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Legal History Commons

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Articles 1 - 6 of 6

Full-Text Articles in Legal History

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller Dec 2007

The Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Michigan Law Review

The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact with …


A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks Apr 2007

A Modest Proposal For Regulating Unpublished, Non-Precedential Federal Appellate Opinions While Courts And Litigants Adapt To Federal Rule Of Appellate Procedure 32.1, Sarah E. Ricks

The Journal of Appellate Practice and Process

No abstract provided.


Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer Apr 2007

Seeking Best Practices Among Intermediate Courts Of Appeal: A Nascent Journey, W. Warren H. Binford, Preston C. Greene, Maria C. Schmidlkofer

The Journal of Appellate Practice and Process

No abstract provided.


Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson Apr 2007

Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson

The Journal of Appellate Practice and Process

No abstract provided.


Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist Mar 2007

Bureaucratization And Balkanization: The Origins And Effects Of Decision-Making Norms In The Federal Appellate Courts, Stefanie A. Lindquist

University of Richmond Law Review

No abstract provided.


Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi Jan 2007

Promissory Estoppel: The Life History Of An Ideal Legal Transplant, Joel M. Ngugi

University of Richmond Law Review

This article hopes to accomplish three things. First, it will revisit the historical origins of the doctrine of promissory estoppel in the American law of contracts and the role that Samuel Williston, the Chief Reporter of the Restatement (First) of Contracts ("First Restatement") played in the evolution of the doctrine. The dominant theory is that Williston conceptualized the new promissory estoppel doctrine in a way that retarded and blunted the doctrine shortly after its birth. This theory is adhered to by both critics and proponents of the expansion of promissory estoppel as a ground of promissory obligation. According to both …