Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 5 of 5

Full-Text Articles in Legal History

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler Jan 2012

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims ...


Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski Jan 2012

Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski

Assaf Likhovski

This Article discusses the use of arguments about “culture” in two debates about the imposition, application and abolition of income tax law: A debate about the transplantation of British income taxation to British-ruled Palestine in the early twentieth century, and a debate about tax privacy in late eighteenth-century and early nineteenth-century Britain. In both cases, “culture,” or some specific aspect of it (notions of privacy) appeared in arguments made by opponents of the tax. However, it is difficult to decide whether the use of cultural arguments in these debates simply reflected some “reality” that existed prior to these debates, whether ...


Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger Jan 2012

Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger

Marie A. Failinger

This article surveys mentions of Islam and Muslims in American federal and state court cases from 1800 to 1960.


‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila Jan 2012

‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila

Justine Pila

Section 39(1) of the Patents Act 1977 governs the ownership of inventions devised by employees in the course of their employment. Introduced ‘to codify in a few lines the accumulated common law experience’ prior to 1977, it does not expressly differentiate between employment fields, and has been widely assumed to apply indiscriminately, without regard to the particular context of employment. The purpose of this article is to revisit that assumption. In the argument made, section 39(1) was built around a private sector paradigm the courts’ departure from which is supported by a ‘rational reason’ in the Shanks v ...


Hawthorne's 'Spectacle Of Guilt And Shame' And The Law Of Adultery In Puritan New England: 1631-1694., Joshua Erspamer Mr. Jan 2012

Hawthorne's 'Spectacle Of Guilt And Shame' And The Law Of Adultery In Puritan New England: 1631-1694., Joshua Erspamer Mr.

joshua Erspamer Mr.

The death penalty for the crime of adultery was only imposed on three occasions by the courts in colonial New England. Of these three, a majority come from Puritan Massachusetts. However, this majority is limited to one case and two defendants: the 1644 case of Mary Latham and James Brittaine. Adultery was codified as a capital crime in the Bay Colony in the 1641 Body of Liberties which remained in effect until the loss of charter and merger with Massachusetts Bay Province at the end of the century. This work explores the reasons for the Bay Colony court’s resistance ...