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Articles 1 - 30 of 97
Full-Text Articles in Legal History
Hope In The Life Of Thomas More, Thomas L. Shaffer, Stanley Hauerwas
Hope In The Life Of Thomas More, Thomas L. Shaffer, Stanley Hauerwas
Thomas L. Shaffer
No abstract provided.
Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount
Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount
Thomas L. Shaffer
No abstract provided.
La Dialettica Di Principî E Regole Nel Diritto Europeo Deicontratti: Dal Pecl Al Cesl, E Oltre, Pietro Sirena
La Dialettica Di Principî E Regole Nel Diritto Europeo Deicontratti: Dal Pecl Al Cesl, E Oltre, Pietro Sirena
Pietro Sirena
The article aims at challenging the current definitions of the principles of law from the point of view of the European legal system. Its multi-levelled structure and its constitutional architecture, strongly based on the subsidiarity of the European Union, call for a new understanding of its principles. The authors of the article assume that the principles of European law are to be identified with the common core of the national legal orders, i.e. with the ius commune Europaeum, and with the constitutional condition of its application by the European Court of Justice. Such principles should be obtained through the critical …
Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power
Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power
Garrett Power
For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812. While the focus of the seminar has changed from year …
Pound's Century, And Ours, Jay Tidmarsh
The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer
The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
The Gift Of Milner Ball, Thomas L. Shaffer
Lawyers As Prophets, Thomas L. Shaffer
Discretion In Making Legal Decisions: A Frances Lewis Law Center Colloquium, Thomas L. Shaffer
Discretion In Making Legal Decisions: A Frances Lewis Law Center Colloquium, Thomas L. Shaffer
Thomas L. Shaffer
Colloquium papers, pp. 1161-1311, edited by Professor Shaffer.
Advocacy As Moral Discourse, Thomas L. Shaffer
Advocacy As Moral Discourse, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Levinson Builds The Kingdom: Comment On "Professing Law", Thomas L. Shaffer
Levinson Builds The Kingdom: Comment On "Professing Law", Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
David Hoffman's Law School Lectures, 1822-1833, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Overcoming Impediments To Information Sharing, Avishalom Tor, Amitai Aviram
Overcoming Impediments To Information Sharing, Avishalom Tor, Amitai Aviram
Avishalom Tor
When deciding whether to share information, firms consider their private welfare. Discrepancies between social and private welfare may lead firms excessively to share information to anti-competitive ends - in facilitating of cartels and other harmful horizontal practices - a problem both antitrust scholarship and case law have paid much attention to. On the other hand, legal scholars have paid far less attention to the opposite type of inefficiency in information sharing among competitors - namely, the problem of sub-optimal information sharing. This phenomenon can generate significant social costs and is of special importance in network industries because the maintenance of …
Closing Argument, James H. Seckinger
Presenting Expert Testimony, James H. Seckinger
Presenting Expert Testimony, James H. Seckinger
James H. Seckinger
No abstract provided.
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
An Overview Of The Scholarship In Law And Religion Of Judge John T. Noonan, Jr., Robert E. Rodes
Robert Rodes
No abstract provided.
On The Historical School Of Jurisprudence, Robert E. Rodes
On The Historical School Of Jurisprudence, Robert E. Rodes
Robert Rodes
Legal theory has tended to treat the Historical School as a poor relation, but it has important contributions to make. Developed in opposition to the one-size-fits-all form of natural law that eventuated in the Code Napoleon, it attributes law to a Volksgeist, the spirit of a people, as developed in the peculiar historical experience of that people. The original German proponents of the school had trouble explaining the reception of Roman law in Germany, but despite the importation of technical elements from without, a people's laws are in fact part of their culture and of their spiritual heritage as these …
Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes
Non-Representational Jurisprudence: A Centennial Reading Of "The Path Of The Law", Robert E. Rodes
Robert Rodes
This paper analyzes particular passages in Holmes's famous lecture, and notes important inconsistencies and failings in his approach. After arguing strongly that moral considerations should not enter into legal judgments, he criticizes legal judgments in the light of moral considerations. After defining law as a prediction of what the courts will do, he seems to criticize courts for getting the law wrong in their decisions. His advice to learn the legal profession by studying law from the standpoint of a bad man leaves out of account the numerous potential clients who wish to be law abiding citizens and to seal …
Trademark Use And The Problem Of Source, Mark P. Mckenna
Trademark Use And The Problem Of Source, Mark P. Mckenna
Mark P. McKenna
This Article mediates a scholarly debate regarding the existence and desirability of a "trademark use" doctrine. It argues that trademark use is a predicate of liability under the Lanham Act, but those who advocate treating trademark use as a threshold question put much more weight on that concept than it can bear. Courts cannot consistently apply trademark use as a distinct element of the plaintiff's prima facie case because trademark use can be determined only from the perspective of consumers. Specifically, courts can determine whether a defendant has made trademark use of a plaintiff's mark only by asking whether consumers …
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Editorial Introduction, Gerard V. Bradley, John M. Finnis
Gerard V. Bradley
This Article is a forward to nine articles from the 2001 Symposium on Natural Law and Human Fulfillment, held at Notre Dame Law School. The Symposium was held to mark the 35th anniversary of the publication of Germain Grisez's "The First Principle of Practical Reason: A Commentary on the Summa Theologiae."
Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley
Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley
Gerard V. Bradley
Timothy Endicott tells the tale of the "wise electrician." The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation, which cheaper to acquire and, in his professional judgment, it is safe. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. …
The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George
The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George
Gerard V. Bradley
No abstract provided.
Response To Hittinger, Gerard V. Bradley
Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett
Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett
Richard W Garnett
"Judicial activism," writes Professor Kermit Roosevelt, of Penn, has been employed as an "excessive and unhelpful" charge--one "essentially empty of content." As a substitute, Roosevelt reviews here the framework for analysis of Supreme Court opinions that receives fuller treatment in his recent book, The Myth of Judicial Activism. Professor Richard W. Garnett, of Notre Dame, is willing to go along with "much, though not all, of" Roosevelt's position. Ultimately, Garnett suggests "that 'judicial activism' might be salvaged, and used as a way of identifying and criticizing decisions...that fail to demonstrate th[e] virtue" of constitutional "humility."
Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza
Continuity And Rupture In "New Approaches To Comparative Law", Paolo G. Carozza
Paolo G. Carozza
No abstract provided.
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Catholic Faith And Legal Scholarship, Gerard V. Bradley
Catholic Faith And Legal Scholarship, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia
Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia
Anthony J. Bellia
In his paper "International Human Rights in American Courts," Judge Fletcher concludes that Sosa v. Alvarez-Machain “has left us with more questions than answers.” Sosa attempted to adapt certain principles belonging to the "general law" to a post-Erie positivistic conception of common law while maintaining fidelity to certain historical expectations. “[I]t would be unreasonable,” the Court thought, “to assume that the First Congress would have expected federal courts to lose all capacity to recognize enforceable international norms simply because the common law might lose some metaphysical cachet on the road to modern realism.” The Court was unwilling, however, out …
Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer
Copyright And The First Amendment: Comrades, Combatants, Or Uneasy Allies?, Joseph P. Bauer
Joseph P. Bauer
The copyright regime and the First Amendment seek to promote the same goals. Both seek the creation and dissemination of more, better, and more diverse literary, pictorial, musical and other works. But, they use significantly different means to achieve those goals. The copyright laws afford to the creator of a work the exclusive right to reproduce, distribute, transform, and perform that work for an extended period of time. The First Amendment, on the other hand, proclaims that Congress "shall make no law...abridging the freedom of speech or of the press," thus at least nominally indicating that limitations on the reproduction …