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1993

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Full-Text Articles in Law

On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes Oct 1993

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 ...


On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes Oct 1993

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

Akron Law 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 ...


False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood Oct 1993

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.


New Foreign Investment Regimes Of Russia And Other Republics Of The Former U.S.S.R.: A Legislative Analysis And Historical Perspective, William G. Frenkel, Michael Y. Sukham Aug 1993

New Foreign Investment Regimes Of Russia And Other Republics Of The Former U.S.S.R.: A Legislative Analysis And Historical Perspective, William G. Frenkel, Michael Y. Sukham

Boston College International and Comparative Law Review

No abstract provided.


Baseline Problems In Assessing Chapter 11, Theodore Eisenberg Jul 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 ...


The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen Jul 1993

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 May 1993

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 May 1993

"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


Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

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.


Repossession: Of History, Poverty, And Dissent, Martha Minow May 1993

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 May 1993

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


Intellectual History, Probability, And The Law Of Evidence, Peter Tillers May 1993

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


Strangers On A Train, Peirre N. Leval May 1993

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


A Tale Of Two Rivers, Carol M. Rose May 1993

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


The Alledger, Volume 13, Number 10, The Alledger Apr 1993

The Alledger, Volume 13, Number 10, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes articles highlighting the 6.8% tuition increase for the 1987-88 academic year,


The Political Process As Final Solution, Charles M. Freeland Apr 1993

The Political Process As Final Solution, Charles M. Freeland

Indiana Law Journal

No abstract provided.


The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown Mar 1993

The Ideologies Of Forum Shopping - Why Doesn't A Conservative Court Protect Defendants?, George D. Brown

Boston College Law School Faculty Papers

In this Article, Professor George Brown identifies a seeming inconsistency in the Supreme Court’s treatment of federal-state private law forum shopping and state-state private law forum shopping. Professor Brown notes that the Court has been explicit in its condemnation of federal-state forum shopping, but apparently accepts, and even encourages, state-state private law forum shopping. This is strange behavior from a conservative Court, since forum shopping threatens traditional conservative values such as the desire to curtail the proliferation of lawsuits and a general pro-defendant stance. Furthermore, Erie Railroad Co. v. Tompkins clearly rejected forum shopping. Professor Brown reconciles these seemingly ...


Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo Mar 1993

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

Washington and Lee Law Review

No abstract provided.


The Paradox Of Ideology, Justin Schwartz Jan 1993

The Paradox Of Ideology, Justin Schwartz

Justin Schwartz

A standard problem with the objectivity of social scientific theory in particular is that it is either self-referential, in which case it seems to undermine itself as ideology, or self-excepting, which seem pragmatically self-refuting. Using the example of Marx and his theory of ideology, I show how self-referential theories that include themselves in their scope of explanation can be objective. Ideology may be roughly defined as belief distorted by class interest. I show how Marx thought that natural science was informed by class interest but not therefore necessarily ideology. Capitalists have an interest in understanding the natural world (to a ...


Functional Explanation And Metaphysical Individualism, Justin Schwartz Jan 1993

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that ...


Las Obligaciones Del Vendedor En La Compraventa Internacional, Jorge Carlos Adame Jan 1993

Las Obligaciones Del Vendedor En La Compraventa Internacional, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


Análisis De La Ley De Asociaciones Religiosas Y Culto Público, Jorge Carlos Adame Jan 1993

Análisis De La Ley De Asociaciones Religiosas Y Culto Público, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson Jan 1993

Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson

Articles

No abstract provided.


A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya Jan 1993

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Articles

No abstract provided.


Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr. Jan 1993

Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Motherhood And Crime, Dorothy E. Roberts Jan 1993

Motherhood And Crime, Dorothy E. Roberts

Faculty Scholarship at Penn Law

No abstract provided.


Did The First Justice Harlan Have A Black Brother?, James W. Gordon Jan 1993

Did The First Justice Harlan Have A Black Brother?, James W. Gordon

Faculty Scholarship

This Article summarizes the careers of James, John, and Robert Harlan. It then examines the evidence of the blood relationship between Robert Harlan and James Harlan, and speculates on the influence that John Harlan's contact with Robert Harlan might have had in shaping John's views on race. Finally, the Article reflects on the implications of the careers of John and Robert Harlan for our understanding of race in late nineteenth century America.


The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer Jan 1993

The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer

Faculty Scholarship at Penn Law

No abstract provided.


From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches Jan 1993

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Articles

No abstract provided.


Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager Jan 1993

Foreword: The Law Of Federal Judicial Discipline And The Lessons Of Social Science, Stephen B. Burbank, Sheldon Jay Plager

Faculty Scholarship at Penn Law

No abstract provided.