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Articles 1 - 30 of 147

Full-Text Articles in Legal History

Graveyard Of Reputations: Writing Institutional History, Daniel R. Coquillette Mar 2016

Graveyard Of Reputations: Writing Institutional History, Daniel R. Coquillette

Daniel R. Coquillette

Keynote address on writing institutional history.


Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports Jan 2016

Justice Blackmun's Mark On Criminal Law And Procedure, Kit Kinports

Kit Kinports

When Justice Blackmun was nominated to the Court in 1970, Americans were consumed with the idea of crime control. In the 1968 presidential campaign, Richard Nixon had called the Supreme Court "soft on crime" and had promised to "put 'law and order' judges on the Court." While sitting on the Eighth Circuit, the Justice had "seldom struck down searches, seizures, arrests or confessions," and most of his opinions in criminal cases had "affirmed guilty verdicts and sentences." Thus, according to one commentator, Justice Blackmun seemed to be "exactly what Nixon was looking for: a judge who believed in judicial restraint ...


Targeted Killing: A Legal And Political History, Markus Gunneflo Dec 2015

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is ...


From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer Nov 2015

From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.


On The Battlefield Of Merit, Daniel Coquillette Oct 2015

On The Battlefield Of Merit, Daniel Coquillette

Daniel R. Coquillette

Lecture based on Professor Coquillette's extensive research on the history of Harvard Law School as well as on his book of the same title.


War, Dearth And Theft In The Eighteenth Century: The Record Of The English Courts, Douglas Hay Oct 2015

War, Dearth And Theft In The Eighteenth Century: The Record Of The English Courts, Douglas Hay

Douglas C. Hay

No abstract provided.


Writing Canadian Legal History: Origins, Philip Girard Oct 2015

Writing Canadian Legal History: Origins, Philip Girard

Philip Girard

No abstract provided.


Dewey And Holmes: Pragmatic Theories Of Law, Catharine Wells Sep 2015

Dewey And Holmes: Pragmatic Theories Of Law, Catharine Wells

Catharine P. Wells

An explanation of the similarities between Oliver Wendell Holmes, Jr.'s and John Dewey's theories of law.  The point of the presentation was to show how the two men opened up and found a third alternative to the realist/formalist conflict.


Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau Aug 2015

Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau

Sonya G Bonneau

Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?

This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social ...


Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin Jul 2015

Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin

Emanuela A. Matei

Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU ...


The History Of Legal Education In The 1930'S: The Formation Of Modern Legal Pedagogy, Daniel Coquillette Jul 2015

The History Of Legal Education In The 1930'S: The Formation Of Modern Legal Pedagogy, Daniel Coquillette

Daniel R. Coquillette

Lecture on the history of legal education and pedagogy.


Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf Jan 2015

Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf

Neil J. Kinkopf

No abstract provided.


Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand Dec 2014

Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand

Michael A Helfand

No abstract provided.


Justice Stevens And His Clerks, Nancy Marder Dec 2014

Justice Stevens And His Clerks, Nancy Marder

Nancy S. Marder

No abstract provided.


Book Review (Reviewing Thomas Healy, The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America (2013)), Steven Heyman Dec 2014

Book Review (Reviewing Thomas Healy, The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America (2013)), Steven Heyman

Steven J. Heyman

No abstract provided.


Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett Dec 2014

Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett

John Ehrett

This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution ...


Comparative Racialization: From Subjugation To Resistance And Remedy, Tanya Washington Oct 2014

Comparative Racialization: From Subjugation To Resistance And Remedy, Tanya Washington

Tanya Monique Washington

No abstract provided.


Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William Gregory, Rennard Strickland Oct 2014

Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William Gregory, Rennard Strickland

William A. Gregory

No abstract provided.


Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger Sep 2014

Citizenship In Red And Yellow: Elk V. Wilkins And United States V. Wong Kim Ark, Bethany Berger

Bethany Berger

American Indians and ethnic Chinese played outsized roles in the transformation of citizenship in the late nineteenth century, shaping debates and providing patterns as the geographic, racial, and ideological borders of citizenship hardened and the federal role and discretion in policing them expanded. Today, this transformation influences everything from the treatment of children of undocumented immigrants to tribal land, sovereign, and treaty rights to the status of U.S. island territories. This Article examines these changes and what they meant for the individuals and communities involved through the lenses of Elk v. Wilkins and United States v. Wong Kim Ark ...


The Life And Times Of Targeted Killing, Markus Gunneflo Dec 2013

The Life And Times Of Targeted Killing, Markus Gunneflo

Markus Gunneflo

Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer ...


Reflections And American Legal History, Danne Johnson Dec 2013

Reflections And American Legal History, Danne Johnson

Danne L. Johnson

No abstract provided.


What The Actions Of Abe Lincoln Continue To Teach Us Today, Michael Slinger Dec 2013

What The Actions Of Abe Lincoln Continue To Teach Us Today, Michael Slinger

Michael J. Slinger

No abstract provided.


Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius Jul 2013

Parenthood Meets Market-Functionalism: Parental Rights In The Labour Market And The Importance Of Gender, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller Jul 2013

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

For the legal historian, the Age of Justinian is nothing short of pivotal. Medievalists and early modernists interested in the so-called reception of Roman law in later times and places must look back to Justinian and his law books, as classicists and historians interested in Roman republican or early imperial law must frequently look forward to them.

Justinian’s law books are, of course, the Digest, the Code, the Institutes, and the Novels (Novellae Constitutiones), which have become known collectively as the Corpus Iuris Civilis (CIC).

It soon becomes clear to those interested in the CIC that the standard modern ...


Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson Jul 2013

Fifteen Years And Death: Double Jeopardy, Multiple Punishments, And Extended Stays On Death Row, Michael J. Johnson

Michael P. Johnson

Fifteen Years and Death is a Note that considers a completely novel application of the Double Jeopardy Clause to excessive time on death row. Traditionally, death penalty opponents have attacked the now fifteen-year average wait time on death row as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishments, but this argument has fallen flat time and time again as courts have been reluctant to find merely living in prison to be “cruel” or “unusual.” Most courts do admit, however, that such time on death row does constitute some sort of punishment. As originally imagined, the ...


Intersections Of Age And Gender, Jenny Julén Votinius Jun 2013

Intersections Of Age And Gender, Jenny Julén Votinius

Jenny Julén Votinius

No abstract provided.


American Legal Education: Where Did It Come From? Where Is It Going?, Daniel Coquillette Mar 2013

American Legal Education: Where Did It Come From? Where Is It Going?, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.


Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock Feb 2013

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension ...


Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock Feb 2013

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension ...


Progressive Possibilities For Corporate Law, Kent Greenfield Jan 2013

Progressive Possibilities For Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.