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Full-Text Articles in Law

Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard Jan 1979

Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard

University of Richmond Law Review

A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."


The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall Jan 1979

The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall

Michigan Journal of International Law

The Trade Act of 1974 represented the most significant reformulation of United States international economic policy since the Trade Agreements Act of 1934. Responding to criticism from several quarters, Congress included in the Act major additions to the laws dealing with unfair foreign trade practices. In particular, the Act contained several measures intended to expedite the processing of antidumping complaints. One of these measures, the so-called "fast-track" provision, created a potentially powerful administrative mechanism to permit the summary dismissal of clearly unmeritorious complaints. Unfortunately, implementation of this amendment has suffered from a lack of legislative guidance, and it is not …


The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie Jan 1979

The "Dix-Hill Cartel" For The General Exchange Of Prisoners Of W Arentered Into Between The Union And Confederate Armies (22 July 1862), Howard S. Levie

International Law Studies

No abstract provided.


Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash Jan 1979

Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash

Vanderbilt Law Review

The results most relevant to the concerns of this Article are of course the effects upon how we judge the judges-for almost always we are sufficiently Whiggish to attempt such a judgment, either explicitly or implicitly. At times the consequence of so summing can be to imagine that one catches the judicial conscience by asking questions phrased as Sentence D's query, whether the judges"collaborated" in a system of racial oppression. When we put the question this way, two unfortunate things happen. First, we create a verbal and historical muddle, for if anything ought to be clear by now it is …


St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen Jan 1979

St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen

Vanderbilt Law Review

A study of Marshall's early career suggests several reasons for constitutionalism fundamentally different from that of Tucker, a constitutionalism that became law in the early Republic because of Marshall's position on the Supreme Court. The writings and careers of southern constitutionalists like Tucker also merit further study in order to fully appreciate the growing divergence between the views originally expressed by him and those embraced by the nationalists, who decreased in number in the South after Marshall's time. Finally, we should develop a better understanding of the influence of southerners on the formation of legal and constitutional systems in other …


Foreword, James W. Ely, Terry Calvani Jan 1979

Foreword, James W. Ely, Terry Calvani

Vanderbilt Law Review

In the hope of giving some direction for a regional approach to the legal past of the South, Vanderbilt Law School, with the generous assistance of the University Research Council, sponsored a two-day Symposium on this important topic in the spring of 1978 and invited leading scholars to participate. Principal papers by Richard Maxwell Brown, Maxwell H. Bloomfield, Robert M. Ireland, A. E. Keir Nash, and Robert J. Haws and Michael V. Namorato discussed diverse aspects of southern legal history.


Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie Jan 1979

Conditions Of An Armistice Between The Allied And Associated Powers And Germany (Compiegne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.


Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie Jan 1979

Treaty Of Peace Between Russia And Esthonia (Tartu, 2 February 1920), Howard S. Levie

International Law Studies

No abstract provided.


Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie Jan 1979

Rules Of Aerial Warfare Drafted By An International Commission Of Jurists Established By The 1922 Washington Diplomatic Conference On The Limitation Of Armament (The Hague, 19 February 1923), Howard S. Levie

International Law Studies

No abstract provided.


Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr. Jan 1979

Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.


The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau Jan 1979

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Seattle University Law Review

Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …


New Developments In Law In The People's Republic Of China, Stanley B. Lubman Jan 1979

New Developments In Law In The People's Republic Of China, Stanley B. Lubman

Northwestern Journal of International Law & Business

Recently, Chinese leaders have begun to promote the development of legal standards andformal legal institutions for China. In this article, Mr. Lubman explores the background and current status of the role of law in China and assesses its relationship to China's economic development, domestic politics, and international economic relations. Mr. Lubman suggests that students of Chinese law must create new theoreticalperspectives to study the new developments.


China's Changing Constitution , Jerome Alan Cohen Jan 1979

China's Changing Constitution , Jerome Alan Cohen

Northwestern Journal of International Law & Business

In 1978, the People's Republic of China promulgated its third constitution since the communist revolution. In many respects, the new constitution reflects the attitudes andpolicies of Peking's current leadershp. In this article, Professor Cohen analyzes the changes wrought by the new constitution in property relations, restraints on executive power, and the protection of individual liberties by comparing it with its predecessors.