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Full-Text Articles in Legal History

On Giving Legal Form Its Due. A Study In Legal Theory, Robert S. Summers Jun 2005

On Giving Legal Form Its Due. A Study In Legal Theory, Robert S. Summers

Cornell Law Faculty Publications

The four theses of this paper are: (1) that an appropriate organizational form is used to design, define, and organize a functional unit of a legal system, (2) that the functional units of a legal system, contrary to the emphasis in Hart and Kelsen, consist of far more than rules, and include institutions, interpretive and other methodologies, sanctions and remedies, and more, (3) that frontal and systematic study of the forms of these units is a major avenue for advancing understanding of them as duly organized wholes, and, (4) that such study reveals that much credit is due these forms ...


Roger Williams On Liberty Of Conscience, Edward J. Eberle Apr 2005

Roger Williams On Liberty Of Conscience, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle Apr 2005

Symposium: Religious Liberty In America And Beyond: Celebrating The Legacy Of Roger Williams On The 400th Anniversary Of His Birth: Introduction, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.


Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli Jan 2005

Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli

Faculty Scholarship

This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law ...


On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack Jan 2005

On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack

Articles

No abstract provided.