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Legal History Commons

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Articles 1 - 8 of 8

Full-Text Articles in Legal History

Circumspect Agatis Revisted, David K. Millon Dec 2012

Circumspect Agatis Revisted, David K. Millon

David K. Millon

None available.


Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon Dec 2012

Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon

David K. Millon

None available.


Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade Nov 2012

Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade

Richard T. Bowser

No abstract provided.


Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade Nov 2012

Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade

J. Stanley McQuade

No abstract provided.


Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed Mar 2012

Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed

Thomas J Reed

No abstract provided.


Shaping The Disclosure Tort: A History Of Scholars' Early Importance And Modern Impotence, Jared A. Wilkerson Dec 2011

Shaping The Disclosure Tort: A History Of Scholars' Early Importance And Modern Impotence, Jared A. Wilkerson

Jared A. Wilkerson

Legal scholars have rarely encountered an area such as common law privacy, in which they had a guiding hand over the course of seventy-five years (1890–1965). Since then, however, scholars’ attempts to modify Prosser’s disclosure tort have failed. This article chronicles the early and potent scholarly influence from Warren and Brandeis to Hand, Pound, and Prosser. It continues with recent academic attempts to modify the disclosure tort, none of which has affected the narrow cause of action last touched by Prosser in the Restatement (Second). The article shows that, notwithstanding enormous efforts by some of America’s most respected scholars, would-be …


The Long And Winding Road From Monroe To Connick, Sheldon Nahmod Dec 2011

The Long And Winding Road From Monroe To Connick, Sheldon Nahmod

Sheldon Nahmod

In this article, I address the historical and doctrinal development of § 1983 local government liability, beginning with Monroe v. Pape in 1961 and culminating in the Supreme Court’s controversial 2011 failure to train decision in Connick v. Thompson. Connick has made it exceptionally difficult for § 1983 plaintiffs to prevail against local governments in failure to train cases. In the course of my analysis, I also consider the oral argument and opinions in Connick as well as various aspects of § 1983 doctrine. I ultimately situate Connick in the Court’s federalism jurisprudence which doubles back to Justice Frankfurter’s view …


The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson Dec 2011

The Origins And Efficacy Of Private Enforcement Of Animal Cruelty Law In Britain, Jerry L. Anderson

Jerry L. Anderson

In 1822, the British Parliament enacted a landmark statute to punish the abuse of animals, known as Martin’s Act, named after Richard Martin, MP, who championed the bill. The Act provided a criminal penalty of up to £5 for the cruel treatment of cattle, a term which included horses, oxen, and sheep. Because the Act was the first national statute aimed at animal cruelty, scholars have naturally focused on its substance, which established an important new norm governing the relationship between humans and other animals. However, the Act would not have been successful without vigorous prosecution, which helped define the …