Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Legal History

Public Values And Professional Responsibility, W. Bradley Wendel Oct 1999

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles Oct 1999

Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles

Cornell Law Faculty Publications

This article draws upon one year of ethnographic research at United Nations conferences to challenge some common academic assumptions about what it means to "do" international law. The article compares the work of academic international lawyers - founded in making models of an international system - to the work of practitioners - exemplified by the work of making documents, and demonstrates the particular, peculiar nature of each kind of knowledge, from the point of view of the observer. This leads to a set of conclusions concerning how an academic study of international law influenced by an appreciation of the particularity …


The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman Jul 1999

The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


The Principles Of The Rule Of Law, Robert S. Summers Jun 1999

The Principles Of The Rule Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler Jun 1999

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


Create Your Own Constitutional Theory, Michael C. Dorf May 1999

Create Your Own Constitutional Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Should Progressives Support The Constitution?, Steven H. Shiffrin Apr 1999

Should Progressives Support The Constitution?, Steven H. Shiffrin

Cornell Law Faculty Publications

In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …


The Importance Of Being Empirical, Michael Heise Jan 1999

The Importance Of Being Empirical, Michael Heise

Cornell Law Faculty Publications

Legal scholarship is becoming increasingly empirical. Although empirical methodologies gain important influence within the legal academy, their application in legal research remains underdeveloped. This paper surveys and analyzes the state of empirical legal scholarship and explores possible influences on its production. The paper advances a normative argument for increased empirical legal scholarship.


Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles Jan 1999

Wigmore's Treasure Box: Comparative Law In The Era Of Information, Annelise Riles

Cornell Law Faculty Publications

This article revisits the work of a canonical but quixotic figure in early American comparative law, John Henry Wigmore, as a lens through which to imagine what comparative law's role might be in the era of globalization. Wigmore's "pictorial method", compared here to the "treasure boxes" of Ming and Ch'ing Dynasty Chinese emperors, in which precious objects of different scales and eras were appreciated aesthetically side by side, presents a challenge to the many "modernist" approaches to comparative law in existence today. An exploration of the intellectual history of comparative law through the disjuncture of Wigmore's work engenders a treatment …