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Articles 1 - 20 of 20
Full-Text Articles in Legal History
The Colonial Origins Of Liberal Property Rights, Elizabeth V. Mensch
The Colonial Origins Of Liberal Property Rights, Elizabeth V. Mensch
Buffalo Law Review
No abstract provided.
An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold
An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold
University of Arkansas at Little Rock Law Review
No abstract provided.
"Legal History" Or The History Of Law: A Primer On Bringing The Law's Past Into The Present, Stephen B. Presser
"Legal History" Or The History Of Law: A Primer On Bringing The Law's Past Into The Present, Stephen B. Presser
Vanderbilt Law Review
The increasing opportunities to teach legal history in law schools and the lamentable decline of positions available to historians in undergraduate institutions have resulted in more historians either teaching in law schools or combining graduate training in history with graduate training in law. As a result, several methodologies or approaches to legal history have emerged. Although legal history has generated a great deal of comment, few have written about how this spate of scholarship and criticism might affect law school teaching. This Article attempts to categorize and to review,therefore, the kinds of insights that American legal history currently offers both …
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
From Pillory To Penitentiary: The Rise Of Criminal Incarceration In Early Massachusetts, Adam J. Hirsch
Michigan Law Review
While the transition from the old forms of criminal sanction to incarceration was perhaps not, as Jeremy Bentham claimed, "one of the most signal improvements that have ever yet been made in our criminal legislation," one does not overstate to call it a signal development in the history of Anglo-American criminal justice - a development, one may add, that still wants adequate examination, much less explanation. This Article attempts to do both for one sample region: Massachusetts. Though the jurisprudential movement from pillory to penitentiary took place throughout the new American republic, as well as much of western Europe, our …
Introduction To Legal History Symposium, John Bernard Corr
Introduction To Legal History Symposium, John Bernard Corr
William & Mary Law Review
No abstract provided.
Morton Horwitz And The Transformation Af American Legal History, Wythe Holt
Morton Horwitz And The Transformation Af American Legal History, Wythe Holt
William & Mary Law Review
No abstract provided.
The Law In The American Revolution And The Revolution In The Law: A Collection Of Review Essays On American Legal History, Edited By Hendrik Hartog, Doyce B. Nunis Jr.
The Law In The American Revolution And The Revolution In The Law: A Collection Of Review Essays On American Legal History, Edited By Hendrik Hartog, Doyce B. Nunis Jr.
Indiana Law Journal
No abstract provided.
H.L.A. Hart By Neil Maccormick, Kenneth Henley
H.L.A. Hart By Neil Maccormick, Kenneth Henley
Vanderbilt Law Review
English legal positivism began with the clarity of Jeremy Bentham and John Austin, but their clarity sometimes was achieved by sacrificing conceptual subtlety. In 1961 H.L.A. Hart published The Concept of Law" and renewed the positivist tradition with a subtlety that did not sacrifice clarity. It is appropriate, therefore,that Neil MacCormick's study of Hart should begin the monograph series Jurists: Profiles in Legal Theory.'The conceptual separation between law and morals serves as the primary tenet of legal positivism. Although "positive morality"(the moral beliefs prevalent in a particular society) influences the development of law, the law-once formed-exists as a distinct social …
Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review
Law For The Elephant: Property And Social Behavior On The Overland Trial, Michigan Law Review
Michigan Law Review
A Review of Law for the Elephant: Property and Social Behavior on the Overland Trial by John Phillip Reid
Legal History And The Law Of Blasphemy, Morris S. Arnold
Legal History And The Law Of Blasphemy, Morris S. Arnold
Michigan Law Review
A Review of Treason Against God: A History of the Offense of Blasphemy by Leonard W. Levy
The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review
The First American Constitutions: Republican Ideology And The Making Of The State Constitutions In The Revolutionary Era, Michigan Law Review
Michigan Law Review
A Review of The First American Constitutions: Republican Ideology and the Making of the State Constitutions in the Revolutionary Era by Willi Paul Adams
Toward A New Theory Of Roman Law, David F. Pugsley
Toward A New Theory Of Roman Law, David F. Pugsley
Michigan Law Review
A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier
Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer
Antebellum Commercial Law: Common Law Approaches To Secured Transactions, Tony Freyer
Kentucky Law Journal
No abstract provided.
W. Howard Mann: An Appreciation, Philip B. Kurland
W. Howard Mann: An Appreciation, Philip B. Kurland
Buffalo Law Review
No abstract provided.
Encouraging Excellence, Marjorie Girth
A Tribute To W. Howard Mann, Philip Shuchman
The Case For Treason, George P. Fletcher
Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin
Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin
Michigan Journal of International Law
This article analyzes some of the significant post-World War II refugee crises and describes in summary how the international community responded to each. Overpopulation, legal and illegal migration, and repatriation of thousands of colonials have had a negative influence on public opinion with respect to rescuing and assisting refugees. Yet today the refugee problem and the attendant human suffering is growing. There are serious apprehensions about the mounting costs and the ability of those concerned to cope. The international machinery is stretched; inflation and unemployment in the industrialized world have further complicated the search for solutions. Present and future refugee …
Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg
Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg
Kentucky Law Journal
No abstract provided.
Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne
Securing Commercial Transactions In The Antebellum Legal System Of Louisiana, Richard Kilbourne
Kentucky Law Journal
No abstract provided.