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Legal History

2011

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Articles 1 - 30 of 118

Full-Text Articles in Law

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray Dec 2011

Lincoln: The Constitution And The Civil War: An Exhibition, Laura E. Ray

Law Library Research Guides - Archived

January 4 - February 17, 2012, the C|M|Law Library hosts the traveling exhibition Lincoln: The Constitution and the Civil War, an examination of how President Lincoln used the Constitution to confront three intertwined crises of the Civil War - the secession of Southern states, slavery, and wartime civil liberties. The materials highlighted in this guide offer opportunities to further explore the exhibition's themes and assess how Lincoln’s struggles still resonate with constitutional issues today.

The traveling exhibition was organized by the National Constitution Center and the American Library Association (ALA) Public Programs Office, and made possible by a ...


What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin Dec 2011

What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin

Boston College Law School Faculty Papers

William P. Homans Jr. was an iconic civil liberties and criminal defense lawyer who mentored generations of younger lawyers that followed in his path. He appeared in cases that defined his times, from representing targets of the McCarthy-era inquisitions of the 1950s, to defending publishers of books like Tropic of Cancer when the authorities sought to suppress them, to serving on the defense team in the conspiracy trial of internationally-renowned pediatrician Benjamin Spock and four other leaders of the anti-Vietnam-War movement, to defending a doctor charged with manslaughter arising from an abortion he performed soon after Roe v. Wade legalized ...


Pluralism And Property, Gregory S. Alexander Dec 2011

Pluralism And Property, Gregory S. Alexander

Cornell Law Faculty Publications

Welfarism is no longer the only game in the town of property theory. In the last several years a number of property scholars have begun developing various versions of a general vision of property and ownership that, although consistent with welfarism in some respects, purports to provide an alternative to the still-dominant welfarist account. This alternative proceeds under different labels, including “virtue theory” and “progressive,” but for convenience purposes let us call them collectively “social obligation” theories. For what they have in common is a desire to correct the common but mistaken notion that ownership is solely about rights. These ...


The Two Faces Of American Freedom: A Reply, Aziz Rana Oct 2011

The Two Faces Of American Freedom: A Reply, Aziz Rana

Cornell Law Faculty Publications

No abstract provided.


Samantar, Official Immunity And Federal Common Law, Peter B. Rutledge Oct 2011

Samantar, Official Immunity And Federal Common Law, Peter B. Rutledge

Scholarly Works

This essay examines the theoretical underpinnings of the immunity of foreign government officials following the Supreme Court's recent decision in Samantar. Part of a forthcoming symposium with the Lewis and Clark Law Review, the paper tackles the federal common law in the Court's decision and, more broadly, international civil litigation. It criticizes the Court's unexamined assumption that its federal common law power extended to create an immunity that, at best, coexists only uncomfortably alongside the legislative framework of the FSIA. It explains the problematic implications of this assertion of federal common law, both for suits against foreign ...


The Golden Age Of Legal Publishing In Massachusetts, Laurel Davis Sep 2011

The Golden Age Of Legal Publishing In Massachusetts, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Fall 2011 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit included legal books published in Massachusetts from 1649 to 1878.


The Golden Age Of Legal Publishing In Massachusetts [Virtual Exhibit], Laurel Davis Sep 2011

The Golden Age Of Legal Publishing In Massachusetts [Virtual Exhibit], Laurel Davis

Rare Book Room Exhibition Programs

Digital version of a Fall 2011 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit included legal books published in Massachusetts from 1649 to 1878.


All Born To Freedom? Comparing The Law And Politics Of Race And The Memory Of Slavery In The U.S. And France Today, Ariela J. Gross Aug 2011

All Born To Freedom? Comparing The Law And Politics Of Race And The Memory Of Slavery In The U.S. And France Today, Ariela J. Gross

University of Southern California Legal Studies Working Paper Series

Both the United States and France have seen a burgeoning of memorialization of slavery and abolition in recent years, and France has even passed a memorial law declaring slavery a crime against humanity. This Essay compares law, racial politics, and the memory of slavery in two nations trying to come to terms with their slave pasts. Despite important differences in their histories and civil rights regimes, I argue that in both France and the U.S., movements that oppose race-conscious law portray slavery as part of the deep past, and a generalized past detached from race, whereas those seeking some ...


Settlers And Immigrants In The Formation Of American Law, Aziz Rana Aug 2011

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Cornell Law Faculty Publications

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage ...


The Selection Of Thirteenth-Century Disputes For Litigation, Daniel M. Klerman Jul 2011

The Selection Of Thirteenth-Century Disputes For Litigation, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

Priest and Klein's seminal 1984 article argued that litigated cases differ systematically and predictably from settled cases. This article tests the Priest-Klein selection model using a data set of thirteenth-century English cases. These cases are especially informative because juries rendered verdicts even in settled cases, so one can directly compare verdicts in settled and litigated cases. The results are consistent with the predictions of the Priest-Klein article, as well as with the asymmetric-information selection models developed by Hylton and Shavell.


The Marginalist Revolution In Corporate Finance: 1880-1965, Herbert J. Hovenkamp Jul 2011

The Marginalist Revolution In Corporate Finance: 1880-1965, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

During the late nineteenth and early twentieth centuries fundamental changes in economic thought revolutionized the theory of corporate finance, leading to changes in its legal regulation. The changes were massive, and this branch of financial analysis and law became virtually unrecognizable to those who had practiced it earlier. The source of this revision was the marginalist, or neoclassical, revolution in economic thought. The classical theory had seen corporate finance as an historical, relatively self-executing inquiry based on the classical theory of value and administered by common law courts. By contrast, neoclassical value theory was forward looking and as a result ...


A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp Jun 2011

A Preface To Neoclassical Legal Thought, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Most legal historians speak of the period following classical legal thought as “progressive legal thought.” That term creates an unwarranted bias in characterization, however, creating the impression that conservatives clung to an obsolete “classical” ideology, when in fact they were in many ways just as revisionist as the progressives legal thinkers whom they critiqued. The Progressives and New Deal thinkers whom we identify with progressive legal thought were nearly all neoclassical, or marginalist, in their economics, but it is hardly true that all marginalists were progressives. For example, the lawyers and policy makers in the corporate finance battles of the ...


‘That Man Is You!’ The Juristic Person And Faithful Love, Scott T. Fitzgibbon Jun 2011

‘That Man Is You!’ The Juristic Person And Faithful Love, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

“The science of law,” it has been said, “must be drawn from man’s inmost nature.” The science of obligation – the dimension of jurisprudence that concerns duties – must be founded upon the experiences of humanity. It should draw upon insight into human flourishing, and it should base its conclusion upon the basic goods involved in human life. Similar recommendations might be suggested for the “science,” if it is one, of love. This paper aims to pursue those projects.

The story of David, Bathsheba, and Nathan sheds much light on man’s inmost nature, and on obligation, love, and law. Nathan ...


The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya Jun 2011

The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya

Faculty Articles and Papers

This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart. Although largely forgotten until now, the rise and fall of this cartel confirms the expectations of both cartel theory and past studies of insurance cartels, largely in ...


Righting The Relationship Between Race And Religion In Law, Nomi M. Stolzenberg Jun 2011

Righting The Relationship Between Race And Religion In Law, Nomi M. Stolzenberg

University of Southern California Legal Studies Working Paper Series

This review discusses the interrelationship of race and religion in law, the subject of Eve Darian-Smith's new book, which seeks to rectify the neglect of religion in the study of race and law and the parallel neglect of race in studies of law and religion. Concurring with the book’s basic propositions, that the segregation of race and religion into separate fields of legal studies needs to be overcome and the religious origins of fundamental liberal legal ideas need to be recognized, I tease out different ways in which race and religion can be “linked” and religion can “play ...


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.


Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile May 2011

Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile

Student Legal History Papers

Nick Pastore will forever be known as one of New Haven’s most colorful historical figures. The Chief of Police in New Haven from 1990 to 1997, Pastore was well-known for his outrageous comments and unusual antics. New Haven’s chief proponent of community policing, Pastore referred to himself in interviews as “’an outstanding patrol officer,’ a ‘super crime-fighting cop,’ ‘a good cop with the Mafia,’ [and] ‘Sherlock Holmes.’” Pastore, unlike his immediate predecessor, highly valued working with the community and advocated for a focus on reducing crime rather than increasing arrests. Pastore once informed that New York Times that ...


Meaningful Community Participation In Land Use Decision Making Through Ad Hoc Procedures In New Haven, Connecticut, Laura Huizar May 2011

Meaningful Community Participation In Land Use Decision Making Through Ad Hoc Procedures In New Haven, Connecticut, Laura Huizar

Student Legal History Papers

The last few decades have seen efforts to develop community-based planning models and other mechanisms for increased community participation in the land use approval process. Community Benefits Agreements (CBAs), in particular, have risen in popularity across the nation as a tool for ensuring meaningful participation in development. Such agreements generally arise from direct negotiation between community groups and developers where community groups push to secure community benefits in exchange for support. At the same time, however, takings law doctrine may be shifting in a way that could dissuade cities from actively incorporating community groups into planning or negotiating with developers ...


Diffuse Aspirations: Mixed-Income Housing In The Context Of For-Profit Urban Revitalization, Christopher Miller May 2011

Diffuse Aspirations: Mixed-Income Housing In The Context Of For-Profit Urban Revitalization, Christopher Miller

Student Legal History Papers

This paper evaluates the success of mixed-income housing in the context of a for-profit development in New Haven, Connecticut. It takes as its sample the development and the tenants of The Residences at Ninth Square, a mixed-use, mixed-income apartment complex located in the center of the historic city. The early parts of the paper (Parts II-III) tell the story of the neighborhood and contextualize the study in the geography and the history of New Haven, Connecticut. Part IV describes the development in detail. Part V looks to the expectations and commitments undertaken by the developers of The Residences. Part VI ...


Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Analysis, W. Bradley Wendel May 2011

Explanation In Legal Scholarship: The Inferential Structure Of Doctrinal Analysis, W. Bradley Wendel

Cornell Law Faculty Publications

This paper aims to understand the logic that underlies a familiar type of legal scholarship, in which the author purports to explain or render intelligible some legal doctrine or area of law in terms of an end or rationale. Loosely speaking, the argument is that some doctrine is "all about" some end. This form of argument is familiar but undertheorized, so this paper draws from the philosophy of science, particularly the notion of inference to the best explanation (IBE), to clarify the underlying rhetorical strategy of doctrinal legal scholarship. One way of making IBE arguments with reference to legal doctrine ...


The Michael H. Hoeflich Collection Of Roman Law Books - Spring 2011: An Illustrated Guide To The Exhibit, Karen S. Beck Apr 2011

The Michael H. Hoeflich Collection Of Roman Law Books - Spring 2011: An Illustrated Guide To The Exhibit, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2011 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibition featured books on the subject of Roman law donated to the Boston College Law Library by Michael H. Hoeflich. This exhibit was the first of two on this topic.


Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala Apr 2011

Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar Apr 2011

Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar

All Faculty Scholarship

No abstract provided.


A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione Apr 2011

A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione

Georgetown Law Faculty Publications and Other Works

The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social ...


Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring Apr 2011

Review Of Compact, Contract, Covenant: Aboriginal Treaty Making In Canada. By J.R. Miller., Sidney L. Harring

Great Plains Research: A Journal of Natural and Social Sciences

In Canada, the term First Nations explicitly recognizes a nation-to-nation relationship between the Crown and the original inhabitants of North America that requires treaty making as the primary political and legal process for the taking of Indian lands and the incorporation of Indian nations into the multinational Canadian state. There are great political difficulties embodied in this process, including the continued impoverishment and marginalization of the First Nations, and the repeated failure of successive Canadian governments to carry out their responsibilities under these treaties, but the treaty process remains the required process. J.R. Miller, perhaps Canada's leading scholar ...


Forgetting Oblivion: The Demise Of The Legislative Pardon, Bernadette A. Meyler Mar 2011

Forgetting Oblivion: The Demise Of The Legislative Pardon, Bernadette A. Meyler

Cornell Law Faculty Working Papers

Since the post-Civil War cases arising out of conflicts over the proper location of the amnesty power, it has generally been thought that pardon and amnesty are synonymous and that the capacity to effect both is vested in the President under Article II. The history of the English version of amnesty—oblivion—within the seventeenth and eighteenth centuries and the colonial and state oblivions that were legislatively enacted from 1650 through the period of the Second Continental Congress suggest otherwise. Oblivion was distinct from pardoning because it erased the underlying events rather than remitting punishment and often arose as a ...


Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011) Mar 2011

Patrick Peel, The American Justice Of The Peace, Legal Populism, And Social Intermediation: 1645 To 1860, Paper Presented To Conference On Colonies And Postcolonies Of Law, Princeton University (Mar. 18, 2011)

Documents from Dimension II: Habeas Corpus as a Legal Remedy (article)

… discussing differences between social role of American and English J.P’s, they were a natural target of damages actions.


Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Mar 2011

Conference Program -- Association For The Study Of Law, Culture, & The Humanities 14th Annual Conference, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

The UNLV William S. Boyd School of Law hosted the Association for the Study of Law, Culture & the Humanities 14th Annual Conference from March 11-12, 2011. The Association brings together more than 275 interdisciplinary scholars from around the world each year to discuss law and legal issues from a broad perspective. Scholars attended the meeting at UNLV from Australia, Canada, England, Ireland, Italy, New Zealand and Sweden. The theme of the conference, drawing on the work of Nan Seuffert of the University of Waikato, was "Boundaries and Enemies."

The Association for the Study of Law, Culture and the Humanities is ...


Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Mar 2011

Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.