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Full-Text Articles in Law

Public Law And Legal Education In The Nineteenth Century: The Founding Of Burgess' School Of Political Science At Columbia, Alexa S. Bator Oct 1996

Public Law And Legal Education In The Nineteenth Century: The Founding Of Burgess' School Of Political Science At Columbia, Alexa S. Bator

Student Legal History Papers

This paper discusses the founding of the School of Political Science at Columbia University by John W. Burgess in 1880. Burgess established the political science school after failing in his attempts to introduce a program of coursework in political science and public law at Columbia's School of Law. He hoped that the new school would supplement the private-law curriculum of the law school, with the particular aim of preparing students for a career in public service.


The Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, Mary Sarah Bilder Sep 1996

The Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, Mary Sarah Bilder

Boston College Law School Faculty Papers

In this article first published in 1996, the author discusses the pre-1889 understanding of immigration authority.


First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette Apr 1996

First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Aspects Of Reception Of Law, Alan Watson Apr 1996

Aspects Of Reception Of Law, Alan Watson

Scholarly Works

In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can one borrow ...


Sir John Randolph's King's Bench Reports 1715 To 1716, William Hamilton Bryson Jan 1996

Sir John Randolph's King's Bench Reports 1715 To 1716, William Hamilton Bryson

Law Faculty Publications

On October 1, 1712, the governor of Virginia appointed John Randolph king's attorney for Charles City, Henrico, and Prince George counties. The existence of reports shows that he diligently attended the courts, observed the proceedings there astutely, and made careful notes. The surviving manuscript is not likely to be the notes actually made in court. It has a formal title, and the reports are written out in complete sentences with very few abbreviated words.


The Contracts Notes Of Timothy Merwin: Earliest Evidence Of Instruction At Yale Law School, Peter Stern Jan 1996

The Contracts Notes Of Timothy Merwin: Earliest Evidence Of Instruction At Yale Law School, Peter Stern

Student Legal History Papers

This paper discusses the contracts notes of one of the first students at the Yale Law School. The notes were taken in 1828, making them the earliest known evidence of the method of instruction employed by the law school's founders.


Telling The Story Of The Hughes Court, Richard D. Friedman Jan 1996

Telling The Story Of The Hughes Court, Richard D. Friedman

Articles

When Justice Oliver Wendell Holmes, Jr., died in 1935, he left the bulk of his estate to the United States Government. This gift, known as the Oliver Wendell Hnlmes Devise, sat in the Treasury for about twenty years, until Congress set up a Presidential Commission to determine what to do with it. The principal use of the money has been to fund a multivolume History of the United States Supreme Court. The history of the project itself has not always been a happy one, for some of the authors have been unable to complete their volumes. Among them was one ...


Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman Jan 1996

Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman

Pace Law Faculty Publications

Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in ...


The Slavery Of Emancipation, Guyora Binder Jan 1996

The Slavery Of Emancipation, Guyora Binder

Journal Articles

The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still ...


First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette Dec 1995

First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.