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Full-Text Articles in Legal History

Emerging Models For Alternatives To Marriage, Sanford N. Katz Oct 2011

Emerging Models For Alternatives To Marriage, Sanford N. Katz

Sanford N. Katz

Perhaps one of the most important changes in family law in the past thirty years has been the inclusion of certain kinds of friendships in the range of relationships from which rights and responsibilities can flow. Domestic partnership laws, a phenomenon of the 1990s, may be seen as a natural development from the judicial recognition of contract cohabitation and the legislative and judicial response to same-sex couples who, unable to meet statutory requirements for marriage, have sought official recognition of their relationships. This essay discusses an aspect of certain kinds of domestic partnership laws-their formal requirements and the extent to ...


The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette Oct 2011

The Legal Education Of A Patriot: Josiah Quincy Jr.'S Law Commonplace (1763), Daniel R. Coquillette

Daniel R. Coquillette

This article is based on the exciting discovery of a never before printed Law Commonplace, written by the 18th-century lawyer and patriot, Josiah Quincy, Junior. Quincy was co-counsel with Adams in the famous Boston Massacre Trial, a leader of Committee on Correspondence and the Sons of Liberty, and author of the first American law reports. His Law Commonplace provides an exceptional window into the political, racial and gender controversies of the evolving American legal system, and profoundly challenges our conventional views on the origin of American legal education. In certain areas, particularly jury trial, it also has present constitutional significance ...


"The Purer Fountains": Bacon And Legal Education, Daniel R. Coquillette Oct 2011

"The Purer Fountains": Bacon And Legal Education, Daniel R. Coquillette

Daniel R. Coquillette

Today, the classical underpinnings of American legal education are under intense critical review. The dominant pedagogy, the case book and the Socratic method, were established by Christopher Columbus Langdell (1806-1906) at Harvard Law School more than a century ago. Together with Langdell's first year curriculum, which was exclusively focused on Anglo-American common law doctrine, and his emphasis on a competitive, anonymous graded meritocracy, this system still exercises an incredible grip on elite American law schools. But Langdell's 19th Century model has now been challenged by many rivals, including critical legal studies, law and economics empiricism, global curriculums, and ...


Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile May 2011

Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile

Student Legal History Papers

Nick Pastore will forever be known as one of New Haven’s most colorful historical figures. The Chief of Police in New Haven from 1990 to 1997, Pastore was well-known for his outrageous comments and unusual antics. New Haven’s chief proponent of community policing, Pastore referred to himself in interviews as “’an outstanding patrol officer,’ a ‘super crime-fighting cop,’ ‘a good cop with the Mafia,’ [and] ‘Sherlock Holmes.’” Pastore, unlike his immediate predecessor, highly valued working with the community and advocated for a focus on reducing crime rather than increasing arrests. Pastore once informed that New York Times that ...


Meaningful Community Participation In Land Use Decision Making Through Ad Hoc Procedures In New Haven, Connecticut, Laura Huizar May 2011

Meaningful Community Participation In Land Use Decision Making Through Ad Hoc Procedures In New Haven, Connecticut, Laura Huizar

Student Legal History Papers

The last few decades have seen efforts to develop community-based planning models and other mechanisms for increased community participation in the land use approval process. Community Benefits Agreements (CBAs), in particular, have risen in popularity across the nation as a tool for ensuring meaningful participation in development. Such agreements generally arise from direct negotiation between community groups and developers where community groups push to secure community benefits in exchange for support. At the same time, however, takings law doctrine may be shifting in a way that could dissuade cities from actively incorporating community groups into planning or negotiating with developers ...


Diffuse Aspirations: Mixed-Income Housing In The Context Of For-Profit Urban Revitalization, Christopher Miller May 2011

Diffuse Aspirations: Mixed-Income Housing In The Context Of For-Profit Urban Revitalization, Christopher Miller

Student Legal History Papers

This paper evaluates the success of mixed-income housing in the context of a for-profit development in New Haven, Connecticut. It takes as its sample the development and the tenants of The Residences at Ninth Square, a mixed-use, mixed-income apartment complex located in the center of the historic city. The early parts of the paper (Parts II-III) tell the story of the neighborhood and contextualize the study in the geography and the history of New Haven, Connecticut. Part IV describes the development in detail. Part V looks to the expectations and commitments undertaken by the developers of The Residences. Part VI ...