Legal History Commons^™

The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Baker V. State And The Promise Of The New Judicial Federalism, Charles Baron, Lawrence Friedman

Charles H. Baron

In Baker v. State, the Supreme Court of Vermont ruled that the state constitution’s Common Benefits Clause prohibits the exclusion of same-sex couples from the benefits and protections of marriage. Baker has been praised by constitutional scholars as a prototypical example of the New Judicial Federalism. The authors agree, asserting that the decision sets a standard for constitutional discourse by dint of the manner in which each of the opinions connects and responds to the others, pulls together arguments from other state and federal constitutional authorities, and provides a clear basis for subsequent development of constitutional principle. This Article explores …

Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield

Kent Greenfield

This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of …

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

Arguments In Favour Of A Functional Theory Of Fundamental Rights, Gianluigi Palombella

Gianluigi Palombella

The article suggests a relational concept of fundamental rights. This concept

enhances the «functional» rôle played by some of the rights in the system of a state

governed by the rule of law, rather than an ethical universality or a substantial content

coinciding with any list of «human» rights. Fundamental rights belong to the fundamental

(ideal, substantice and normative) criteria of recognition/selection of actions and norms in

the institutional/normative practice of a legal order. Given this premise, the work analyses

some relevant issues: universal-fundamental nexus, property rights, liberty rights, social

rights. Fundamental rights refuse any rigid classification which identifies and …

James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.

Colonialism’S Civilizing Mission: The Case Of The Indian Hemp Drugs Commission, Daphna Hacker

Daphna Hacker

No abstract provided.

La Libertad Como La Propiedad Personal De Hacer Lo Que Uno Quiere, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.

The Federal Law Of Attorney Conduct, Daniel Coquillette, Judith Mcmorrow

Daniel R. Coquillette

No abstract provided.

Sulla Ragionevolezza Dei Termini Di Pagamento Nella Subcontrattazione: Profili Comparativi, Antonio Lordi

antonio lordi

No abstract provided.

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Lucian E Dervan

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

Apuntes Para Una Biobibliografía De Don Manuel Cervantes Rendón, Historiador Del Derecho, Óscar Cruz

Óscar Cruz Barney

No abstract provided.

Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Sharon Hamby O'Connor

Sharon Hamby O'Connor

No abstract provided.