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1990

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Institution
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Articles 1 - 30 of 49

Full-Text Articles in Legal History

Law As Text: A Response To Professor Michael Ryan, Robert N. Covington Nov 1990

Law As Text: A Response To Professor Michael Ryan, Robert N. Covington

Vanderbilt Law Review

Law, Professor Michael Ryan reminds us by his emphasis on law as legitimating representation, is also text. This is the most telling of the many points he sets out in his provocative and thoughtful article; for those of us called to the bar, it is an important reminder. For us lawyers, after all, law is not so much text as it is process, not so much noun as verb. It is not that we disregard the fact that law is in part a pen-and-ink affair. Our shelves sag with books; in academic life, few divisions of a university spend so …


Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes Oct 1990

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes

Dalhousie Law Journal

The Calgary Law Faculty is the youngest of the Canadian Law Schools, having been established in 1976. During the period under review the Faculty tackled developmental challenges that older Canadian law schools had faced years ago in generally less stringent economic times.


While Equity Slumbered: Creditor Advantage, A Capitalist Land Market, And Upper Canada's Missing Court, John C. Weaver Oct 1990

While Equity Slumbered: Creditor Advantage, A Capitalist Land Market, And Upper Canada's Missing Court, John C. Weaver

Osgoode Hall Law Journal

Until 1837, Upper Canada had no Court of Chancery. This omission forced stop-gap measures which in the area of mortgages produced a muddle. The confusion introduced into the land market led to protracted controversies among politicians and jurists during the 1820s and 1830s. The many complex principles and motives raised by the lack of an equitable jurisdiction generated much legislative controversy and experimentation. John Beverley Robinson often was central to vital discussions where he revealed both his intelligence and social biases favouring gentlemen of capital. Extremely complicated issues have deflected attention from the central issue: whether the colony needed equity, …


Mélanges. Louis-Philippe Pigeon, Marcel Joyal Oct 1990

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.


The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée Oct 1990

The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée

Dalhousie Law Journal

In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …


Beethoven And The Law: The Case Of The Nephew, Elliot M. Abramson Jul 1990

Beethoven And The Law: The Case Of The Nephew, Elliot M. Abramson

Florida State University Law Review

No abstract provided.


Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik May 1990

Doorkeepers: Legal Education In The Territories And Alberta, 1885-1928, Peter M. Sibenik

Dalhousie Law Journal

Legal education has been subjected to greater scrutiny in common law jurisdictions since the publication of Lawyers and the Courts in 1967.2 Most of the recent literature has addressed the issue of who received a legal education and became entitled to practise law. It has also examined how a conservative-minded profession regenerated itself, and whether it equipped new recruits with the proper tools to meet the challenges of a changing society.


Newfoundland And Dominion Status, Christine Boyle May 1990

Newfoundland And Dominion Status, Christine Boyle

Dalhousie Law Journal

The relationship between Canada and Newfoundland was under stress for a number of different reasons during the eighties. There was a dispute over off-shore mineral rights' as well as concern over French fishing rights.2 For those interested in the relationship, Dr. Gilmore's book, Newfoundland and Dominion3 Status, subtitled The External Affairs Competence and International Law Status of Newfoundland, 1855-1934, therefore provides a useful historical background as well as fascinating information about the constitutional development of Newfoundland. This may be of interest as well to constitutional and international scholars generally as well as to Newfoundland's neighbours in the Maritimes.


Critical Legal Studies, Michael F. Colosi May 1990

Critical Legal Studies, Michael F. Colosi

Michigan Law Review

A Review of Critical Legal Studies by Allan C. Hutchinson


"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard May 1990

"His Whole Life Was One Of Continual Warfare": John Thomas Bulmer, Lawyer, Librarian And Social Reformer, Philip Girard

Dalhousie Law Journal

There is a small secondary literature on Bulmer. D.C. Harvey provides an authoritative account of his career as Provincial Librarian, while Bulmer's friend Benjamin Russell concentrates on his legal career in a biographical tribute published three decades after his death.4 Aside from passing references to his devotion to the cause of prohibition, however, no one has investigated Bulmer's career as a social reformer. An over-emphasis on Bulmer's admittedly extraordinary personality has prevented a full appreciation of the complexity of this multi-faceted individual; and this gap in turn has tended to obscure an important chapter in Nova Scotian social history. This …


Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson May 1990

Of Persons And Property: The Politics Of Legal Taxonomy, David Cohen, Allan C. Hutchinson

Dalhousie Law Journal

To talk of law without politics or history is nonsensical. All lawyers must concede that what they do takes place in historical circumstances and has political consequences. Every piece of law-making and law-application is a governmental act; it relies on political authority and claims binding force. Moreover, all legal activity occurs within a particular historical context; it is intended to respond to or influence a past, existing or anticipated state of affairs. This means that the study of law must concern itself with politics and history generally: it must not confine itself to only the politics and history of law. …


The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson May 1990

The Faculty Of Law, University Of Manitoba 1964-1989, D T. Anderson

Dalhousie Law Journal

The purpose of this brief, informal, note is to continue the account of the work and development of the University of Manitoba Faculty of Law, 1966-1984, given by C.H.C. Edwards and J.R. London in (1984), 9 Dalhousie Law Journal 166, through 1989.


The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald May 1990

The National Law Programme At Mcgill: Origins, Establishment, Prospects, Roderick A. Macdonald

Dalhousie Law Journal

This article is about the history of an idea, and about the curriculum of a Faculty of Law within which that idea has been pursued for more than a century. Its purpose is to explore the intellectual origins of the current National Programme of legal education at McGill University, to review the circumstances of its establishment agd evolution over the past two decades, and to evaluate its prospects as the Faculty's sesquicentennial celebrations approach.


The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman May 1990

The Fiercest Debate: Cecil A. Wright, The Benchers And Legal Education In Ontario 1923-1957, W R. Lederman

Dalhousie Law Journal

In the dozen years after the end of the Second World War, long-standing conflicts about the nature of education for the legal profession in Ontario became especially acute. Fortunately, climax and successful compromise came in 1957. In that year the Law Society of Upper Canada, which had controlled legal education and admission to practice from the early days of the Colony of Upper Canada, gave up its monopoly of legal education and conceded an equal position in this respect to Ontario universities willing and able to enter the field. Several were, and promptly did so. Indeed the University of Toronto …


Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof May 1990

Equal Protection, Class Legislation, And Sex Discrimination: One Small Cheer For Mr. Herbert Spencer's Social Statics, Mark G. Yudof

Michigan Law Review

A Review of The Fourteenth Amendment: From Political Principle to Judicial Doctrine by William E. Nelson


History's Challenge To Feminism, Jeanne L. Schroeder May 1990

History's Challenge To Feminism, Jeanne L. Schroeder

Michigan Law Review

A Review of Law, Sex, and Christian Society in Medieval Europe by James A. Brundage


The Hohfeldian Approach To Law And Semiotics, J. M. Balkin May 1990

The Hohfeldian Approach To Law And Semiotics, J. M. Balkin

University of Miami Law Review

No abstract provided.


Why Holmes?, Mathias Reimann May 1990

Why Holmes?, Mathias Reimann

Michigan Law Review

A Review of Honorable Justice: The Life of Oliver Wendell Holmes by Sheldon M. Novick


Invasion Of Privacy: The Cross Creek Trial Of Marjorie Kinnan Rawlings, Laura J. Hines May 1990

Invasion Of Privacy: The Cross Creek Trial Of Marjorie Kinnan Rawlings, Laura J. Hines

Michigan Law Review

A Review of Invasion of Privacy: The Cross Creek Trial of Marjorie Kinnan Rawlings by Patricia Nassif Acton


Classical Republicanism And The American Revolution, Gordon S. Wood Apr 1990

Classical Republicanism And The American Revolution, Gordon S. Wood

Chicago-Kent Law Review

In his Classical Republicanism and the American Revolution, Professor Wood outlines the evolution of republicanism from antiquity to the eighteenth century and notes the ensuing evolution of American politics away from even this late republicanism.


The Revolutionary Idea Of University Legal Education, Paul D. Carrington Apr 1990

The Revolutionary Idea Of University Legal Education, Paul D. Carrington

William & Mary Law Review

No abstract provided.


Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber Feb 1990

Women, Mothers, And The Law Of Fright: A History, Martha Chamallas, Linda K. Kerber

Michigan Law Review

This article presents a gendered history of the law's treatment of fright-based physical injuries. Our goal is to connect the law of fright to the changing cultural and intellectual forces of the twentieth century. Through a feminist lens, we reexamine the accounts of the legal treatment of fright-based injuries offered by Victorian-erajurists, traditionalist legal scholars of the first two decades of the twentieth century, a legal realist in the 1930s, and a Freudian medical-legal commentator from the 1940s, all of whom helped to shape present-day tort doctrine. We conclude with an account of Dillon v. Legg, in which the …


Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr. Jan 1990

Balancing Law And Politics: Senate Oversight Of The Attorney General Office, 23 J. Marshall L. Rev. 151 (1990), Joseph R. Biden Jr.

UIC Law Review

No abstract provided.


Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson Jan 1990

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.


A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii Jan 1990

A Brief Argument For Greater Control Of Litigation Discretion - The Public Interest And Public Choice Contexts, 23 J. Marshall L. Rev. 215 (1990), Walter J. Kendall Iii

UIC Law Review

No abstract provided.


On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton Jan 1990

On The Steadfastness And Courage Of Government Lawyers, 23 J. Marshall L. Rev. 165 (1990), Roger C. Cramton

UIC Law Review

No abstract provided.


Incommensurable Values, Rational Choice, And Moral Absolutes, David Luban Jan 1990

Incommensurable Values, Rational Choice, And Moral Absolutes, David Luban

Cleveland State Law Review

My comments in this paper are directed to just one argument, or rather one cluster of arguments, deployed by John Finnis in just three pages of Natural Law and Legal Reasoning. I am referring to Finnis's argument that the goods and bad at stake in legal, moral and political choice are incommensurable, and to the conclusions he draws from this argument. I will argue that while the incommensurability thesis is true, that is so for reasons somewhat different than those Finnis advances (section I); that in its most common form the incommensurability thesis does not in all cases imply the …


The Virtues Of Redundancy In Legal Thought, Randy E. Barnett Jan 1990

The Virtues Of Redundancy In Legal Thought, Randy E. Barnett

Cleveland State Law Review

Redundancy has a bad reputation among legal intellectuals. My interest in the virtues of redundancy grows out of my interest in the social function of the liberal conception of justice and the rule of law. In this essay, I propose that legal theorists pay serious attention to the concept of redundancy used by engineers. I explain how redundancy-in this special sense-is essential to any intellectual enterprise in which we try to reach action-guiding conclusions, including the enterprise of law. I will describe the virtues of redundancy in legal thought. I want to explain why it is useful to rely on …


Survey - Developments In Maryland Law, 1988-89 Jan 1990

Survey - Developments In Maryland Law, 1988-89

Maryland Law Review

No abstract provided.


Promulgating The Marriage Contract, Lynn A. Baker Jan 1990

Promulgating The Marriage Contract, Lynn A. Baker

University of Michigan Journal of Law Reform

I begin Part I of this Article by positing several logically necessary, but insufficient, conditions that precede a state's decision to promulgate a law more aggressively than usual. I then show that each of these conditions was met with regard to the economic terms of the marriage contract in virtually all states by 1975. In Part II, I explore what Louisiana's unusually aggressive promulgation of certain terms of the marriage contract reveals about the legal system's conception of the marital relationship as of 1975. In Part III, I discuss what is added to that conception of the modern marital relationship …