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Full-Text Articles in Legal History

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp Jan 1988

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

Classical political economy was dedicated to the principle that the state could best encourage economic development by leaving entrepreneurs alone, free of regulation and subsidy. The development of classical economic policy in the United States dramatically changed the concept of the business corporation. Within the preclassical, mercantilist model, the corporation was a unique entity created by the state for a special purpose and enjoyed a privileged relationship with the sovereign. The very act of incorporation presumed state involvement. State subsidy and the incorporators' public obligation were natural corollaries. Business firms that relied on the market alone to determine their prospects …


Book Review. The Constitutionalism Of "The Common-Law Mind", Stephen A. Conrad Jan 1988

Book Review. The Constitutionalism Of "The Common-Law Mind", Stephen A. Conrad

Articles by Maurer Faculty

This essay reviews the following: Constitutional History of the American Revolution, Vol. 1: The Authority of Rights by John Phillip Reid and Peripheries and Center: Constitutional Development in the Extended Polities of the British Empire and the United States, 1607-1788 by Jack P. Greene.


Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg Jan 1988

Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Original Understanding And The Constitution, Michael E. Tigar Jan 1988

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.