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Full-Text Articles in Law

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney Apr 2018

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Faculty Publications

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney Mar 2016

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Faculty Publications

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal ...


Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney Feb 2016

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


The Strange Career Of The Common Law In North Carolina, John V. Orth Jan 2015

The Strange Career Of The Common Law In North Carolina, John V. Orth

Faculty Publications

No abstract provided.


Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney Oct 2014

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney Jan 2014

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney Jan 2013

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Faculty Publications

No abstract provided.


The Release Of Energy': Reflections On A Legal History Trope, John V. Orth Jan 2013

The Release Of Energy': Reflections On A Legal History Trope, John V. Orth

Faculty Publications

No abstract provided.


Constitutional Construction And Departmentalism: A Case Study Of The Demise Of The Whig Presidency, Michael J. Gerhardt Jan 2010

Constitutional Construction And Departmentalism: A Case Study Of The Demise Of The Whig Presidency, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Americanism Behind Barbed Wire, Eric L. Muller Jan 2009

Americanism Behind Barbed Wire, Eric L. Muller

Faculty Publications

No abstract provided.


Justices As Economic Fixers: A Response To A Macrotheory Of The Court, Scott Baker, Adam Feibelman, William P. Marshall Jan 2009

Justices As Economic Fixers: A Response To A Macrotheory Of The Court, Scott Baker, Adam Feibelman, William P. Marshall

Faculty Publications

No abstract provided.


Pragmatic Idealism And The Scholarship Of Mel Durchslag, William P. Marshall Jan 2008

Pragmatic Idealism And The Scholarship Of Mel Durchslag, William P. Marshall

Faculty Publications

No abstract provided.


"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Jan 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

Faculty Publications

No abstract provided.


The Enumeration Of Rights: "Let Me Count The Ways", John V. Orth Jan 2006

The Enumeration Of Rights: "Let Me Count The Ways", John V. Orth

Faculty Publications

No abstract provided.


Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller Jan 2006

Fixing A Hole: How The Criminal Law Can Bolster Reparations Theory, Eric L. Muller

Faculty Publications

High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have sought to justify the harmful decisions made by past generations. Such revisionism, however, threatens the very foundation of reparations theory by persuading the public that redress is unnecessary because historical figures actually committed no injustice by merely acting appropriately, given the historical context in which they lived. This Article seeks to initiate a dialogue regarding how ...


Second Thoughts In The Law Of Property, John V. Orth Jan 2006

Second Thoughts In The Law Of Property, John V. Orth

Faculty Publications

No abstract provided.


A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller Jan 2005

A Penny For Their Thoughts: Draft Resistance At The Poston Relocation Center, Eric L. Muller

Faculty Publications

No abstract provided.


Foreword, Eric L. Muller Jan 2005

Foreword, Eric L. Muller

Faculty Publications

Judgments Judged and Wrongs Remembered: Examining the Japanese American Civil Liberties Cases on Their Sixtieth Anniversary


Prelude To Armageddon, Michael J. Gerhardt Jan 2005

Prelude To Armageddon, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas A. Kelley Iii Jan 2005

Rediscovering Vulgar Charity: A Historical Analysis Of America's Tangled Nonprofit Law, Thomas A. Kelley Iii

Faculty Publications

No abstract provided.


Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein Jan 2003

Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein

Faculty Publications

Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the ...


Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller Jan 2003

Inference Or Impact? Racial Profiling And The Internment's True Legacy, Eric L. Muller

Faculty Publications

No abstract provided.


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.


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

The Lives Of John Marshall, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller Jan 2001

Apologies Or Apologisits? Remembering The Japanese American Internment In Wyoming, Eric L. Muller

Faculty Publications

No abstract provided.


Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt Jan 2001

Impeachment Defanged And Other Institutional Ramifications Of The Clinton Scandals, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt Jan 2000

The Historical And Constitutional Significance Of The Impeachment And Trial Of President Clinton, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Lessons Of Impeachment History, Michael J. Gerhardt Jan 1999

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt Jan 1998

Chancellor Kent And The Search For The Elements Of Impeachable Offenses, Michael J. Gerhardt

Faculty Publications

No abstract provided.


Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth Jan 1997

Tenancy By The Entirety: The Strange Career Of The Common-Law Marital Estate, John V. Orth

Faculty Publications

No abstract provided.