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Articles 1 - 30 of 87
Full-Text Articles in Legal History
The Opinion Volume 34 Number 7 – December 7, 1993, The Opinion
The Opinion Volume 34 Number 7 – December 7, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 7, 1993
The Opinion Volume 34 Number 6 – November 16, 1993, The Opinion
The Opinion Volume 34 Number 6 – November 16, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 16, 1993
The Opinion Volume 34 Number 5 – November 2, 1993, The Opinion
The Opinion Volume 34 Number 5 – November 2, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 2, 1993
The Opinion Volume 34 Number 4 – October 19, 1993, The Opinion
The Opinion Volume 34 Number 4 – October 19, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 19, 1993
The Opinion Volume 34 Number 3 – October 5, 1993, The Opinion
The Opinion Volume 34 Number 3 – October 5, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 5, 1993
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
Akron Law Faculty Publications
Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
On Misreading John Bingham And The Fourteenth Amendment, Richard L. Aynes
Richard L. Aynes
Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment Incorporate the Bill of Rights? According to Fairman, it does not. Fairman's analysis of the congressional debates and other historical data on the Fourteenth Amendment led him to conclude that the Privileges or Immunities Clause of the Amendment does not make the Bill of Rights applicable to the states. Instead, Fairman argued that the intent of the Amendment's framers is most nearly realized by the use of the Due Process Clause to enforce against the states only those rights “ ‘implicit in the concept of …
Law Reform Error: Retry Or Abort?, Audrey Macklin
Law Reform Error: Retry Or Abort?, Audrey Macklin
Dalhousie Law Journal
The void left by the demise of the Law Reform Commission of Canada (LRCC) in 1991 presents an opportunity to rethink the scope and legitimacy of law reform as it has been conceptualized and practised by academic lawyers. I am concerned that the dominant meaning ascribed to the term "federal law reform" under the tenure of the LRCC was partial, inadequate, and ultimately conservatizing in its influence. In reviewing past commentary on law reform in Canada, I have been struck by the recurring themes that emerged from the literature. I was particularly impressed by an exceptional piece written by the …
False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood
False Witness: A Lawyer's History Of The Law Of Perjury, Richard H. Underwood
Law Faculty Scholarly Articles
From Cain to Potiphar's Wife to the pig and chicken laws of the Lex Salica of Clovis I, Professor Underwood examines the role of the false witness throughout history. Take a voyage extraordinaire and encounter some of history's most notorious perjurers.
The Opinion Volume 34 Number 2 – September 21, 1993, The Opinion
The Opinion Volume 34 Number 2 – September 21, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 21, 1993
The Opinion Volume 34 Number 1 – September 8, 1993, The Opinion
The Opinion Volume 34 Number 1 – September 8, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 8, 1993
Baseline Problems In Assessing Chapter 11, Theodore Eisenberg
Baseline Problems In Assessing Chapter 11, Theodore Eisenberg
Cornell Law Faculty Publications
Dealing with failing businesses is like dealing with failing marriages. It is messy. The bigger the business the messier the process is likely to be. Many big business failures in the United States go through their death throes or cure their ills in reorganizations under Chapter 11 of the Bankruptcy Act. As the vehicle in which big business messes travel, Chapter 11 is viewed as unnecessarily complex, time-consuming, and costly. The justification for Chapter 11's very existence has been challenged.
This article suggests that we are blaming the vehicle for the mess that it carries. Much of what is problematic …
The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen
The Future Of Our Past: The Legal Mind And The Legacy Of Classical Common-Law Thought, Donald H. Gjerdingen
Indiana Law Journal
No abstract provided.
Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell
Legal Policy, Technique And Research In Family Law—Some Comparative Aspects, Anders Agell
Brigham Young University Journal of Public Law
No abstract provided.
"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush
"Take This Job And Shove It": The Rise Of Free Labor, Jonathan A. Bush
Michigan Law Review
A Review of The Invention of Free Labor: The Employment Relation in English and American Law and Culture, 1350-1870 by Robert J. Steinfeld
Repossession: Of History, Poverty, And Dissent, Martha Minow
Repossession: Of History, Poverty, And Dissent, Martha Minow
Michigan Law Review
A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones
Transforming History In The Postmodern Era, G. Edward White
Transforming History In The Postmodern Era, G. Edward White
Michigan Law Review
A Review of The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy by Morton J. Horwitz
A Tale Of Two Rivers, Carol M. Rose
A Tale Of Two Rivers, Carol M. Rose
Michigan Law Review
A Review of The Green Cathedral: Sustainable Development of Amazonia by Juan de Onis and Nature Incorporated: Industrialization and the Waters of New England by Theodore Steinberg
Strangers On A Train, Peirre N. Leval
Strangers On A Train, Peirre N. Leval
Michigan Law Review
A Review of Make No Law: The Sullivan Case and the First Amendment by Anthony Lewis
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman
Michigan Law Review
A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.
Intellectual History, Probability, And The Law Of Evidence, Peter Tillers
Intellectual History, Probability, And The Law Of Evidence, Peter Tillers
Michigan Law Review
A Review of "Beyond Reasonable Doubt" ad "Probable Cause": Historical Perspectives on the Anglo-American Law of Evidence by Barbara J. Shapiro
The Opinion Volume 33 Number 16 – April 22, 1993, The Opinion
The Opinion Volume 33 Number 16 – April 22, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated April 22, 1993
The Political Process As Final Solution, Charles M. Freeland
The Political Process As Final Solution, Charles M. Freeland
Indiana Law Journal
No abstract provided.
Ideology And The Emergence Of Legal Aid In Saskatchewan, Jennie Abell
Ideology And The Emergence Of Legal Aid In Saskatchewan, Jennie Abell
Dalhousie Law Journal
My work at Saskatchewan legal aid (from 1978 to 1982) generated questions for me about law and social change, and about the origins of legal aid in the context of the expansion of the welfare state. I examined the history of legal aid under the N.D.P. in Saskatchewan from 1974-1982 in an earlier work.' I concluded that the Saskatchewan N.D.P did not significantly differ from other provincial parties in its handling of legal aid during that period, and in that sense that legal aid as it was elaborated under a social democratic government was not fundamentally altered.
The Opinion Volume 33 Number 15 – March 30, 1993, The Opinion
The Opinion Volume 33 Number 15 – March 30, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 30, 1993. Includes Onion spoof issue overwrap.
The Opinion Volume 33 Number 14 – March 18, 1993, The Opinion
The Opinion Volume 33 Number 14 – March 18, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 18, 1993
The Opinion Volume 33 Number 13 – March 3, 1993, The Opinion
The Opinion Volume 33 Number 13 – March 3, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 3, 1993
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo
Washington and Lee Law Review
No abstract provided.
The Opinion Volume 33 Number Se – February 22, 1993, The Opinion
The Opinion Volume 33 Number Se – February 22, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 22, 1993
The Opinion Volume 33 Number 12 – February 15, 1993, The Opinion
The Opinion Volume 33 Number 12 – February 15, 1993, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 15, 1993