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Articles 1 - 30 of 43
Full-Text Articles in Legal History
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
What Causes Fundamental Legal Ideas? Marital Property In England And France In The Thirteenth Century, Charles Donahue Jr.
Michigan Law Review
Categorizing broadly, the marital property systems of the Western nations today are divided into two types: those in which husband and wife own all property separately except those items that they have expressly agreed to hold jointly (in a nontechnical sense) and those in which husband and wife own a substantial portion or even all of their property jointly unless they have expressly agreed to hold it separately. The system of separate property is the "common law" system, in force in most jurisdictions where the Anglo-American common law is in force. The system of joint property is the community property …
William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey
William And Mary Bicentennial Commemoraiton: New Light On The General Court Of Colonial Virginia, Frank L. Dewey
William & Mary Law Review
No abstract provided.
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Oliver Wendell Holmes And External Standards Of Criminal And Tort Liability: Application Of Theory On The Massachusetts Bench, William A. Lundquist
Buffalo Law Review
No abstract provided.
American Legal Realism And Empirical Social Science: From The Yale Experience, John Henry Schlegel
American Legal Realism And Empirical Social Science: From The Yale Experience, John Henry Schlegel
Buffalo Law Review
No abstract provided.
The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross
The First Two Vinerian Professors: Blackstone And Chambers, Rupert Cross
William & Mary Law Review
This is the second in a series of four articles commemorating the bicentennial of American legal education, dating from the establishment of the first chair of law and police, occupied by George Wythe, at the College of William and Mary on December 4, 1779. The colonial antecedents to the College's formal relation to professional legal education may be traced to the career of Sir John Randolph, a student at William and Mary, 1705-1713, who then prepared for the bar at Gray's Inn, London (1715-1717). Randolph's two sons, Peyton ("The Patriot") and John ("The Tory") followed his example, first at the …
Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi
Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi
Indiana Law Journal
No abstract provided.
The Structure Of Blackstone's Commentaries, Duncan Kennedy
The Structure Of Blackstone's Commentaries, Duncan Kennedy
Buffalo Law Review
No abstract provided.
Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu
Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu
Michigan Law Review
This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
The Rise Of Prisons And The Origins Of The Rehabilitative Ideal, Carl E. Schneider
Michigan Law Review
A Review of The Discovery of the Asylum: Social Order and Disorder in the New Republic by David J. Rothman
Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob
Doing Good And Getting Worse: The Dilemma Of Social Policy, Gerald N. Grob
Michigan Law Review
A Review of Doing Good: The Limits of Benevolence by Willard Gaylin, Ira Glasser, Steven Marcus, and David J. Rothman
One Philosophy For An American Revolution, Paul K. Conkin
One Philosophy For An American Revolution, Paul K. Conkin
Michigan Law Review
A Review of The Philosophy of the American Revolution by Morton White
The Greek Concept Of Justice, Michigan Law Review
The Greek Concept Of Justice, Michigan Law Review
Michigan Law Review
A Review of The Greek Concept of Justice by Eric A. Havelock
Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond
Legal Realism And Historical Method: J. Willard Hurst And American Legal History, Stephen Diamond
Michigan Law Review
A Review of Law and Social Order in the United States by James Willard Hurst
The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran
The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran
Michigan Law Review
A Review of Inventing America: Jefferson's Declaration of Independence by Garry Wills
Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney
Trials Without End: Some Comments And Reviews On The Sacco-Vanzetti, Rosenberg, And Hiss Cases, Terry A. Cooney
Michigan Law Review
A Review of Porter: The Never-Ending Wrong, and Meeropol & Meeropol: We Are Your Sons: The Legacy of Ethel and Julius Rosenberg, and Weinstein:Perjury: The Hiss-Chambers Case
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Racial Prejudice And Scholarly Prejudice: New Confrontations At The Selma Bridge, J. Mills Thornton Iii
Michigan Law Review
A Review of Protest at Selma: Martin Luther King, Jr., and the Voting Rights Act of 1965 by David J. Garrow
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
The Cardinal's Court: The Impact Of Thomas Wolsey In Star Chamber, Michigan Law Review
Michigan Law Review
A Review of The Cardinal's Court: The Impact of Thomas Wolsey in Star Chamber by John A. Guy
The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge
The Rev. John Bracken V. The Visitors Of William And Mary College: A Post-Revolutionary Problem In Visitatorial Jurisdiction, J. W. Bridge
William & Mary Law Review
No abstract provided.
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Vanderbilt Law Review
Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …
Professor Dworkin's Views On Legal Positivism, Genaro R. Carrio
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.
Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie
Geneva Convention For The Amelioration Of The Condition Of The Wounded And Sick Of Armies Inthefield (27 July 1929), Howard S. Levie
International Law Studies
No abstract provided.
Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie
Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie
International Law Studies
No abstract provided.
The History Of Legal Education In Virginia, W. Hamilton Bryson
The History Of Legal Education In Virginia, W. Hamilton Bryson
University of Richmond Law Review
The English Inns of Court in London had ceased to perform their educational functions in the middle of the seventeenth century. For the next hundred years or so, there was no formal or organized instruction of the English common law. Lawyers, both barristers and solicitors in England and in America, learned their profession as best they could in unstructured situations. They learned by serving as apprentices or clerks to practicing lawyers, by the independent reading of law books, and by observation in the courtroom itself.
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
Seattle University Law Review
Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
Report Of The Commission On The Responsibility Of The Authors Of The [First World] War And On Enforcement Of Penalties (29 March 1919), Howard S. Levie
International Law Studies
No abstract provided.
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Because All The World Was Not New York City: Governance, Property Rights, And The State In The Changing Definition Of A Corporation, 1730-1860, Hendrik Hartog
Buffalo Law Review
No abstract provided.
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Vanderbilt Law Review
This brief survey has superficially touched upon the most prominent works of the historiography of slavery and has ignored the large mass of work on subjects such as slavery in the various states, slave rebellions, slave reminiscences, and the anti-slavery crusade. With the exception of the Civil War, perhaps more has been written about slavery than any other aspect of southern history. Despite the great amount of scholarship devoted to the study of slavery, however, there has been, as Keir Nash points out, little scholarly work done on the legal history of slavery. One hopes this gap will be bridged …
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
The Tennessee County Courts Under The North Carolina And Territorial Governments: The Davidson County Court Of Pleas And Quarter Sessions, 1783-1796, As A Case Study, Theodore Brown Jr.
Vanderbilt Law Review
This Note will attempt to provide the framework for a more extended institutional examination of the post-revolutionary courts that functioned in the counties of western-most North Carolina and,beginning in 1790, the Territory South of the River Ohio before their organization into the new state of Tennessee in June 1796. The Note initially will set forth the jurisdiction and the regulatory authority of the county courts of pleas and quarter sessions under the North Carolina and territorial governments, will describe the jurisdiction and authority of the courts' individual justices, and will examine the role of the petit jury in exercising a …
David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield
David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield
Maryland Law Review
No abstract provided.
Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard
Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard
University of Richmond Law Review
A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."