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Articles 1 - 28 of 28

Full-Text Articles in Legal History

Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker Jan 2018

Everything Is Contingent: A Comment On Bob Gordon's Taming The Past, Kunal M. Parker

Articles

No abstract provided.


Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker Jan 2016

Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker

Articles

Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive ...


Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker Jan 2015

Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker

Articles

No abstract provided.


Representing Interdisciplinarity, Kunal Parker Jan 2015

Representing Interdisciplinarity, Kunal Parker

Articles

No abstract provided.


Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker Jan 2014

Repetition In History: Anglo-American Legal Debates And The Writings Of Walter Bagehot, Kunal Parker

Articles

No abstract provided.


"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer Jan 2013

"Public ... Since Time Immemorial": The Labor History Of Hague V. Cio, Kenneth M. Casebeer

Articles

No abstract provided.


More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless Jan 2012

More Than One Lane Wide: Against Hierarchies Of Helping In Progressive Legal Advocacy, Rebecca Sharpless

Articles

Progressive legal scholars and practitioners have created a hierarchy within social justice lawyering. Direct service attorneys-nonprofit attorneys who focus on helping individuals in civil cases-sit at the bottom. In the 1960s, progressive theorists advanced a negative portrayal of direct service attorneys as a class. This discourse has continued through different phases in the development of progressive legal theory. Direct service work is done primarily by women in the service of women, has the aesthetic of traditional women's work, and can be understood as embodying the thesis that women have a greater existential and psychological connection to others than men ...


Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker Jan 2011

Law "In" And "As" History: The Common Law In The American Polity, 1790-1900, Kunal Parker

Articles

No abstract provided.


Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack Jan 2011

Cracks In The Wall, A Bulge Under The Carpet: The Singular Story Of Religion, Evolution, And The U.S. Constitution, Susan Haack

Articles

No abstract provided.


Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack Jan 2010

Federal Philosophy Of Science: A Deconstruction- And A Reconstruction, Susan Haack

Articles

No abstract provided.


What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney Jan 2009

What's Left Of Solidarity? Reflections On Law, Race, And Labor History, Martha R. Mahoney

Articles

No abstract provided.


A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo Oct 2008

A New Deal For The American Mortgage: The Home Owners' Loan Corporation, The National Housing Act And The Birth Of The National Mortgage Market, Peter M. Carrozzo

University of Miami Business Law Review

No abstract provided.


On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack Jan 2005

On Legal Pragmatism: Where Does "The Path Of The Law" Lead Us?, Susan Haack

Articles

No abstract provided.


Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes Jan 2004

Anomalies, Warts And All: Four Score Of Liberty, Privacy And Equality, Francisco Valdes

Articles

Lawrence was decided exactly eighty years after the first liberty-privacy case, and in the midst of a fierce kulturkampf striving to roll back civil rights generally. In this Article, Professor Valdes situates Lawrence in the context formed both by these four score of liberty-privacy jurisprudence that precede it as well as by the politics of backlash that envelop it today. After canvassing the landmark rulings from Meyer in 1923 to Lawrence in 2003, in the process acknowledging both their emancipatory strengths and their traditionalist instrumentalism, Professor Valdes concludes that Lawrence is a long overdue recognition of the prior precedents and ...


The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker Jan 2002

The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker

Articles

No abstract provided.


Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker Jan 2001

Making Blacks Foreigners: The Legal Construction Of Former Slaves In Post-Revolutionary Massachusetts, Kunal Parker

Articles

No abstract provided.


Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge Jan 2001

Carrington, Cooley, Kennedy, Klare, Patrick O. Gudridge

Articles

No abstract provided.


From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker Jan 2000

From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker

Articles

No abstract provided.


Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker Jan 1997

Official Imaginations: Globalization, Difference, And State-Sponsored Immigration Discourses, Kunal M. Parker

Articles

No abstract provided.


Black And White (Book Review), Anthony V. Alfieri Jan 1997

Black And White (Book Review), Anthony V. Alfieri

Articles

No abstract provided.


Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker Jan 1994

Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker

Articles

No abstract provided.


The Hohfeldian Approach To Law And Semiotics, J. M. Balkin May 1990

The Hohfeldian Approach To Law And Semiotics, J. M. Balkin

University of Miami Law Review

No abstract provided.


The Supreme Court: "The First Hundred Years Were The Hardest", William H. Rehnquist Jan 1988

The Supreme Court: "The First Hundred Years Were The Hardest", William H. Rehnquist

University of Miami Law Review

No abstract provided.


Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman May 1987

Conceptions Of The Common Law: Reflections On A Theory Of Contract, Vincent A. Wellman

University of Miami Law Review

No abstract provided.


Some Realism About Critical Legal Studies, Richard Michael Fischl Jan 1987

Some Realism About Critical Legal Studies, Richard Michael Fischl

University of Miami Law Review

No abstract provided.


Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer Jan 1985

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Articles

No abstract provided.


From Holt And Mansfield To Story To Llewellyn And Mentschikoff: The Progressive Development Of Commercial Law, Charles A. Bane Sep 1983

From Holt And Mansfield To Story To Llewellyn And Mentschikoff: The Progressive Development Of Commercial Law, Charles A. Bane

University of Miami Law Review

No abstract provided.


Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer Jan 1977

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

Articles

No abstract provided.