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

Legal History Commons

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

Articles 1 - 6 of 6

Full-Text Articles in Legal History

The Marshall Court And The Writing Of Law And History (Review Of G. Edward White, The Marshall Court And Cultural Change, 1815-35, Vols. 3 And 4. The Oliver Wendell Holmes Devise History Of The Supreme Court Of The United States), Alfred S. Konefsky Jan 1990

The Marshall Court And The Writing Of Law And History (Review Of G. Edward White, The Marshall Court And Cultural Change, 1815-35, Vols. 3 And 4. The Oliver Wendell Holmes Devise History Of The Supreme Court Of The United States), Alfred S. Konefsky

Book Reviews

No abstract provided.


Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr. Jan 1990

Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.

UIC Law Review

No abstract provided.


Separation Of Powers Under The Texas Constitution, Harold H. Bruff Jan 1990

Separation Of Powers Under The Texas Constitution, Harold H. Bruff

Publications

No abstract provided.


Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski Jan 1990

Common-Law Background Of Nineteenth-Century Tort Law, The , Robert J. Kaczorowski

Faculty Scholarship

A century ago Oliver Wendell Holmes, Jr., examined the history of negligence in search of a general theory of tort. He concluded that from the earliest times in England, the basis of tort liability was fault, or the failure to exercise due care. Liability for an injury to another arose whenever the defendant failed "to use such care as a prudent man would use under the circumstances.” A decade ago Morton J. Horwitz reexamined the history of negligence for the same purpose and concluded that negligence was not originally understood as carelessness or fault. Rather, negligence meant "neglect or failure …


Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen Jan 1990

Alive And Well: Religious Freedom In The Welfare State, Anita L. Allen

All Faculty Scholarship

No abstract provided.


The Public Domain, Jessica D. Litman Jan 1990

The Public Domain, Jessica D. Litman

Articles

This article examines the public domain by looking at the gulf between what authors really do and the way the law perceives them. Part I outlines the basics of copyright as a species of property and introduces the public domain's place within the copyright scheme. Copyright grants authors" ' rights modeled on real property in order to encourage authorship by providing authors with markets in which they can seek compensation for their creations. Because parcels of authorship are intangible, however, the law faces *problems in determining the ownership and boundaries of its property grants. In particular, the concept of "originality," …