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SelectedWorks

2004

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Articles 1 - 13 of 13

Full-Text Articles in Legal History

Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich Jan 2004

Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).


Власть И Отечественная Наука: Формирование Государственной Политики (1917-1941 Гг.), Leonid G. Berlyavskiy Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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.


Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel Jan 2004

Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel

Jonathan Yovel

By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration ...


Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman Jan 2004

Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman

Joel Fishman

This article celebrates forty years of publication of the Duquesne Law Review.


Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman Jan 2004

Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman

Joel Fishman

Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.


Nociones Generales Y Esquemas Ordenadores Introductorios Al Curso De Historia General Del Derecho, Juan Pablo Pampillo Jan 2004

Nociones Generales Y Esquemas Ordenadores Introductorios Al Curso De Historia General Del Derecho, Juan Pablo Pampillo

Juan Pablo Pampillo Baliño

No abstract provided.


The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman Jan 2004

The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman

Deborah M. Weissman

This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a ...


Acquisition Of Living Things By Specification, Ernest Metzger Jan 2004

Acquisition Of Living Things By Specification, Ernest Metzger

Ernest Metzger

Ownership of the product of living things, such as human tissue or cultures developed from human cells, is difficult for the law to determine. Civilian jurisdictions, with their legal heritage grounded in Roman law, offer one solution. Civilian jurisdictions would resolve such cases under the rules of specification. A recent case from the Outer House of the Scottish Court of Session (Kinloch Damph Ltd v Nordvik Salmon Farms Ltd) addresses the problem. The case was properly decided, though the grounds of the decision could be improved. Specifically, on civil law principles, civilian courts ought to award ownership of a living ...


Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger Jan 2004

Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger

Ernest Metzger

Roman law has been admired for a long time. Its admirers, in their enthusiasm, have sometimes borrowed ideas from their own time and attributed them to the Romans, thereby filling some gap or fixing some anomaly. Roman private law is a well known victim of this. Roman civil procedure has been a victim as well, and the way Roman judges are treated in the older literature provides an example. For a long time it has been accepted, and rightly so, that the decision of a Roman judge did not make law. But the related, empirical question, whether Roman judges ever ...


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 Jan 2004

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 ...