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Articles 1 - 7 of 7
Full-Text Articles in Law
The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash
The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash
Law Faculty Publications
This article presents previously unrecognized evidence regarding the original meaning of the Ninth Amendment. Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention demands for a constitutional amendment prohibiting the constructive enlargement of federal power. James Madison's initial draft of the Ninth Amendment expressly adopted the language suggested by the state conventions and he insisted the final draft expressed the same rule of construction desired by the states. In an episode previously unnoticed by scholars, …
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
In Search Of Themis: Toward The Meaning Of The Ideal Legislator--Senator Edmund S. Muskie And The Early Development Of Modern American Environmental Law, 1965-1968, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo
Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo
Law Faculty Publications
Models of legal ordering are frequently hierarchical. These models do not explain two prominent realities: (1) variation in the content of a legal system, and (2) patterns of non-hierarchical ordering that we observe. As a supplement to hierarchical explanations of legal order, this Article, drawing from physical and social science research on complex systems, offers a self-organizing model. The self-organizing model focuses on variation in the content of legal systems and attempts to explain the relationship between that variation and patterns of ordering. The self-organizing model demonstrates that variation and ordering are not opposite categories, but rather constitute one continuous …
Judicial Independence In Virginia Dedicated To Chief Justice Harry L. Carrico, William Hamilton Bryson
Judicial Independence In Virginia Dedicated To Chief Justice Harry L. Carrico, William Hamilton Bryson
Law Faculty Publications
The political will of the people of the Commonwealth of Virginia is expressed in the Constitution of Virginia, which created the government of Virginia. Every Constitution of Virginia from 1776 to the present has divided the government among the General Assembly of Virginia, the legislature; the governor, who is the chief executive officer; and the judiciary, a system of courts. Each of these three branches of the government was created as a separate, independent branch of the government. However, they are not totally independent; they must of necessity interact. Furthermore, each Constitution of Virginia has put into place various checks …
Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson
Some Old Problems In England And Some New Solutions From Virginia, William Hamilton Bryson
Law Faculty Publications
The fundamental ideal to which we aspire in the field of civil procedure is the perfect balance between expeditious results and correct results in the administration of justice. Two famous quotations from two famous English Equity judges come to mind. John Scott, Lord Eldon, the Lord Chancellor of Great Britain from 1801 to 1827 who was often criticized for being excessively dilatory, said, 'sat cito si sat bene'. Sir George Jessel, Master of the Rolls from 1873 to 1883, once said, 'I may be wrong and sometimes am, but I never have any doubts'. Jessel had his docket under firm …
The Presidential Oath, The American National Interest And A Call For Presiprudence, Robert F. Blomquist
The Presidential Oath, The American National Interest And A Call For Presiprudence, Robert F. Blomquist
Law Faculty Publications
No abstract provided.
Advocacy As History? That Takes The Prize! Gulag: A History [Book Review], Dana Neacsu
Advocacy As History? That Takes The Prize! Gulag: A History [Book Review], Dana Neacsu
Law Faculty Publications
Gulag: A History, the recipient of the 2004 Pulitzer Prize for general non-fiction, may be particularly well received by lawyers and law students because they can appreciate author Anne Applebaum's writing skills. Gulag reads like a lawyer's product: a conclusion replete with facts and arguments. Those who enjoy perfecting their legal skills while reading for pleasure should read this review. Gulag is, in essence, a successful legal brief.