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Full-Text Articles in Legal History
Gambling, Commodity Speculation, And The 'Victorian Compromise', Joshua C. Tate
Gambling, Commodity Speculation, And The 'Victorian Compromise', Joshua C. Tate
Faculty Journal Articles and Book Chapters
This Essay examines two major strands of nineteenth-century jurisprudence related to gambling: Southern cases defining public and private space for the purpose of state gambling statutes, and Northern cases applying the intent to deliver test to speculative contracts. The Essay argues that both lines of cases reflect what Lawrence Friedman has termed the Victorian compromise: A strong official stance against immoral behavior is conjoined with de facto acceptance of many questionable practices, provided that they are conducted in a manner acceptable to the elite. The Essay concludes that nineteenth-century judges sought to preserve the semblance of a strict prohibition against …
Gambling And The Law In The Nineteenth Century South: Evidence From Nacogdoches County, Texas, 1838-1839, Joshua C. Tate
Gambling And The Law In The Nineteenth Century South: Evidence From Nacogdoches County, Texas, 1838-1839, Joshua C. Tate
Faculty Journal Articles and Book Chapters
No abstract provided.
John Locke And The Meaning Of The Takings Clause, Jeffrey M. Gaba
John Locke And The Meaning Of The Takings Clause, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
ohn Locke, political philosopher and all around polymath, stands as a central figure in the development of Western conceptions of property rights and democratic institutions. If not the sole voice that is echoed in the American revolution and the Constitutional Convention, he clearly influenced the founders, particularly James Madison, and he thus represents an intellectual force that is a legitimate part of the current debate over the relationship between government power and individual property rights.
The purpose of this article is to provide both a detailed analysis of Locke to aid the Takings debate and a particular reading of the …