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Articles 1 - 30 of 38
Full-Text Articles in Legal History
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
Thomas L. Shaffer, Legal Ethics, And St. Mary’S University, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Thomas L. Shaffer: A Remembrance, Noel Augustyn
Thomas L. Shaffer: A Remembrance, Noel Augustyn
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
Lawyers, Religious Faith, And Virtues: Reflections On Tom And Nancy Shaffer, Robert F. Cochran Jr.
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Tom and Nancy Shaffer
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
A Jewish Perspective On Tom Shaffer: Zecher Tzadik Livracha (May The Memory Of The Righteous Be A Blessing), Russell G. Pearce
St. Mary's Journal on Legal Malpractice & Ethics
Tribute to Thomas L. Shaffer
Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll
Adam Smith's Lectures On Jurisprudence-Justice, Law, And The Moral Economy, Walter J. Kendall Lll
Walter J. Kendall lll
Adam Smith, a leading thinker of the British Enlightenment, is universally known as the author of the Wealth of Nations and an economic theorist. He is less well known as the author of a Theory of Moral Sentiments and an ethicist. And known almost not at all for his Lectures on Jurisprudence or as a legal theorist. This essay looks at Smith’s thought through the lens of his Lectures on Jurisprudence. It highlights the almost paradoxical positions Smith had on self-interest, markets, government, and economic expansion. Obscured by his reputation and these paradoxes are his views on justice, equality, and …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
The Battle For The Soul Of International Shoe, Eric H. Schepard
The Battle For The Soul Of International Shoe, Eric H. Schepard
Eric H Schepard
In 2011, Justice Kennedy’s plurality opinion in J. McIntyre Machinery, Ltd. v. Nicastro repeatedly cited International Shoe v. Washington, a 1945 decision that transformed the law of personal jurisdiction. Kennedy believed that International Shoe broadly supported his position that a state may hear a suit arising from a within-state workplace injury to its citizen only if the foreign (out-of-state) corporate defendant specifically markets its products to that state. This article reexamines the jurisprudence of International Shoe’s author, Chief Justice Harlan Fiske Stone, to argue that Kennedy hijacked International Shoe’s half-buried legacy of judicial restraint. Scholars have suggested that Stone hoped …
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Present At The Creation: Reflections On The Early Years Of The National Association Of Corporate Directors, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Effective corporate governance is critical to the productive operation of the global economy and preservation of our way of life. Excellent governance execution is also required to achieve economic growth and robust job creation in any country. In the United States, the premier director membership organization is the National Association of Corporate Directors (NACD). Now over 36 years old, NACD plays a major role in fostering excellence in corporate governance in the United States and beyond. Over the past thirty-six years NACD has grown from a mere realization of the importance of corporate governance to become the only national membership …
Cause Judging, Justin Hansford
Cause Judging, Justin Hansford
Justin Hansford
Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that …
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
Pauli Murray And The Twentieth-Century Quest For Legal And Social Equality, Serena Mayeri
All Faculty Scholarship
No abstract provided.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm
Jutstice Kennedy And The Environment: Property, States' Rights, And The Search For Nexus, Michael Blumm
ExpressO
Justice Anthony Kennedy, now clearly the pivot of the Roberts Court, is the Court’s crucial voice in environmental and natural resources law cases. Kennedy’s central role was never more evident than in the two most celebrated environmental and natural resources law cases of 2006: Kelo v. New London and Rapanos v. U.S., since he supplied the critical vote in both: upholding local use of the condemnation power for economic development under certain circumstances, and affirming federal regulatory authority over wetlands which have a significant nexus to navigable waters. In each case Kennedy’s sole concurrence was outcome determinative.
Justice Kennedy has …
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Articles in Law Reviews & Other Academic Journals
William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.
In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Who Are The Good Guys? The Legacy Of Watergate And The Tangled Webs We Weave, Jeffrey A. Breinholt
Who Are The Good Guys? The Legacy Of Watergate And The Tangled Webs We Weave, Jeffrey A. Breinholt
ExpressO
This article examines the astounding revelation that Deep Throat, the anonymous source that brought down the Nixon Presidency, was Mark Felt, the man who ran the FBI during the Watergate Scandal. Was Mark Felt a hero or a villain? Thanks to the recent publication of Bob Woodward’s The Secret Man in combination with historical case law, we now have more historical evidence about what motivated Felt and how he reacted to his own legal misfortunes. This article examines this record and shows that categorizing Felt along the hero/villain continuum is not an easy task, but argues that this type of …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney
Foreseeing Greatness? Measurable Performance Criteria And The Selection Of Supreme Court Justices, James J. Brudney
The Ohio State University Moritz College of Law Working Paper Series
This article contributes to an ongoing debate about the feasibility and desireability of measuring the "merit" of appellate judges--and their consequent Supreme Court potential--by using objective performance variables. Relying on the provocative and controversial "tournament criteria" proposed by Professors Stephen Choi and Mitu Gulati in two recent articles, Brudney assesses the "Supreme Court potential" of Warren Burger and Harry Blackmun based on their appellate court records. He finds that Burger's appellate performance appears more promising under the Choi and Gulati criteria, but then demonstrates how little guidance these quantitative assessments actually provide when reviewing the two men's careers on the …
Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet
Sex, Lies, And Clients: From Bill Clinton To Oscar Wilde, Steven Lubet
ExpressO
No abstract provided.
A Tribute To Professor Stephen H. Schulman, Alan Schenk
A Tribute To Professor Stephen H. Schulman, Alan Schenk
Law Faculty Research Publications
No abstract provided.
A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook
A Paradigm For Equality: The Honorable Damon J. Keith, Blanche Bong Cook
Law Faculty Research Publications
No abstract provided.
The Remarkable Career Of Joe Grano, Robert A. Sedler
The Remarkable Career Of Joe Grano, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Book Review, David S. Tanenhaus
Book Review, David S. Tanenhaus
Scholarly Works
After missing an opportunity as a graduate student in the early 1970s to meet the aged Miriam Van Waters, whose distinguished career as a penal reformer spanned from the First World War to the launching of Sputnik, historian Estelle Freedman now attempts to capture her through biography. Freedman’s effort is a valiant one because Van Waters, a student of psychology, struggled with her own identity and sexuality, and repeatedly pushed away anyone who tried to get too close. One can only imagine how the intensely private Van Waters would have reacted to learning that her most personal conflicts would become …
A Tribute To Professor Edward J. Littlejohn, John E. Mogk
A Tribute To Professor Edward J. Littlejohn, John E. Mogk
Law Faculty Research Publications
No abstract provided.
Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith
Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith
Seattle University Law Review
At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …
Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.
Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.
Other Publications
No abstract provided.
Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson
Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson
Publications
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
John Marshall's Contributions To American Neutrality Doctrines, Eric A. Belgrad
John Marshall's Contributions To American Neutrality Doctrines, Eric A. Belgrad
William & Mary Law Review
No abstract provided.