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Articles 1 - 8 of 8
Full-Text Articles in Legal History
The History Wars And Property Law: Conquest And Slavery As Foundational To The Field, K-Sue Park
The History Wars And Property Law: Conquest And Slavery As Foundational To The Field, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This Article addresses the stakes of the ongoing fight over competing versions of U.S. history for our understanding of law, with a special focus on property law. Insofar as legal scholarship has examined U.S. law within the historical context in which it arose, it has largely overlooked the role that laws and legal institutions played in facilitating the production of the two preeminent market commodities in the colonial and early Republic periods: expropriated lands and enslaved people. Though conquest and enslavement were key to producing property for centuries, property-law scholars have constructed the field of property law to be largely …
Conquest And Slavery In The Property Law Course: Notes For Teachers, K-Sue Park
Conquest And Slavery In The Property Law Course: Notes For Teachers, K-Sue Park
Georgetown Law Faculty Publications and Other Works
This piece contains ideas for teaching about the foundational place of the histories of conquest and slavery to American property law and the property law course. I begin by briefly reviewing how these topics have been erased and marginalized from the study of American property law, as mentioned by casebooks in the field published from the late nineteenth century to the present. I then show how the history of conquest constituted the context in which the singular American land system and traditional theories of acquisition developed, before turning to the history of the American slave trade and the long history …
On Being Old Codgers: A Conversation About A Half Century In Legal Education, Mark Tushnet, Louis Michael Seidman
On Being Old Codgers: A Conversation About A Half Century In Legal Education, Mark Tushnet, Louis Michael Seidman
Georgetown Law Faculty Publications and Other Works
This conversation, conducted over three evenings, captures some of our thoughts about the last half century of legal education as both of us near retirement. We have edited the conversations so as to eliminate verbal stumbles and present our ideas more coherently, slightly reorganized a small part of the conversation, and added a few explanatory footnotes. However, we have attempted to keep the informal tone of our discussions.
Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, Wallace J. Mlyniec, Haley D. Etchison
Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, Wallace J. Mlyniec, Haley D. Etchison
Georgetown Law Faculty Publications and Other Works
This article traces the history of the amendment process. It provides a short history of student practice rules and then, using the student practice rule in effect in the District of Columbia prior to the 2014 amendments, describes the various components of those rules that courts and bars across the nation have implemented to assist courts, advance legal education, and preserve advocates’ ethical obligations to clients. It then describes some of the comments to the proposed amendments offered by the District of Columbia Bar and other D.C. lawyers during the public comment period and the modifications to the District of …
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
A Call To Combine Rhetorical Theory And Practice In The Legal Writing Classroom, Kristen Konrad Robbins-Tiscione
Georgetown Law Faculty Publications and Other Works
The theory and practice of law have been separated in legal education to their detriment since the turn of the twentieth century. As history teaches us and even the 2007 Carnegie Report perhaps suggests, teaching practice without theory is as inadequate as teaching theory without practice. Just as law students should learn how to draft a simple contract from taking Contracts, they should learn the theory of persuasion from taking a legal writing course. In an economy where law apprenticeship has reverted from employer to educator, legal writing courses should do more than teach analysis, conventional documents, and the social …
Pierson V. Post: The New Learning, Daniel R. Ernst
Pierson V. Post: The New Learning, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
Pierson v. Post, 3 Caines 175 (N.Y. 1805), one of the most commonly assigned cases in the first-year Property course, was a dispute over the ownership of a fox discovered at large “upon a certain wild and uninhabited, unpossessed and waste land, called the beach.” For a very long time, all that was known about the case, other than the report itself, was a vivid but antiquarian account published in the Sag Harbor Express of October 24, 1895, by the judge and local historian Henry Parsons Hedges (1817-1911). Hedges claimed to have met Jesse Pierson (1780-1840) and Lodowick Post …
Introduction: Rawls And The Law, William Michael Treanor
Introduction: Rawls And The Law, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
Professor John Rawls of Harvard University, who died in November of 2002, is widely regarded as the most important political philosopher of the twentieth century, and his influence on legal thought was particularly profound. There have been a number of conferences or symposia on Rawls's individual books, such as A Theory of Justice and Political Liberalism, but, astonishingly, until the symposium presented in this issue of the Fordham Law Review was held in November 2003, no symposium or conference had focused on the implications of his work for the law. Simply because of its subject, then, this symposium was of …
A Midrash On Rabbi Shaffer And Rabbi Trollope, David Luban
A Midrash On Rabbi Shaffer And Rabbi Trollope, David Luban
Georgetown Law Faculty Publications and Other Works
Thomas Shaffer is the most unusual, and in many ways the most interesting, contemporary writer on American legal ethics. A lawyer impatient with legalisms and hostile to rights-talk, a moral philosopher who despises moral philosophy, a Christian theologian who refers more often to the rabbis than to the Church Fathers, a former law school dean who is convinced that law schools have failed their students by teaching too much law and too little literature, a traditionalist who' wholeheartedly embraces feminism, an apologist for the conservative nineteenth-century gentleman who describes his own politics as "left of center," Shaffer is a complex …