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Articles 1 - 5 of 5
Full-Text Articles in Legal History
Forum Fights And Fundamental Rights: Amenability’S Distorted Frame, James P. George
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
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
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
Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar
Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar
Faculty Scholarship
No abstract provided.