Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 48 of 48

Full-Text Articles in Law

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York Dec 2006

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Two, The Law Commonplace Book, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York Dec 2006

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume Three, The Southern Journal (1773), Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan Dec 2006

Georgia's Noble Revolution: Three Governors, Two Armies, The Georgia Supreme Court, And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

In 1946, the governor-elect of Georgia died, sparking a constitutional battle that brought a state government to its knees and a state supreme court to the height of its power. As two armies drew up on the streets of Atlanta, fights erupted in the executive offices and two men stood head to head in a battle for the vacant governor's seat. Into this fray, however, came the rule of law in the form of the state courts, and what may have swelled into an armed conflict of unseen proportions in twentieth century American politics ended with the stirring strike ...


Democracy's Handmaid, Robert Tsai Jan 2006

Democracy's Handmaid, Robert Tsai

Robert L Tsai

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, Professor Tsai draws from the two disciplines to reach new insights about the democracy-enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, he presents a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this ...


Sacred Visions Of Law, Robert Tsai Feb 2005

Sacred Visions Of Law, Robert Tsai

Robert L Tsai

Around the time of the Bicentennial Celebration of the U.S. Constitution’s framing, Sanford Levinson called upon Americans to renew our “constitutional faith.” This Article answers the call by explicating the ways in which two landmark constitutional law decisions—Marbury v. Madison and Brown v. Board of Education—have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the Article argues that the legal symbols have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of ...


Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York Dec 2004

Portrait Of A Patriot: The Major Political And Legal Papers Of Josiah Quincy Junior. Volume One, The Political Commonplace Book And The London Journal, Daniel Coquillette, Neil Longley York

Daniel R. Coquillette

No abstract provided.


'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette Dec 2004

'Mourning Venice And Genoa': Joseph Story, Legal Education, And The Lex Mercatoria, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai Oct 2004

Fire, Metaphor, And Constitutional Myth-Making, Robert Tsai

Robert L Tsai

From the standpoint of traditional legal thought, metaphor is at best a dash of poetry adorning lawyerly analysis, and at worst an unjustifiable distraction from what is actually at stake in a legal contest. By contrast, in the eyes of those who view law as a close relative of ordinary language, metaphor is a basic building block of human understanding. This article accepts that metaphor helps us to comprehend a court’s decision. At the same time, it contends that metaphor plays a special role in the realm of constitutional discourse. Metaphor in constitutional law not only reinforces doctrinal categories ...


The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette Dec 2003

The Anglo-American Legal Heritage Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

This fascinating book about our legal heritage is copiously illustrated with original materials. From our cultural roots in the Roman law, the Anglo-Saxon dooms, and English feudalism, to modern crises of social revolution and reform. Coquillette's work shows how legal culture is part of what has been called the "seamless web" of history. Most introductory books rely heavily, if not exclusively, on secondary sources. This book, however, provides carefully edited and chosen primary sources and culminates with provocative excerpts of the most recent twentieth century historical criticism. Also included are many useful charts and diagrams, and an extensive bibliography ...


The Boston Legal Aid Society, 1900-1925, Mark Spiegel Dec 2002

The Boston Legal Aid Society, 1900-1925, Mark Spiegel

Mark Spiegel

This article examines the history of the Boston Legal Aid Society from its founding in 1900 through 1925. In so doing I explore why was Boston Legal Aid started. Depending upon what sources you consult the Boston Legal Aid Society was either the third or fourth legal aid organization started in the United States. The first was New York in 1876 and the second was in Chicago, in the 1880's. My question is why Boston in 1900? What were the forces that led to the founding of this organization at that point in time? Was it part of the ...


The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette Dec 1998

The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.


A Guide To The Early Reports Of The Supreme Court Of The United States, Sharon O'Connor, Morris Cohen Dec 1994

A Guide To The Early Reports Of The Supreme Court Of The United States, Sharon O'Connor, Morris Cohen

Sharon Hamby O'Connor

A portion of this book originally appeared as "A Bibliography of the Early Reports of the Supreme Court of the United States." Legal Reference Services Quarterly 1, no. 2/3 (Summer-Fall 1981): 43-144.


The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette Dec 1992

The Mystery Of The New Fashioned Goldsmiths: From Usury To The Bank Of England (1622-1694), Daniel Coquillette

Daniel R. Coquillette

Also appears in Miscellanea Domenico Maffei Dicato Historia Ius Studium, vol. 4, 523-550. Goldbach, Germany: Keip Verlag, 1995.


Francis Bacon, Daniel Coquillette Dec 1991

Francis Bacon, Daniel Coquillette

Daniel R. Coquillette

This is the first modern book to describe Francis Bacon's jurisprudence. He has long been famous as a scientist, philosopher, politician and literary giant, but his career as one of England's greatest lawyers and jurists has been largely overlooked. Bacon's major contribution to Anglo-American jurisprudence is presented in such a way as to be suitable to specialists and non-specialists alike. The purpose is to restore Bacon to his rightful place as England's first true critical and analytical jurist, and to describe how his legal thought related to his other great intellectual achievements.


The Civilian Writers Of Doctors' Commons, London: Three Centuries Of Juristic Innovation In Comparative, Commercial And International Law, Daniel Coquillette Dec 1987

The Civilian Writers Of Doctors' Commons, London: Three Centuries Of Juristic Innovation In Comparative, Commercial And International Law, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


The 'Countenance Of Authoritie', Daniel Coquillette Dec 1983

The 'Countenance Of Authoritie', Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Law In Colonial Massachusetts, 1630-1800: A Conference Held 6 And 7 November 1981, By The Colonial Society Of Massachusetts, Daniel Coquillette Dec 1983

Law In Colonial Massachusetts, 1630-1800: A Conference Held 6 And 7 November 1981, By The Colonial Society Of Massachusetts, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Justinian In Braintree: John Adams, Civilian Learning, And Legal Elitism, 1758-1775, Daniel Coquillette Dec 1983

Justinian In Braintree: John Adams, Civilian Learning, And Legal Elitism, 1758-1775, Daniel Coquillette

Daniel R. Coquillette

A portion of this work forms Chapter 2 of The History of Legal Education in the United States: Commentaries and Primary Sources, volume 1, editor, Steve Sheppard, 75-92. Pasadena, CA: Salem Press, 1999.