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Articles 1 - 9 of 9

Full-Text Articles in Legal History

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace Jun 2017

Text Of Solicitor Opinions And A Presidential Letter Regarding National Monuments And The Antiquities Act Of 1906, Mark Squillace

Research Data

These five full-text documents are cited in Mark Squillace, The Monumental Legacy of the Antiquities Act of 1906, 37 Ga. L. Rev. 473 (2003), available at http://scholar.law.colorado.edu/articles/508; and/or Mark Squillace, Eric Biber, Nicholas S. Bryner & Sean B. Hecht, Presidents Lack the Authority to Abolish or Diminish National Monuments, 103 Va. L. Rev. Online 55 (2017), http://www.virginialawreview.org/sites/virginialawreview.org/files/Hecht%20PDF.pdf:

  • U.S. Department of the Interior, Office of the Solicitor, Opinion of Apr. 20, 1915 (cited in Opinion of January 30, 1935, M-27657).
  • U.S. Department of ...


Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud Oct 2015

Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud

François Tanguay-Renaud

Wil Waluchow, McMaster University, discusses four concepts of legal validity and how these might help understand the role of constitutional moral tests for legal validity. Respondent: Les Green Osgoode Hall Law School/Oxford University


North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo Aug 2013

North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo

Faculty Publications By Year

No abstract provided.


The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul Mar 2013

The Duty To Make Amends To Victims Of Armed Conflict, Scott T. Paul

Scott T Paul

In the past decade, calls for monetary payments by warring parties to the civilians they harm have become significantly louder and more prominent. The law of armed conflict permits parties to harm civilians, so long as the harm is not excessive to the concrete and direct military advantage they anticipate gaining through an attack. This paper examines the current state of international law regarding duties owed to victims suffering harm as a result of lawful combat operations and discusses the moral obligations owed to them by the parties who cause them harm. The paper notes that civilians who suffer incidental ...


Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz Feb 2013

Data Underlying "Living Death: Ambivalence, Delay, And Capital Punishment", Marianne Wesson, Amy Kingston, Jocelyn Jenks, Laura Mcnabb, Lauren Seger, Genet Tekeste, Edwin Hurwitz

Research Data

The documents here archived contain data compilations researched and recorded by me and my research assistants in connection with the article by Marianne "Mimi" Wesson, Living Death: Ambivalence, Delay, and Capital Punishment (Feb. 20, 2013), https://ssrn.com/abstract=2221597.

Our research investigated four study jurisdictions: Arizona, Louisiana, Nevada, and Ohio. The data falls into two categories: analyses of reported appellate cases during designated periods in those jurisdictions; and investigations of the subsequent careers of every individual who resided on death row in one of our jurisdictions in April of 1995. The article further explains the impetus for these investigations ...


The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal Dec 2012

The Judicial Invention Of Property Norms: Ellickson's Whalemen Revisited, Robert Deal

Robert C. Deal

Robert C Ellickson argues that the close-knit community of American whalemen in the nineteenth century used norms of their own creation to settle arguments over contested whales without violence or frequent litigation. Ellickson also contends that these norms were largely adopted by courts as the property law of whaling. A close examination of trial transcripts and depositions from two litigated whaling disputes reveals, however, that whalemen settled contests not upon clear and widely accepted norms but rather upon the application of some rather general maxims that were often poorly understood even by experienced captains and crews. Whaling disputes were, in ...


Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne Jan 2012

Between “Metaphysics Of The Stone Age” And The “Brave New World”: H.L.A. Hart On The Law’S Assumptions About Human Nature, Péter Cserne

Péter Cserne

This paper analyses H.L.A. Hart’s views on the epistemic character of the law’s assumptions about human behaviour, as articulated in Causation in the Law and Punishment and Responsibility. Hart suggests that the assumptions behind legal doctrines typically combine common sense factual beliefs, moral intuitions, and philosophical theories of earlier ages with sound moral principles, and empirical knowledge. An important task of legal theory is to provide a ‘rational and critical foundation’ for these doctrines. This does not only imply conceptual clarification in light of an epistemic ideal of objectivity but also involves legal theorists in ‘enlightenment ...


Theories Of Law, Boon Leong, Andrew Phang Jan 2001

Theories Of Law, Boon Leong, Andrew Phang

Research Collection School Of Law

No abstract provided.


Constitutional Experiences Of The Five Civilized Tribes, Arrell M. Gibson Jan 1974

Constitutional Experiences Of The Five Civilized Tribes, Arrell M. Gibson

American Indian Law Review

No abstract provided.