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Articles 151 - 168 of 168
Full-Text Articles in Legal History
Власть И Отечественная Наука: Формирование Государственной Политики (1917-1941 Гг.), Leonid G. Berlyavskiy
Власть И Отечественная Наука: Формирование Государственной Политики (1917-1941 Гг.), Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Despite cardinal changes of political regime throughout 1917-1941, the science remained essential factor of the social development in the USSR. The essence of the State scientific policy was use and development with a view of the socialist modernisation. By the State were applied such methods, as legislative adjustment, State budgetary financing, management of system of the organisation scientific activities, political control on the researces.
The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson
The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson
Robert G. Natelson
This is the first of several writings by the author on the original meaning of the Constitution's Necessary and Proper Clause. It explains part of the legal background of the Clause, identifies it as a recital (not an independent grant of power) of the 18th century doctrine of incidental powers, and explains the content of that doctrine. The article has since been updated and supplemented by the author's signed chapters in Lawson, Miller, Natelson & Seidman, The Origins of the Necessary and Proper Clause (Cambridge Univ. Press, 2010).
The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson
The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson
Robert G. Natelson
This article explains the original meaning/understanding of the Constitution's General Welfare Clause, including the scope of the taxing and spending power granted to Congress
The Constitution And The Public Trust, Robert G. Natelson
The Constitution And The Public Trust, Robert G. Natelson
Robert G. Natelson
The American Founders believed that public officials were bound by fiduciary obligations, and they wrote that view into the Constitution. This article copiously documents their position.
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
Carlo A. Pedrioli
In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …
Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav
Israelische Rechtsgeschichte: Vergangenheit Und Gegenwart, Assaf Likhovski, Ron Harris, Alexandre Kedar, Pnina Lahav
Assaf Likhovski
No abstract provided.
The Enumerated Powers Of States, Robert G. Natelson
The Enumerated Powers Of States, Robert G. Natelson
Robert G. Natelson
This article lists and discusses the powers reserved exclusively to the states, according the representations made to the ratifying public during the debates over the U.S. Constitution.
The Constitutional Contributions Of John Dickinson, Robert G. Natelson
The Constitutional Contributions Of John Dickinson, Robert G. Natelson
Robert G. Natelson
This article reviews the impact on the drafting and adoption of the U.S. Constitution of the man sometimes referred to as the most underappreciated Founder
Statutory Retroactivity: The Founders' View, Robert G. Natelson
Statutory Retroactivity: The Founders' View, Robert G. Natelson
Robert G. Natelson
The article explains the extent to which the Founders' Constitution permitted and prohibited retroactive legislation, and the provisions in that document relevant to the question.
A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson
A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson
Robert G. Natelson
Nearly all participants in the American Founding shared constitutiona/ values of "sympathy" and "independence." According to the ideal of sympathy, government actors should mirror the full range of popular attitudes. According to the ideal of independence, voters should remain independent of other citizens and of governmental entities, and those entities should remain independent of, and competitive with, each other. Sympathy and independence were central, not peripheral, to the Founders' Constitution, so the document cannot be interpreted properly without keeping them in view. The author provides examples of how constitutional practice might be altered had these central values not been overlooked.
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Bibliography Of Legal History Articles Appearing In Law Library Journal, Volumes 1-94 (1908-2002), Joel Fishman, Adrienne Adan, Laura Bedard, Christopher Knott, Nancy Mcmurrer, Nancy Poehlmann, Margaret Schilt
Joel Fishman
This article provides an annotated listing of all legal history articles published in Law Library Journal from 1906-2002
A Canadian's View From The Staten Island Ferry, Gerald Lebovits
A Canadian's View From The Staten Island Ferry, Gerald Lebovits
Gerald Lebovits
No abstract provided.
James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson
James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson
Robert G. Natelson
This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.
Self-Defense: The Equalizer, David B. Kopel, Linda Gorman
Self-Defense: The Equalizer, David B. Kopel, Linda Gorman
David B Kopel
Experiments in tightening gun-control laws have eroded the right of self defense and failed to stop serious crime. Studies Japan, the United Kingdom, Canada, and Australia.
The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds
The Evolving Police Power: Some Observations For A New Century, David B. Kopel, Glenn Harlan Reynolds
David B Kopel
A review of state and federal courts decisions on the scope of state police powers suggests that the shift from the more restrictive sic utere principle to the more open salus populi principle may be reversing, with courts -- at least in cases involving sex and marriage -- taking a much more skeptical view of government objectives and justifications.
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Of Enchantment: The Passing Of The Ordeals And The Rise Of The Jury Trial, Trisha Olson
Trisha Olson
No abstract provided.
All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson
All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson
David B Kopel
Whenever civil liberties issues are contested, proponents of greater restrictions often chide civil liberties defenders for being unwilling to offer moderate concessions. Frequently, persons advocating restrictions on civil liberties claim that the "moderate" restriction will not infringe the core civil liberty. When rights advocates raise the "slippery slope" argument, they are criticized for being excessively fearful. The goal of the article is to refine our understanding of "slippery slopes" by examining a case in which a civil liberty really did slide all the way down the slippery slope.
The right to arms in Great Britain was entirely unrestricted at the …
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds
David B Kopel
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …