Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Legal History

A Gospel Of Law, 30 J. Marshall L. Rev. 1039 (1997), Kevin L. Hopkins Jul 2015

A Gospel Of Law, 30 J. Marshall L. Rev. 1039 (1997), Kevin L. Hopkins

Kevin L. Hopkins

No abstract provided.


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan Jul 2015

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra Jul 2015

Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra

Thiago Luís Santos Sombra

With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …


The Unidroit Principles, 30 J. Marshall L. Rev. 761 (1997), Ann Lousin Jun 2015

The Unidroit Principles, 30 J. Marshall L. Rev. 761 (1997), Ann Lousin

Ann M. Lousin

No abstract provided.


Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng Jun 2015

Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng

Michael P. Seng

No abstract provided.


Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill May 2015

Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill

Timothy P. O'Neill

Like many law professors, I have coached my share of moot court teams. As you probably know, in most competitions students either choose or are assigned one side of the case to brief. But for the oral argument segment of the competition, students must argue both sides of the case, “on-brief” and “off-brief,” often in alternate rounds. At the end of a competition, with their heads still swimming with arguments and counterarguments, students will sometimes ask, “OK, so can you tell us which is the correct side?” I always say, “Of course I can. . . . The correct side …


The Past, Present, And Future Of Empirical Legal Scholarship: Judicial Decision Making And The New Empiricism, Michael Heise Feb 2015

The Past, Present, And Future Of Empirical Legal Scholarship: Judicial Decision Making And The New Empiricism, Michael Heise

Michael Heise

Over the last century, empirical legal scholarship has joined the ranks of the mainstream within the legal academy. In this article, Professor Heise traces the history of legal empiricism and discusses its growing role within the legal academy. First, the article traces legal empiricism through the twentieth century from the legal empiricism movement of the early twentieth century, to post-World War II efforts to revive legal empiricism, including the Chicago Jury Project and large-scale foundational support for empirical legal research, through current support for legal empirical research from both the law schools and other research centers. The article then discusses …


Above The Rules: A Response To Epstein And King, Frank Cross, Michael Heise, Gregory C. Sisk Feb 2015

Above The Rules: A Response To Epstein And King, Frank Cross, Michael Heise, Gregory C. Sisk

Michael Heise

No abstract provided.


The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise Feb 2015

The Future Of Civil Justice Reform And Empirical Legal Scholarship: A Reply, Michael Heise

Michael Heise

No abstract provided.


The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab Feb 2015

The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Stewart J Schwab

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability. Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article—which, thanks to its subtitle, we shall call The Cathedral—has had a remarkable influence on our own thinking, as we tried to show in a recent paper. This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom about …


A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner Jan 2015

A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner

James R Maxeiner

Conventional wisdom holds that the United States is a common law country of precedents where, until the 20th century (the “Age of Statutes”), statutes had little role. Digitization by Google and others of previously hard to find legal works of the 19th century challenges this common law myth. At the Centennial in 1876 Americans celebrated that “The great fact in the progress of American jurisprudence … is its tendency towards organic statute law and towards the systematizing of law; in other words, towards written constitutions and codification.” This article tests the claim of the Centennial Writers of 1876 and finds …