Law Commons^™

The Opinion Volume 34 Number 7 – December 7, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1993

The Opinion Volume 34 Number 6 – November 16, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 16, 1993

The Opinion Volume 34 Number 5 – November 2, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 2, 1993

The Opinion Volume 34 Number 4 – October 19, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 19, 1993

The Opinion Volume 34 Number 3 – October 5, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 5, 1993

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes

Akron Law Faculty Publications

Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes

Richard L. Aynes

Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …

Law Reform Error: Retry Or Abort?, Audrey Macklin

Dalhousie Law Journal

The void left by the demise of the Law Reform Commission of Canada (LRCC) in 1991 presents an opportunity to rethink the scope and legitimacy of law reform as it has been conceptualized and practised by academic lawyers. I am concerned that the dominant meaning ascribed to the term "federal law reform" under the tenure of the LRCC was partial, inadequate, and ultimately conservatizing in its influence. In reviewing past commentary on law reform in Canada, I have been struck by the recurring themes that emerged from the literature. I was particularly impressed by an exceptional piece written by the …

False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood

Law Faculty Scholarly Articles

From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.

The Opinion Volume 34 Number 2 – September 21, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 21, 1993

The Opinion Volume 34 Number 1 – September 8, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 8, 1993

Baseline Problems In Assessing Chapter 11, Theodore Eisenberg

Cornell Law Faculty Publications

Dealing with failing businesses is like dealing with failing marriages. It is messy. The bigger the business the messier the process is likely to be. Many big business failures in the United States go through their death throes or cure their ills in reorganizations under Chapter 11 of the Bankruptcy Act. As the vehicle in which big business messes travel, Chapter 11 is viewed as unnecessarily complex, time-consuming, and costly. The justification for Chapter 11's very existence has been challenged.

This article suggests that we are blaming the vehicle for the mess that it carries. Much of what is problematic …

The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen

Indiana Law Journal

No abstract provided.

Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell

Brigham Young University Journal of Public Law

No abstract provided.

"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush

Michigan Law Review

A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones

Transforming History In The Postmodern Era, G. Edward White

Michigan Law Review

A Review of The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy by Morton J. Horwitz

A Tale Of Two Rivers, Carol M. Rose

Michigan Law Review

A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg

Strangers On A Train, Peirre N. Leval

Michigan Law Review

A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.

Intellectual History, Probability, And The Law Of Evidence, Peter Tillers

Michigan Law Review

A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro

The Opinion Volume 33 Number 16 – April 22, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 22, 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.

Ideology And The Emergence Of Legal Aid In Saskatchewan, Jennie Abell

Dalhousie Law Journal

My work at Saskatchewan legal aid (from 1978 to 1982) generated questions for me about law and social change, and about the origins of legal aid in the context of the expansion of the welfare state. I examined the history of legal aid under the N.D.P. in Saskatchewan from 1974-1982 in an earlier work.' I concluded that the Saskatchewan N.D.P did not significantly differ from other provincial parties in its handling of legal aid during that period, and in that sense that legal aid as it was elaborated under a social democratic government was not fundamentally altered.

The Opinion Volume 33 Number 15 – March 30, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 30, 1993. Includes Onion spoof issue overwrap.

The Opinion Volume 33 Number 14 – March 18, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 18, 1993

The Opinion Volume 33 Number 13 – March 3, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 3, 1993

Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 33 Number Se – February 22, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 22, 1993

The Opinion Volume 33 Number 12 – February 15, 1993, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 15, 1993