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Articles 1 - 30 of 39
Full-Text Articles in Legal History
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White
William & Mary Law Review
No abstract provided.
Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker
Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker
North Carolina Central Law Review
No abstract provided.
Updating Statutory Interpretation, T. Alexander Aleinikoff
Updating Statutory Interpretation, T. Alexander Aleinikoff
Michigan Law Review
This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.
Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard
Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard
Dalhousie Law Journal
This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …
Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman
Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman
Dalhousie Law Journal
My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …
Philosophy, History, And Judging, Donald P. Boyle Jr.
Philosophy, History, And Judging, Donald P. Boyle Jr.
William & Mary Law Review
No abstract provided.
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Lord Mansfield And Negotiable Instruments, Jane D. Samson
Dalhousie Law Journal
In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
Michigan Law Review
A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Reconstituting "Original Intent": A Constitutional Law Encyclopedia For The Next Century, David M. Skover
Michigan Law Review
A Review of Encyclopedia of the American Constitution by Leonard Levy, Kenneth Karst and Dennis Mahoney
The Settlement Of Disputes In Early Medieval Europe, David A. Westrup
The Settlement Of Disputes In Early Medieval Europe, David A. Westrup
Michigan Law Review
A Review of The Settlement of Disputes in Early Medieval Europe Edited by Wendy Davies and Paul Fouracre
Human Rights And International Relations, Sandip Bhattacharji
Human Rights And International Relations, Sandip Bhattacharji
Michigan Law Review
A Review of Human Rights and International Relations by R.J. Vincent
Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks
Constitutional Opinions: Aspects Of The Bill Of Rights, Kenneth F. Sparks
Michigan Law Review
A Review of Constitutional Opinions: Aspects of the Bill of Rights by Leonard W. Levy
The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan
The Enduring Constitution: A Bicentennial Perspective, Robert F. Drinan
Michigan Law Review
A Review of The Enduring Constitution: A Bicentennial Perspective by Jethro K. Lieberman
The Believer And The Powers That Are, Elizabeth Ferguson
The Believer And The Powers That Are, Elizabeth Ferguson
Michigan Law Review
A Review of The Believer and the Powers That Are by John T. Noonan, Jr.
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
New Deal Labor Policy And The American Industrial Economy, Patrick T. Connors
Michigan Law Review
A Review of New Deal Labor Policy and the American Industrial Economy by Stanley Vittoz
Book Review: Legal Papers Of Andrew Jackson, Walter F. Pratt, Jr.
Book Review: Legal Papers Of Andrew Jackson, Walter F. Pratt, Jr.
Vanderbilt Law Review
The Legal Papers of Andrew Jackson is a handsomely edited book and a credit both to its editors and its publisher." James W. Ely, Jr. and Theodore Brown, Jr. have done an impressive job of supplementing the limited manuscript record with information about the attorneys, the litigants, and the issues involved in each of the selected cases.' In fact,the additions are so substantial that the title is somewhat misleading:this is really a carefully documented account of the history of law in central Tennessee between 1787 and 1804. The result is a valuable addition to the emerging history of law in …
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Washington Law Review
By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney
Washington Law Review
By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …
Locked In And Locked Out: Reflections On The History Of Divorce Law Reform In New York State, Isabel Marcus
Locked In And Locked Out: Reflections On The History Of Divorce Law Reform In New York State, Isabel Marcus
Buffalo Law Review
No abstract provided.
The Legal Chapter In The Jin-Shu, Jutta Brunnée
The Legal Chapter In The Jin-Shu, Jutta Brunnée
Dalhousie Law Journal
Relatively little is still known of law and legal thinking in ancient China. This recent book by Robert Heuser sheds some light on this era. The book, published in German, draws upon a chapter of the Jin-Shu dynastic chronicle which surveys the events in the Chinese Empire of the first centuries, A.D.
Maximilien Bibaud, 1823-1887: The Pioneer Teacher Of International Law In Canada, R Stj Macdonald
Maximilien Bibaud, 1823-1887: The Pioneer Teacher Of International Law In Canada, R Stj Macdonald
Dalhousie Law Journal
Maximilien Bibaud was a most unusual man: student of philosophy, history, and literature, teacher, author, chronicler and reformer of the law, founder of the first organized law school in Canada, true pioneer of the teaching of international law in this country. Insolently but exhilaratingly new in both his ideas and his techniques for legal education, Bibaud was far in advance of his time. As we mark the centenary of his death in 1987, his interests and achievements are as relevant today as they were when he opened his law school 136 years ago.
Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli
Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli
UIC Law Review
No abstract provided.
Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman
Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman
UIC Law Review
No abstract provided.
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby
UIC Law Review
No abstract provided.
The Law Of Piracy: Table Of Contents, Alfred P. Rubin
The Law Of Piracy: Table Of Contents, Alfred P. Rubin
International Law Studies
No abstract provided.
Toward A Revisionist History Of The Supreme Court, Mark Tushnet
Toward A Revisionist History Of The Supreme Court, Mark Tushnet
Cleveland State Law Review
The bicentennial year provoked a reconsideration of not only the era of the framing but of constitutional history as a whole. At one point I thought that I might participate in that effort by writing a history of the Supreme Court, updating Robert McCloskey's classic book in light of recent scholarship. It turned out that that project was too daunting for me. There was too much material to assimilate before I could feel comfortable in trying to present or even develop a history of the Supreme Court. This essay is, therefore, only a sketch of a revisionist history of the …
Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen
Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen
UIC Law Review
No abstract provided.
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
UIC Law Review
No abstract provided.
The Law Of Piracy: Appendices, Alfred P. Rubin
The Law Of Piracy: Appendices, Alfred P. Rubin
International Law Studies
No abstract provided.
Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky
UIC Law Review
No abstract provided.