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Articles 1 - 30 of 45
Full-Text Articles in Legal History
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
Appeal To Heaven: On The Religious Origins Of The Constitutional Right Of Revolution, John M. Kang
William & Mary Bill of Rights Journal
No abstract provided.
Written And Oral Persuasion In The United States Courts: A District Judge's Perspective On Their History, Function, And Future, Mark R. Kravitz
Written And Oral Persuasion In The United States Courts: A District Judge's Perspective On Their History, Function, And Future, Mark R. Kravitz
The Journal of Appellate Practice and Process
No abstract provided.
Narratives Drawn From Rich Experience: Mayer Brown's Federal Appellate Practice, Patrick E. Higginbotham
Narratives Drawn From Rich Experience: Mayer Brown's Federal Appellate Practice, Patrick E. Higginbotham
The Journal of Appellate Practice and Process
No abstract provided.
R' Blake Brown, A Trying Question: The Jury In Nineteenth-Century Canada, Mary Stokes
R' Blake Brown, A Trying Question: The Jury In Nineteenth-Century Canada, Mary Stokes
Dalhousie Law Journal
In a 1984 review essay on the inter-relationship(s) oflaw and society in English criminal law historiography, Doug Hay observed that "in history, there is no 'background,"" His point was that there are an infinite number ofbackgrounds, all of which are moving and changing, often in non-linear fashion, at different paces, either in counter-point or direct dialogue with the foreground which is the immediate subject ofexposition. Legal historians who put their topics "in context" by treating the background as static are now fortunately few, at least when this background is conceived of as social or economic. But as Hay observed, the …
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Examining Presidential Power Through The Rubric Of Equity, Eric A. White
Michigan Law Review
In this Note I propose a method to examine presidents' actions taken outside the normal bounds of executive power by employing the general rubric of equity, in an attempt to find when the president acts with what I term "practical legitimacy." This would be a new category for executive actions that, while perhaps arguably illegal, are so valuable that we want to treat them as legitimate exercises of executive power. To do so, I first examine the history of equity, noting the many relevant parallels to our modern conception of executive power In light of these parallels, I argue that …
Fault At The Contract-Tort Interface, Roy Kreitner
Fault At The Contract-Tort Interface, Roy Kreitner
Michigan Law Review
The formative period in the history of contract and tort (in the second half of the nineteenth century) may be characterized by the cleavage of contract and tort around the concept of fault: tort modernized by moving from strict liability to a regime of "no liability without fault," while contract moved toward strict liability. The opposing attitudes toward fault are puzzling at first glance. Nineteenth-century scholars of private law offered explanations for the opposition, reasoning that alternative ideas about fault account for the different character of state involvement in enforcing private law rights: tort law governs liabilities imposed by law …
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
Michigan Law Review
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …
Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland
Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland
The Journal of Appellate Practice and Process
No abstract provided.
"We're Your Government And We're Here To Help": Obtaining Amicus Support From The Federal Government In Supreme Court Cases, Patricia A. Millett
"We're Your Government And We're Here To Help": Obtaining Amicus Support From The Federal Government In Supreme Court Cases, Patricia A. Millett
The Journal of Appellate Practice and Process
No abstract provided.
Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan
Agents Of (Incremental) Change: From Myra Bradwell To Hillary Clinton, Gwen Hoerr Jordan
Nevada Law Journal
No abstract provided.
Supreme Neglect Of Text And History, William Michael Treanor
Supreme Neglect Of Text And History, William Michael Treanor
Michigan Law Review
Since his classic book Takings appeared in 1985, Richard Epstein's ideas have profoundly shaped debate about the Fifth Amendment's Takings Clause to a degree that no other scholar can even begin to approach. His broad, original, and stunningly ambitious reading of the clause has powerfully influenced thinking in academia, in the judiciary, and in the political arena. The firestorm of controvery that followed the Supreme Court's recent decision in Kelo - in which the Supreme Court upheld the constitutionality of a municipal urban renewal plan that displaced long-time homeowners and conveyed their land to developers - is in critical part …
The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson
The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson
University of Richmond Law Review
No abstract provided.
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
University of Richmond Law Review
No abstract provided.
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
Preaching To The Court House And Judging In The Temple, Nathan B. Oman
BYU Law Review
No abstract provided.
"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner
"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner
Michigan Law Review
Richard H. Pildes argued in an influential 2000 article that the U.S. Supreme Court's opinion in Giles v. Harris, which was written by Justice Oliver Wendell Holmes, was the "one decisive turning point" in the history of "American (anti)-democracy." In Giles, Holmes rejected on questionable grounds Jackson W. Giles's challenge to the new Alabama Constitution of 1901-a document which was designed to disfranchise and had the effect of disfranchising African Americans. The decision thus contributed significantly to the development of the all-white electorate in the South, and the concomitant marginalization of southern African Americans. According to Pildes, however, the …
Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison
Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison
Water Matters!
For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
American Indian Law Review
This article is a case study of United States v. Hatahley using the methodology of "legal archaeology" to reconstruct the historical, social, and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over one hundred horses and burros. The first section of the article presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining the parties, the history of incidents culminating …
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
Changing Equalities, Jack B. Weinstein
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John D. Bessler
Northwestern Journal of Law & Social Policy
In 1764, Cesare Beccaria, a 26-year-old Italian, penned . The treatise argued that state-sanctioned executions and torture violate natural law. As we near the 250th anniversary of its publication, author John D. Bessler provides a comprehensive review of the abolition movement, from before Beccaria's time to the present. Bessler reviews Beccaria's influence on Enlightenment thinkers and more importantly, on America's Founding Fathers. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in International Law towards the abolition of the death penalty. It then discusses the current state of the death penalty …
Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii
Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Rules, Rights And Religion: The Abyssinian Baptist Church And The Quest For Community, 1808-1810, Quinton H. Dixie
Seattle University Law Review
Religion, as with law, is partially about bringing together opposing narrative interpretations in order to better understand what believers feel is real. This morning I will show how narratives and their various interpretations display how communities bound by laws and morality express their understanding of who they are called to be.
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
UIC Law Review
No abstract provided.
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
UIC Law Review
No abstract provided.
Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek
Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek
UIC Law Review
No abstract provided.
Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power
Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power
UIC Law Review
No abstract provided.
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Seattle University Law Review
This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …
Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford
Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford
Michigan Journal of International Law
This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the "responsibility to protect" concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that "the primary raison d'être and duty" of every State is …
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl
UIC Law Review
No abstract provided.