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Full-Text Articles in Law
Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder
Love For Sale: Book Review Of Marcia A. Zug, Buying A Bride: An Engaging History Of Mail-Order Matches, Jeanne L. Schroeder
Articles
No abstract provided.
Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert
Reconceptualizing The Eighth Amendment: Slaves, Prisoners, And Cruel And Unusual Punishment, Alexander A. Reinert
Articles
The meaning of the Eighth Amendment’s Cruel and Unusual Punishment Clause has long been hotly contested. For scholars and jurists who look to original meaning or intent, there is little direct contemporaneous evidence on which to rest any conclusion. For those who adopt a dynamic interpretive framework, the Supreme Court’s “evolving standards of decency” paradigm has surface appeal, but deep conflicts have arisen in application. This Article offers a contextual account of the Eighth Amendment’s meaning that addresses both of these interpretive frames by situating the Amendment in eighteenth and nineteenth-century legal standards governing relationships of subordination.
In particular, I …
Disciplines And Jurisdictions: An Historical Note, Peter Goodrich
Disciplines And Jurisdictions: An Historical Note, Peter Goodrich
Articles
No abstract provided.
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
What Did Punitive Damages Do? Why Misunderstanding The History Of Punitive Damages Matters Today, Anthony J. Sebok
Articles
In 2001 the Supreme Court, in Cooper Industries, Inc. v. Leatherman Tool Group, Inc. suggested that, although modern punitive damages punish, in earlier times they almost exclusively compensated for noneconomic damages that were ignored by a less progressive legal system. This article demonstrates that the historical foundation upon which the Supreme Court bases its argument is groundless. In the Eighteenth and Nineteenth Centuries punitive damages served a number of functions, but none of them were to provide the noneconomic damages identified by the court. Instead, as the article shows, the sort of injuries for which punitive damages were once demanded …
The Rightness And Utility Of Voluntary Repatriation, David Rudenstine
The Rightness And Utility Of Voluntary Repatriation, David Rudenstine
Articles
No abstract provided.
Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine
Who Is Entitled To Own The Past, Ashton Hawkins, David Korzenik, David Rudenstine
Articles
No abstract provided.
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Amatory Jurisprudence And The Querelle Des Lois, Peter Goodrich
Articles
It is my view, and here, no doubt, I am pre-empting my conclusion, that what literary and feminist historicism recognizes as the querelle des femmes, the debate as to the status and political role of women, is in fact underpinned and motivated by a much less explicit, yet nonetheless portentous, querelle des lois. The querelle des femmes, in other words, was always a polemic as to the legal status of women, as to their definition and role in theology and jurisprudence, canon and civil law. More than that, however, what the recovery of amatory jurisprudence can help to show is …
Review: Murphy's Law, Arthur Jacobson
Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld
Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld
Articles
No abstract provided.
Framing The Issues, Malvina Halberstam
Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder
Hegel's Slaves, Blackstone's Objects, And Hohfeld's Ghosts: A Comment On Thomas Russell's Imagery Of Slave Auctions, Jeanne Schroeder
Articles
No abstract provided.
The Legality Of Humanitarian Intervention, Malvina Halberstam
The Legality Of Humanitarian Intervention, Malvina Halberstam
Articles
No abstract provided.
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Doctor Duxbury’S Cure: Or, A Note On Legal Historiography, Peter Goodrich
Articles
No abstract provided.
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Legal Rhetoric Under Stress: The Example Of Vichy, Richard H. Weisberg
Articles
No abstract provided.
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Articles
No abstract provided.
Literacy And The Language Of The Early Common Law, Peter Goodrich
Literacy And The Language Of The Early Common Law, Peter Goodrich
Articles
No abstract provided.
Historical Aspects Of Legal Interpretation, Peter Goodrich
Historical Aspects Of Legal Interpretation, Peter Goodrich
Articles
No abstract provided.
Law And Language: An Historical And Critical Introduction, Peter Goodrich
Law And Language: An Historical And Critical Introduction, Peter Goodrich
Articles
No abstract provided.