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Articles 1 - 30 of 105
Full-Text Articles in Law
The Opinion Volume 33 Number 8 – December 1, 1992, The Opinion
The Opinion Volume 33 Number 8 – December 1, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 1, 1992
The Meaning Of "Under Color Of" Law, Steven L. Winter
The Meaning Of "Under Color Of" Law, Steven L. Winter
Michigan Law Review
The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …
The Opinion Volume 33 Number 7 – November 10, 1992, The Opinion
The Opinion Volume 33 Number 7 – November 10, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 10, 1992
The Opinion Volume 33 Number 6 – October 27, 1992, The Opinion
The Opinion Volume 33 Number 6 – October 27, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 27, 1992
The Opinion Volume 33 Number 5 – October 14, 1992, The Opinion
The Opinion Volume 33 Number 5 – October 14, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 14, 1992
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Faculty Publications
No abstract provided.
Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell
Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
No abstract provided.
The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall
The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall
Cornell Law Faculty Publications
No abstract provided.
Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen
Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen
Scholarly Works
Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor. Moe assigns his right first to Faye and then to Clay. Whom must Mae pay, Faye or Clay? For more than a century, judges have struggled with successive assignments to different persons of the same contract right. These cases which typically involve rights to monetary payments called "accounts" have generated subtleties of doctrine and disagreements among courts. Today, as a general rule, the Uniform Commercial Code controls these cases. Ambiguities, however, lurk in the code. Cryptic common-law doctrines also continue to govern many successive-assignment problems. …
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Articles
No abstract provided.
Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety
Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety
Dalhousie Law Journal
Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire
Dalhousie Law Journal
This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …
The "Colored Barrister": The Short Life And Tragic Death Of James Robinson Johnston, 1876-1915, Barry Cahill
The "Colored Barrister": The Short Life And Tragic Death Of James Robinson Johnston, 1876-1915, Barry Cahill
Dalhousie Law Journal
The mortal remains of James Robinson Johnston, Nova Scotia's first Black lawyer, lie buried in the family plot at Camp Hill Cemetery in Halifax. The gravestone epigraphy records that he was a Good Templar, a Freemason and an Oddfellow; his Dalhousie University degrees (one of them inaccurately); and the fact that he died a mere nine days short of his thirty-ninth birthday. "Gone but not forgotten" reads the epitaph, much less ironically now - in view of the fact that the recently established Chair in Black Canadian Studies at his alma mater has been named in Johnston's honour-than it ever …
The Opinion Volume 33 Number 4 – September 30, 1992, The Opinion
The Opinion Volume 33 Number 4 – September 30, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 30, 1992
The Opinion Volume 33 Number 3 – September 15, 1992, The Opinion
The Opinion Volume 33 Number 3 – September 15, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 15, 1992
Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James
Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James
In the Public Interest
No abstract provided.
The Opinion Volume 33 Number 2 – August 31, 1992, The Opinion
The Opinion Volume 33 Number 2 – August 31, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated August 31, 1992
The Opinion Volume 33 Number 1 – August 19, 1992, The Opinion
The Opinion Volume 33 Number 1 – August 19, 1992, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated August 19, 1992
Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman
Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman
Faculty Articles and Papers
No abstract provided.
The Formal Character Of Law, Robert S. Summers
The Formal Character Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
Scholarly Works
To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
Dalhousie Law Journal
To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
The Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden
Dalhousie Law Journal
It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …
Tribute To Madame Justice Bertha Wilson, Foreword, And Preface, A Kim Campbell
Tribute To Madame Justice Bertha Wilson, Foreword, And Preface, A Kim Campbell
Dalhousie Law Journal
On behalf of the Government of Canada, I am pleased to convey my best wishes to all those participating in 'The Democratic Intellect" Symposium being hosted by Dalhousie Law School in honour of Madame Justice Bertha Wilson's contribution to the law and to the life of Canada.
The Constituents Of Democracy: The Individual In The Work Of Madame Justice Wilson, Danielle Pinard
The Constituents Of Democracy: The Individual In The Work Of Madame Justice Wilson, Danielle Pinard
Dalhousie Law Journal
I shall attempt to share with you the impression I have of Judge Wilson's conception of the individual. I will try to present a general view of what occurred to me as I went through the opinions she wrote while at the Supreme Court of Canada, alone or with the assent of her colleagues, dissenting or in agreement with the majority.' I shall try to put together, as honestly as possible, what she explicitly said on the subject in question.
The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman
The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman
Dalhousie Law Journal
Susan Moller Okin's assertion about the need for justice in families offers a challenging starting point for an assessment of the family in the work of Justice Wilson. Her assertion challenges us for a number of reasons. First, in claiming that justice in the family is a prerequisite to a just society, Okin compels us to focus careful attention on our family relationships if we aspire to a just resolution of our public and political debates. For her, a satisfactory theory of justice can be developed only if it takes account of the structures and power in family relationships, and …
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
Michigan Law Review
A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Medieval Iceland And Modern Legal Scholarship, Richard A. Posner
Michigan Law Review
A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller