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Articles 1 - 30 of 38

Full-Text Articles in Legal History

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd Jan 2020

Reevaluating Politicized Identity & Notions Of An American Political Community In The Legal & Political Process, Marvin L. Astrada Jd, Phd

Indiana Journal of Law and Social Equality

No abstract provided.


Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley Jan 2019

Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley

Indiana Law Journal

This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.

Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …


Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz Oct 2012

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.


Roscoe Pound And The Future Of The Good Government Movement, Charles G. Geyh Jan 2007

Roscoe Pound And The Future Of The Good Government Movement, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve Jan 2002

Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake Jan 2001

Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake

Articles by Maurer Faculty

Evolutionary Theory can be helpful in understanding the law and determining what it should be. There are two ways in which the evolutionary perspective differs from an economic perspective on law. Not only does the evolutionary approach shift our attention from the world today to the environment of evolutionary adaptation, it shifts our focus from rational individuals to rational genes and from rational behaviors to rational design of mental architecture. Finally, the law of law's leverage makes predictions about the relative elasticities of demand for all sorts of behaviors, including those that did and did not exist in the environment …


Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake Jan 2001

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve Jan 1998

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall Jan 1988

Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad Jan 1987

Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen Jan 1986

The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen

Articles by Maurer Faculty

In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …


Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio Jan 1979

Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio

Indiana Law Journal

This article was delivered on March 15 & 16, 1979, at the Indiana University School of Law, Bloomington, as a part of the Addison C. Harris lecture series.


Integrative Jurisprudence, Jerome Hall Jan 1976

Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

Editorial Note: The following paper was originally presented in Mexico City on December 10, 1975, in a symposium honoring Professor Emeritus Luis Recasens Siches of the National University of Mexico.


Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer Jan 1971

Antilaw Sentiments And Their Philosophical Foundations, Edgar Bodenheimer

Indiana Law Journal

No abstract provided.


Law And Today's Crisis-Situations, Thomas E. Davitt Jan 1971

Law And Today's Crisis-Situations, Thomas E. Davitt

Indiana Law Journal

No abstract provided.


Analytic Philosophy And Jurisprudence, Jerome Hall Jan 1966

Analytic Philosophy And Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


From Legal Theory To Integrative Jurisprudence, Jerome Hall Jan 1964

From Legal Theory To Integrative Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Legal Sanctions, Jerome Hall Jan 1961

Legal Sanctions, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall Jan 1958

Book Review. Friedrich, C. J., The Philosophy Of Law In Historical Perspective, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Reason And Reality In Jurisprudence, Jerome Hall Jan 1958

Reason And Reality In Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Present Position Of Jurisprudence In The United States, Jerome Hall Jan 1958

The Present Position Of Jurisprudence In The United States, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Conservative Mind, By Russell Kirk, Byrum E. Carter Jan 1954

The Conservative Mind, By Russell Kirk, Byrum E. Carter

Indiana Law Journal

No abstract provided.


Book Review. Pound, Roscoe, Justice According To Law, Ralph F. Fuchs Jan 1952

Book Review. Pound, Roscoe, Justice According To Law, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.


Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall Jan 1951

Book Review. Stone, J., The Providence And Function Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall Jan 1951

The Challenge Of Jurisprudence: To Build A Science And Philosophy Of Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Cohen, M. R., Reason And Law, Jerome Hall Jan 1950

Book Review. Cohen, M. R., Reason And Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Book Review. Ross, A., Towards A Realistic Jurisprudence, Jerome Hall Jan 1949

Book Review. Ross, A., Towards A Realistic Jurisprudence, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Concerning The Nature Of Positive Law, Jerome Hall Jan 1949

Concerning The Nature Of Positive Law, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Liberty Against Government: The Rise, Flowering And Decline Of A Famous Juridical Concept, By By Edward S. Corwin, John P. Frank Oct 1948

Liberty Against Government: The Rise, Flowering And Decline Of A Famous Juridical Concept, By By Edward S. Corwin, John P. Frank

Indiana Law Journal

No abstract provided.


Book Review. Radin, M., Law As Logic And Experience, Jerome Hall Jan 1941

Book Review. Radin, M., Law As Logic And Experience, Jerome Hall

Articles by Maurer Faculty

No abstract provided.