Legal History Commons^™

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

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 version …

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 Double …

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

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

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

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

Kent Greenfield

No abstract provided.

Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield

Kent Greenfield

No abstract provided.

Featured Speaker, Demos Monthly Meeting, Kent Greenfield

Kent Greenfield

No abstract provided.

Presentation Of New Research On The First Black Graduates Of Harvard Law School, Daniel Coquillette

Daniel R. Coquillette

Presentation on the results of new research conducted as part of the Harvard Law History Project. The Project has made a number of major new discoveries about the first black graduates of Harvard Law School, documenting four more men of extraordinary lives and achievement who studied at Harvard prior to 1910 (in addition to three already documented).

Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik

Spencer J. Coopchik

In a globalized economy it is important for Western lawyers and investors to understand Islamic banking and finance. Islamic banking’s rapid growth in the past two decades has come as surprise to many in the financial markets. More surprising is that the legality of most financial transactions is decided by a select group of jurists sitting on Shari’ah Supervisory Boards. Islamic banking is a financial system governed by the Shari’ah. Many often misperceive Islamic banking as traditional financial practices veiled in Islamic legal fiction. This misconception is due in part to a lack of understanding of the Islamic legal principles …

Re-Emerging Equality. Traditions Of Justice In The Cultural Roots Of The Arab Revolutions, Giancarlo Anello, Khaled Qatam

giancarlo anello

For years, modern Egyptian Islamic thinkers have been attempting to define Islamic ideals of social justice and the way in which they had been betrayed in the post-colonial period. This paper will discuss and critique the mid-20th century works of theorists of the Muslim Revolution like Mahmud Abbas ‘Aqqad (author of al-dymuqratyah fy al-islam, Democracy in Islam) and Sayyid Qutb (author of al-‘adalah al-ijtima‘iyya fy al-islam, Social Justice in Islam) in order to shape the discourse about the relevance of their theories of democracy, justice and equality for today’s political movements.