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

Law Commons

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

Articles 1 - 8 of 8

Full-Text Articles in Law

An Historical Perspective On Judicial Selection Methods In Virginia And West Virginia, Alex B. Long Jul 2002

An Historical Perspective On Judicial Selection Methods In Virginia And West Virginia, Alex B. Long

Scholarly Works

This Article explores the history of judicial selection methods in Virginia and West Virginia - two states, once joined, with distinct cultures and very different judicial selection methods. In an attempt to explain how the two states ended up with such different systems, the Article focuses on the constitutional conventions in those states between 1829 and 1902 and the debates that took place on the subject of popular election of judges versus an appointive system.


Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman Jul 2002

Book Review Of Sarah Barringer Gordon's The Mormon Question: Polygamy And Constitutional Conflict In Nineteenth-Century America, Nathan B. Oman

Faculty Publications

No abstract provided.


Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford Apr 2002

Daughter Of Liberty Wedded To Law: Gender And Legal Education At The University Of Pennsylvania Department Of Law 1870-1900, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Using the University of Pennsylvania's Law Department and, to some extent, the figure of Carrie Burnham Kilgore as lenses, this article examines a thirty year period of major changes in legal education. In Part I, Prof. Crawford describes the historical roots of the school and its halting establishment in light of the predominant role individual lawyers played in training students through law office clerkships. Part II details several related changes in the legal profession in the 1870s: the law office declined in prominence; bar associations became more active; and law schools developed rigorous requirements. In particular, Prof. Crawford describes the …


A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan Feb 2002

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


The Constitution And The New Deal, Richard D. Friedman Jan 2002

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.


The Lives Of John Marshall, Michael J. Gerhardt Jan 2002

The Lives Of John Marshall, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Extending The Revisionist Project, Lewis Grossman Jan 2002

Extending The Revisionist Project, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel Jan 2002

Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel

Scholarly Works

In this Article, I offer a case study of one of the hazards presented by legal scholarship in law reviews as it has evolved over the last century. The standard law review article typically begins with an overview of the author's subject, frequently involving a historical perspective or a chronology of the development of a doctrine. This background section stems from a number of causes, but many attribute it to the fact that most law reviews are student-edited. In order to evaluate an author's argument, students need a brief course in, say, the basics of trade law and pollution control …