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Legal History Commons

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Articles 1 - 4 of 4

Full-Text Articles in Legal History

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner May 1994

A Distant Heritage: The Growth Of Free Speech In Early America, Jim Greiner

Michigan Law Review

A Review of A Distant Heritage: The Growth of Free Speech in Early America by Larry D. Eldridge


Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles Jan 1994

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Cornell Law Faculty Publications

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …


On A New Theory Of Justice, William Ewald Jan 1994

On A New Theory Of Justice, William Ewald

All Faculty Scholarship

No abstract provided.


The Constitution Of Reasons, Robin West Jan 1994

The Constitution Of Reasons, Robin West

Georgetown Law Faculty Publications and Other Works

Cass Sunstein's book, The Partial Constitution, brings together a number of his constitutional law essays from the last ten years. During that time, Sunstein has argued, powerfully, for the unconstitutionality of regulatory constraints on access to abortion; for the constitutionality of and the need for regulation of violent pornography; for the constitutionality of limits on both campaign spending and congressional control over public broadcasting; for the deep consistency, conventional wisdom to the contrary notwithstanding, of the Court's repudiation of Lochner in 1937 with its 1974 decision in Roe v. Wade; for the view that we should accord far less deference …