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Articles 1 - 8 of 8

Full-Text Articles in Legal History

Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff Dec 2015

Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff

Maryland Law Review

No abstract provided.


Legal Epistemologies, Howard Schweber Dec 2015

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.


Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger Oct 2015

Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger

The Journal of Appellate Practice and Process

No abstract provided.


Canadian Constitutional Identities, Eric M. Adams Oct 2015

Canadian Constitutional Identities, Eric M. Adams

Dalhousie Law Journal

Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …


The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice Batlan Jun 2015

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice Batlan

Akron Law Review

By examining the LHPA, this Article seeks, however modestly, to extend the Hurstian project. The Article argues that the LHPA, composed of a group of middle-class women interacting with their environment, neighbors, the courts, private businesses, and city and state officials, on a deeply local and quotidian basis, had a significant impact in shaping a multitude of New York City laws and law had a profound affect in creating and molding the work and identity of the organization.


Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan Jun 2015

Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan

Akron Law Review

A preface to the four papers presented at the Annual Meeting of the Section on Legal History, American Association of Law Schools, held on January 7, 2011, in San Francisco.


Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud Apr 2015

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how …


Progressive Legal Thought, Herbert Hovenkamp Mar 2015

Progressive Legal Thought, Herbert Hovenkamp

Washington and Lee Law Review

No abstract provided.