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Full-Text Articles in Legal History

Forum Fights And Fundamental Rights: Amenability’S Distorted Frame, James P. George Jun 2023

Forum Fights And Fundamental Rights: Amenability’S Distorted Frame, James P. George

Faculty Scholarship

Framing—the subtle use of context to suggest a conclusion—is a dubious alternative to direct argumentation. Both the brilliance and the bane of marketing, framing also creeps into supposedly objective analysis. Law offers several examples, but a lesser known one is International Shoe’s two-part jurisdictional test. The framing occurs in the underscoring of defendant’s due process rights contrasted with plaintiff’s “interests” which are often dependent on governmental interests. This equation ignores, both rhetorically and analytically, the injured party’s centuries-old rights to—not interests in—a remedy in an open and adequate forum.

Even within the biased frame, the test generally works, if not …


The Union Of Law And Equity: The United States, 1800-1938, Kellen R. Funk Jan 2019

The Union Of Law And Equity: The United States, 1800-1938, Kellen R. Funk

Faculty Scholarship

David Dudley Field was the architect of the union – or fusion or merger – of equity and law in New York state, and the Field Code was widely adopted in other states. Field’s vision of the union of law and equity has prevailed in the United States, including at the federal level, at least in theory. However, the practise of law and acts of the courts indicate that the reality is rather different. Equity was not sundered by the Field Code or its federal counterpart, the Federal Code of Civil Procedure 1938. Equity continues to operate distinctly in various …


Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank Apr 2005

Florida's Request For Admission Rule: 150 Years On The Road To Inconsistency, Ineffectiveness And Appellate Nullification, Mitchell J. Frank

Faculty Scholarship

No abstract provided.


The Shea Act, Robert J. Condlin Jan 1970

The Shea Act, Robert J. Condlin

Faculty Scholarship

No abstract provided.


Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar Jan 1965

Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar

Faculty Scholarship

No abstract provided.