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Articles 1 - 10 of 10
Full-Text Articles in Legal History
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Aziz Rana
This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …
Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski
Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Commenting on Professor Cass Sunstein's work is a daunting task. There is simply so much of it. Professor Sunstein produces scholarship at a rate that is faster than I can consume it. Scarcely an area of law has failed to feel his impact. One cannot today write an article on administrative law, free speech, punitive damages, Internet law, law and economics, separation of powers, or animal rights law without addressing one or more of Sunstein's papers. And his work is typically not a mere footnote. Sunstein has changed how scholars think about each of these areas of law. More broadly, …
'In The Time Of A Woman, Which Sex Was Not Capable Of Mature Deliberation': Late Tudor Parliamentary Relations And Their Early Stuart Discontents, Josh Chafetz
Josh Chafetz
The English Civil War is one of the seminal events in Anglo-American constitutional history. Oceans of ink have been spilled in debating its causes, and historians have pointed to a number of salient divisions along economic, social, political, and religious lines. But a related, and equally important, question has gone largely ignored: what allowed the House of Commons, for the first time in English history, to play the lead role in opposing the Crown? How did the lower house of Parliament develop the constitutional self-confidence that would allow it to organize the rebellion against Charles I? This Article argues that …
Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor
Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor
Sharon Hamby O'Connor
Exhibition program from a Spring 1998 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from Morris L. Cohen's collection of law books for children.
Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor
Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor
Sharon Hamby O'Connor
Exhibition program from a Spring 1998 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from Morris L. Cohen's collection of law books for children.
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Critiquing Modern-Day U.S. Legal Education With Rhetoric: Frank's Plea And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Carlo A. Pedrioli
This article explains how, from 1920 to 1960, the role, or persona, of the law professor in the United States remained the situs of considerable rhetorical controversy that the role had been in the fifty years before 1920. On one hand, lawyers used rhetoric to promote a persona, that of a scholar, appropriate for the law professor situated within the university, a context suitable for the professionalization of law. On the other hand, different lawyers like Judge Jerome Frank used rhetoric to critique, often in a scathing manner, the scholar persona and put forth their own persona, that of a …
Criminal Law And Technology In A Data-Driven Society, Mireille Hildebrandt
Criminal Law And Technology In A Data-Driven Society, Mireille Hildebrandt
Mireille Hildebrandt
This chapter takes leave of the idea that lawyers can remain immersed in legal text. It takes a stand for a careful reflection on what data-driven architectures do to some of the assumptions of modern law that are mistakenly taken for granted. Merely enacting the presumption of innocence by means of legal code will not do in the present future. If the defaults of Big Data analytics all point in the direction of precrime punishment or the pre-emption of inferred criminal intent, we need to reconfigure the smart decision systems that progressively mediate the perception and cognition of law enforcement …
Bending The Code Civil: Married Women, Their Capacity To Engage In Contracts And The Partnership Between Spouses (C. 1804-C. 1865), Dave De Ruysscher
Bending The Code Civil: Married Women, Their Capacity To Engage In Contracts And The Partnership Between Spouses (C. 1804-C. 1865), Dave De Ruysscher
Dave De ruysscher
It is surprising but true that in the course of the nineteenth century a more softened interpretation of the stubborn provisions of the 1804 Civil code with regard to married women, which imposed their general incapacity to sign contracts, mostly served economic goals. Judges in nineteenth-century Belgium paid much attention to the interests of creditors, who according to the Civil code could be confronted with husbands' rejections of contracts that had been signed by their wives. It was the acknowledgement of creditors' needs that had the indirect effect of expanding the contractual capacity of wives and not a search for …
Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall
Entender Los Males Económicos Modernos A La Luz De La Doctrina Social Católica, Brian M. Mccall
Brian M McCall
In a general sense, St. Thomas Aquinas predicted the paralysis and chaos of the financial and economic systems in America and Europe which occurred in 2008, when he predicted that in a society where unjust exchanges dominate, eventually all exchanges will cease. St. Thomas also points out that although human law cannot prohibit all injustice, society cannot escape the consequences of transgressing the divine law which leaves “nothing unpunished.” Thus, at least part of the explanation for that crisis whose effects remain with us today lies in continuous violations of natural justice by our economic system. Neither one product nor …
Entender Los Males Economómicos Modernos A La Luz De La Doctrina Social Cátolica (Understanding Modern Economic Woes In Light Of Catholic Social Doctrine), Brian M. Mccall
Brian M McCall
En sentido general, Santo Tomás Aquino predijo la parálisis y el caos del sistema financiero económico en Estados Unidos y Europa que ocurrió en 2008, cuando predijo que en una sociedad donde los intercambios injustos dominan, eventualmente todos los intercambios podrán cesar. Santo Tomás también señala que aunque la ley humana no pueda prohibir todas las injusticias, la sociedad no puede escapar de las consecuencias de trasgredir la ley divina que no deja nada en la impunidad. Así, al menos una parte de la explicación para esta crisis cuyos efectos permanecen con nosotros en la actualidad se encuentra en las …