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Full-Text Articles in Legal History
Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Rudolf Kjellén: Nordic Biopolitics Before The Welfare State, Markus Gunneflo
Markus Gunneflo
Introduction To Dodge V. Ford Motor Co.: Primary Source And Commentary Material, Linda Kawaguchi
Introduction To Dodge V. Ford Motor Co.: Primary Source And Commentary Material, Linda Kawaguchi
Linda Kawaguchi
Original documents in historic cases provide a uniquely valuable perspective on the cases themselves and the surrounding circumstances and history that contribute to the development of legal principles.
Understanding that access to historical materials can be difficult, the Chapman Law Review has endeavored to collect source documents regarding the case of Dodge v. Ford Motor Co.
After a short introduction to this compilation, including a discussion of research methodologies, several key historical documents are reproduced and transcribed that we hope will aid future researchers.
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
La Lex Mercatoria Contextualisée: Tracer Son Parcours Intellectuel, Dave De Ruysscher
Dave De ruysscher
Lex mercatoria is, as a label for contemporary transnational commercial law, well known from legal literature regarding international markets . Some arguments with respect to that concept have historical implications: a medieval body of commercial law is often considered as the predecessor of the lex mercatoria of today. Yet, legal historians have recently questioned whether a medieval commercial law existed in a uniform sense in different locations. As a result, the intellectual history of the concept of lex mercatoria is the more interesting. In this article, it is demonstrated that this notion was introduced in legal literature on international markets …
Contract And Dispossession, Deborah W. Post
Contract And Dispossession, Deborah W. Post
Deborah W. Post
This Essay, part of a collection of essays on the same theme, argues that contract law has become an instrument of oppression and dispossession rather than liberation. Having offered a critique, the challenge then is to consider whether it is possible to restore the liberatory potential of contract. The symposium, Post-Marxism, Post-Racialism & Other Fables of the Dispossession, was an invitation to consider the contemporary relevance of Marxist theory. There are two reference points in this cultural critique. One is the importance of social position in a jurisprudence that embraces objectivity; the uncritical and unreflective reliance on hegemonic social practices, …
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in …
The Birth Of The Sperm Bank, Kara Swanson
Innovating Financial Law In The Early Modern Netherlands And Europe: Transfers Of Commercial Paper And Recourse Liability In Legislation And Ius Commune (Sixteenth-Eighteenth Centuries), Dave De Ruysscher
Dave De ruysscher
In this contribution it is demonstrated how in the seventeenth and eighteenth centuries Dutch rules concerning negotiable credit instruments (i.e., bills obligatory to bearer and bills of exchange) transformed financial law throughout the European continent. The Antwerp and Amsterdam authorities devised precepts of law on such issues that went against substantial principles of the academic ius commune. In the course of the seventeenth century, the former’s success brought about their insertion into financial legislation of German cities. This phenomenon came along with a new comparative approach of legislators in the whole of Europe, which was typical of that period. During …
Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson
Who Happens Here? Ethical Responsibility, Subjectivity, And Corporeality: Self-Accounts In The Archive Of The Coalition Provisional Authority (Cpa) Of Iraq, Matilda Arvidsson
Dr Matilda Arvidsson
No abstract provided.
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Food And Drug Law As Intellectual Property Law: Historical Reflections, Kara Swanson
Food And Drug Law As Intellectual Property Law: Historical Reflections, Kara Swanson
Kara W. Swanson
No abstract provided.
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala
Book Review. Justin Vaisse, Neoconservatism: The Biography Of A Movement, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Getting A Grip On The Corset: Gender, Sexuality And Patent Law, Kara Swanson
Getting A Grip On The Corset: Gender, Sexuality And Patent Law, Kara Swanson
Kara W. Swanson
No abstract provided.
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Marbury V. Madison And The Foundation Of Law, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Book Review. Joan Biskupic, An American Original: The Life And Constitution Of Supreme Court Justice Antonin Scalia, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala
Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In Crisis, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In, Jeffrey C. Tuomala
Robert George’S The Clash Of Orthodoxies: Law, Religion, And Morality In, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher
Antwerp Commercial Legislation In Amsterdam In The 17th Century. Legal Transplant Or Jumping Board?, Dave De Ruysscher
Dave De ruysscher
During the seventeenth and eighteenth centuries, the urban law of Antwerp that had been written down in a 1582 law book influenced the law of the city of Amsterdam. Although the Antwerp law has often been considered as the law in force in the Amstel city in that period, its role was actually more limited. At the end of the sixteenth century and during the first half of the seventeenth century, sections contained in the 1582 Antwerp compilation were used by the Amsterdam judges as common and subsidiary applicable rules for certain commercial issues. Later on, as the Amsterdam legislator …
Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala
Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala
The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Women At Work: Towards An Inclusive Narrative Of The Rise Of The Regulatory State, Arianne Renan Barzilay Dr.
Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)
Abstract: This Article seeks to enrich what we know about the establishment of the regulatory state. It focuses on women’s contribution to the rise of the American regulatory apparatus. By looking at historical sources and archival materials, this Article illustrates how women reformers were central to the development of the regulatory state and how they were guided by an ideology that called for government regulation to provide decent standards of living. Through the example of the establishment of the Women’s Bureau in the U.S. Department of Labor, the Article expands our understanding of the purposes of administrative bodies, and it …
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Designing The Limits Of Creditworthiness. Insolvency In Antwerp Bankruptcy Legislation And Practice (16th-17th Centuries), Dave De Ruysscher
Dave De ruysscher
In 1516 and 1518, the Antwerp City Council introduced a collective system of debt recovery, which was partly derived from academic doctrine and which broke with the tradition of priority for the first seizing claimant. The new views were inserted into a legal framework that was based on the concept of publicly known insolvency. Because of the vague legal definitions in the 1582 and 1608 Antwerp law compilations, the position of pursuing creditors was strengthened. Although these rules weren't successful, they demonstrate an early intention to draw the line between criminal bankruptcy, persisting insolvency and temporary payment problems.
Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala
Chinese And Western Worldviews: Implications For Law, Policy,, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala
The Bible And American Law: A Response To Dean Herbert W. Titus, Jeffrey C. Tuomala
Jeffrey C. Tuomala
No abstract provided.
The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson
The Presence Of Absence Of Personal Identity: Everyday Conditions Of Practicing Law, Matilda Arvidsson
Dr Matilda Arvidsson
No abstract provided.
Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson
Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson
Dr Matilda Arvidsson
The article investigates the fundamental concept of 'time' within the framework of the laws of war, using the War on Terrorism as a starting point and the 2003 invasion and subsequent occupation of Iraq as an example. The article argues for an eschatological understanding of time during the War on Terrorism, framing a state of exception, and ultimately keeping law on hold in an enduring 'now' while messianic hopes for redemption are directed towards a new future to come after war.
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.