Law Commons^™

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt

Articles

No abstract provided.

A Slave's Marriage: Dowry Or Deposit, Alan Watson

Scholarly Works

This articles examines the concept of dowry among marriage of slaves in ancient Rome.

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Historical Committee — Minutes And Agendas, Roger J. Miner '56

Legal History

No abstract provided.

Review Of Transforming Political Discourse, Donald J. Herzog

Reviews

Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …

Historical Study Of Personal Injury Litigation: A Comment On Method, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

In this piece, Russell argues in favor of archival work in the trial-court records rather than appellate court reports in order to gain a more accurate historical view.

Law And Equity In Contract Enforcement, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …

Book Review: Slave Law In The Americas, David S. Bogen

Faculty Scholarship

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.

The Warren Court In American Fiction, Maxwell Bloomfield

Scholarly Articles

No abstract provided.

How Privacy Got Its Gender, Anita L. Allen, Erin Mack

All Faculty Scholarship

No abstract provided.

Just The Facts: The Field Code And The Case Method, William P. Lapiana

Articles & Chapters

No abstract provided.

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.

One Hundred Years Of Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Eras Of The First Amendment, David S. Yassky

Elisabeth Haub School of Law Faculty Publications

Part I will begin the story with the Founders' understanding of the structural role of the First Amendment. In this understanding, the First Amendment served as a bulwark of state independence. Along with the rest of the Bill of Rights, the First Amendment had as its primary purpose maintenance of the federal system--or, more precisely, protection of the states against federal government overreaching. The Founders' plan left the individual states entirely free to regulate speech, while strictly prohibiting the federal government from displacing the states' various speech regimes.

When the Civil War dramatically reshaped the federal-state relationship, the structural purpose …

Foreword: The New York Law School Centennial Conference In Honor Of Justice John Marshall Harlan, James F. Simon

Articles & Chapters

No abstract provided.

On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens

Faculty Articles

Associate Supreme Court Justice William J. Brennan took the oath of office on October 16, 1956. At the time of Justice Brennan’s appointment to the Supreme Court, the Court had decided only a few cases involving the religion clauses of the first amendment, and judicial interpretation of the religion clauses had been sparing.

In the thirty-four years of Justice Brennan’s tenure, the Court worked several revolutions in religion clause jurisprudence—revolutions guided by a sense of the needs of a changing society. Justice Brennan was one of several architects of a new order in establishment clause interpretation, and was the architect …

Peyote, Multiculturalism, And The Caricature Of The West, Robert G. Natelson

Faculty Law Review Articles

This article critiques what the author views as the resurrection of the old New Left -- the radical multiculturalists, the "critical" legal and literary schools, the radical feminists, and the radical environmentalists. The author argues that the goal of the New Left is to stereotype the Western tradition, reduce the claim of that tradition on the curriculum, and to fill the gap with propaganda disguised as foreign culture, and through this process encourage coercive interdependence and a disdain for drawing lines between public and private life.

Presenting Expert Testimony, James H. Seckinger

Journal Articles

Mindful that the readers of this Commentary include both experienced advocates as well as lawyers embarking on new careers in the courtroom, this author has divided the Commentary into two parts. The first part considers the seven touchstones for a persuasive direct examination of an expert witness. This discussion should be useful for the experienced and inexperienced advocate alike. The second part of the paper is intended as a primer on practical matters surrounding the selection, preparation, and presentation of an expert as a witness at trial. Experienced advocates may find in these pages confirmation of their practice concerning the …

Specialized Courts In Administrative Law, Harold H. Bruff

Publications

No abstract provided.

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.

Book Review Of A Radical Lawyer In Victorian England: W. P. Roberts And The Struggle For Workers' Rights By Raymond Challinor, W. Wesley Pue

All Faculty Publications

This essay assesses the history of one of Britain's most important lawyers for the working class through a critical review of Raymond Challinor's ground-breaking work. The life of W. P. Roberts spanned crucial decades of the nineteenth Century. Admitted to the lower branch of the legal profession in Bath in 1827 W. P. Roberts converted from Toryism in the first decade of his professional life to emerge as a leading figure in the Bath Working Men's Association by 1837. Apparently motivated by a deeply-held Christian belief in an essential human dignity, Roberts' consistently employed the law as a shield in …

Reactions To Opression: Jurisgenesis In The Jurispathic State, John Valery White

Scholarly Works

This Note offers a model for analyzing the political and legal traditions of oppressed communities and developing a jurisprudence that accurately reflects the communities' views. Under this model, each of these diverse views can be understood from one of four perspectives: parochialism, fatalism, neo-liberalism, and individualism. These four perspectives are defined by an oppressed community's members' aspirations for liberation. Different ideals of justice and liberation underlie each perspective. Though touching on some of the communities' sentiments, the examinations of scholars of color have thus far been largely piecemeal, overemphasizing certain views, unwittingly combining divergent views, or marginalizing and dismissing unpopular …

Punishing Drug Addicts Who Have Babies: Women Of Color, Equality, And The Right Of Privacy, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.