Legal History Commons^™

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

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

Thomas L. Shaffer

No abstract provided.

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

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 …

Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert Rodes

Robert Rodes

No abstract provided.

Pound's Century, And Ours, Jay Tidmarsh

Jay Tidmarsh

No abstract provided.

The Jurisprudence Of John Howard Yoder, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

The Gift Of Milner Ball, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Lawyers As Prophets, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

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

Thomas L. Shaffer

No abstract provided.

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

Thomas L. Shaffer

No abstract provided.

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

James H. Seckinger

No abstract provided.

Presenting Expert Testimony, James H. Seckinger

James H. Seckinger

No abstract provided.

Secular Cases In The Church Courts: A Historical Survey, Robert Rodes

Robert Rodes

No abstract provided.

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

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

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

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 …

Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Kaveny

M. Cathleen Kaveny

It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.

The topics that Professor Rodes has considered over the years …

Listening For The Future In The Voices Of The Past: John T. Noonan, Jr. On Love And Power In Human History, M. Kaveny

M. Cathleen Kaveny

No abstract provided.

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

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

Gerard V. Bradley

No abstract provided.

Response To Hittinger, Gerard V. Bradley

Gerard V. Bradley

No abstract provided.

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

Paolo G. Carozza

No abstract provided.