The Deep Grammar Of Distribution: A Meta-Theory Of Justice, Robert C. Hockett
Cornell Law Faculty Publications
No abstract provided.
The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg
The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
The Lost Jurisprudence Of The Ninth Amendment, Kurt T. Lash
The Lost Jurisprudence Of The Ninth Amendment, Kurt T. Lash
Law Faculty Publications
It is widely assumed that the Ninth Amendment languished in constitutional obscurity until it was resurrected in Griswold v. Connecticut by Justice Arthur Goldberg. In fact, the Ninth Amendment played a significant role in some of the most important constitutional disputes in our nation's history, including the scope of exclusive versus concurrent federal power, the authority of the federal government to regulate slavery, the constitutionality of the New Deal, and the legitimacy and scope of incorporation of the Bill of Rights into the Fourteenth Amendment. The second of two articles addressing the Lost History of the Ninth Amendment, The Lost …
The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson
The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson
Law Faculty Publications
The history of the prerogative of the sovereign, the lex prerogativa, in Anglo American jurisprudence is long and complicated. It has exercised the minds of jurists and political philosophers for many centuries, and there has not been universal agreement as to its nature and scope. The purpose of this essay, as prompted by the two quotations just given, is to describe the prerogative law and trace its development from medieval England to modem Virginia.
Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski
Congress's Power To Enforce Fourteenth Amendment Rights: Lessons From Federal Remedies The Framers Enacted , Robert J. Kaczorowski
Faculty Scholarship
Professor Robert Kaczorowski argues for an expansive originalist interpretation of Congressional power under the Fourteenth Amendment. Before the Civil War Congress actually exercised, and the Supreme Court repeatedly upheld plenary Congressional power to enforce the constitutional rights of slaveholders. After the Civil War, the framers of the Fourteenth Amendment copied the antebellum statutes and exercised plenary power to enforce the constitutional rights of all American citizens when they enacted the Civil Rights Act of 1866 and then incorporated the Act into the Fourteenth Amendment. The framers of the Fourteenth Amendment thereby exercised the plenary power the Rehnquist Court claims the …
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
The Code Napoléon, Buried But Ruling In Latin America, M C. Mirow
Faculty Publications
Following Maitland's famous observation on the place of the forms of action in English law at the beginning of the twentieth century, this essay argues that the Code Napoleon has had a similar effect on Latin American law. It examines various factors that have served to bury the Code and those that have served to continue its rule in Latin America. For Latin America, the author paraphrases Maitland to assert that the Code Napoleon we have buried, but it still rules us from its grave.
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson
Law Library Staff Publications
No abstract provided.
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson
Law Faculty Scholarship
No abstract provided.
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky
All Faculty Scholarship
No abstract provided.
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Screening Historical Sexualities: A Roundtable On Sodomy, South Africa, And Proteus, Noa Ben-Asher, R. Bruce Brasell, Daniel Garrett, John Greyson, Jack Lewis, Susan Newton-King
Screening Historical Sexualities: A Roundtable On Sodomy, South Africa, And Proteus, Noa Ben-Asher, R. Bruce Brasell, Daniel Garrett, John Greyson, Jack Lewis, Susan Newton-King
Faculty Publications
(Excerpt)
Proteus (2003; 100 min., Canada and South Africa) is a low-budget feature film, directed by John Greyson (Toronto) and Jack Lewis (Cape Town), that made the international rounds of “art cinema” and queer festivals in 2003 and 2004, with limited theatrical release in New York, Toronto, and other cities. The film advances Greyson’s and Lewis’s experiments with political essay-narrative forms both in their respective documentary, experimental, and dramatic videos dating back to the early 1980s (including Lewis’s Apostles of Civilized Vice [1999]) and in Greyson’s theatrical feature films beginning with Urinal in 1988. Based on an early-eighteenth-century court record, …
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein
Publications
No abstract provided.
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Publications
No abstract provided.