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Articles 1 - 30 of 124

Full-Text Articles in Legal History

The Greatest Mall There Never Was: Assessing The Failed Attempt To Build The New Haven Galleria, Jeremy Kutner May 2012

The Greatest Mall There Never Was: Assessing The Failed Attempt To Build The New Haven Galleria, Jeremy Kutner

Student Legal History Papers

In late 1995, a dream that had fixated New Haven’s leadership since the 1960’s was coming to an end. Long buffeted by a population and wealth exodus to the suburbs, leaders had looked to a glittery downtown shopping mall to draw people, and their money, back to the city. Downtown was remade to accommodate retail heavy hitters: Macy’s, Malley’s, and the Chapel Square Mall. But it wasn’t working. Macy’s was gone. Chapel Square was hemorrhaging tenants. And so, after decades of public effort to make large-scale retail work downtown, the city’s mayor was ...


The City's Role In Renewal: A Comparative Study Of Redevelopment In Two New Haven Districts, Rachael Doud Jan 2012

The City's Role In Renewal: A Comparative Study Of Redevelopment In Two New Haven Districts, Rachael Doud

Student Legal History Papers

Looking forward to New Haven’s future, we are faced with the question of what role the city should take in redevelopment. John Elwood looked for insight into that question in his 1994 article Rethinking Government Participation in Urban Renewal: Neighborhood Revitalization in New Haven. He examined two redevelopment projects: the Ninth Square and Upper State Street. While the former was achieved in a Lee-esque manner, with significant government funding and involvement, the latter was initiated and carried out largely by small property owners, although the government did provide incentives and assistance.

Elwood characterizes the Ninth Square project as “coarse-grained ...


The Origins Of The Oral Deposition In The Federal Rules: Who’S In Charge?, Ezra Siller Jan 2012

The Origins Of The Oral Deposition In The Federal Rules: Who’S In Charge?, Ezra Siller

Student Legal History Papers

This paper traces the origins of the oral deposition in the Federal Rules of Civil Procedure (“Federal Rules”) with an emphasis on the role of the officer in charge of the deposition. In Parts II and III, I document the origins of the deposition, drawing on published sources. In Parts IV and V, I draw upon unpublished sources regarding the 1930s Advisory Committee’s decision not to provide for a judicial officer who would have the authority to rule on the admissibility of evidence during the deposition. That decision was an important, yet overlooked, element in the shaping of modern ...


No Adequate Remedy At Law: Equity In Massachusetts 1692-1877, Phyllis Maloney Johnson Jan 2012

No Adequate Remedy At Law: Equity In Massachusetts 1692-1877, Phyllis Maloney Johnson

Student Legal History Papers

Although Massachusetts became the leading jurisdiction for trust law in the United States across the nineteenth century, it never established a separate court resembling the High Court of Chancery in England. This Article asks how the judicial system of Massachusetts functioned without a separate court of chancery. The Article explains that Massachusetts managed by gradually integrating the distinctive elements of English equity into its common law courts. Beginning in the 1690s, the legislature passed laws authorizing components of equity for use in the common law courts. By 1836 the commonwealth's Supreme Judicial Court could oversee discovery, entertain cases with ...


Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile May 2011

Community Policing In New Haven: Social Norms, Police Culture, And The Alleged Crisis Of Criminal Procedure, Caroline Van Zile

Student Legal History Papers

Nick Pastore will forever be known as one of New Haven’s most colorful historical figures. The Chief of Police in New Haven from 1990 to 1997, Pastore was well-known for his outrageous comments and unusual antics. New Haven’s chief proponent of community policing, Pastore referred to himself in interviews as “’an outstanding patrol officer,’ a ‘super crime-fighting cop,’ ‘a good cop with the Mafia,’ [and] ‘Sherlock Holmes.’” Pastore, unlike his immediate predecessor, highly valued working with the community and advocated for a focus on reducing crime rather than increasing arrests. Pastore once informed that New York Times that ...


Meaningful Community Participation In Land Use Decision Making Through Ad Hoc Procedures In New Haven, Connecticut, Laura Huizar May 2011

Meaningful Community Participation In Land Use Decision Making Through Ad Hoc Procedures In New Haven, Connecticut, Laura Huizar

Student Legal History Papers

The last few decades have seen efforts to develop community-based planning models and other mechanisms for increased community participation in the land use approval process. Community Benefits Agreements (CBAs), in particular, have risen in popularity across the nation as a tool for ensuring meaningful participation in development. Such agreements generally arise from direct negotiation between community groups and developers where community groups push to secure community benefits in exchange for support. At the same time, however, takings law doctrine may be shifting in a way that could dissuade cities from actively incorporating community groups into planning or negotiating with developers ...


Diffuse Aspirations: Mixed-Income Housing In The Context Of For-Profit Urban Revitalization, Christopher Miller May 2011

Diffuse Aspirations: Mixed-Income Housing In The Context Of For-Profit Urban Revitalization, Christopher Miller

Student Legal History Papers

This paper evaluates the success of mixed-income housing in the context of a for-profit development in New Haven, Connecticut. It takes as its sample the development and the tenants of The Residences at Ninth Square, a mixed-use, mixed-income apartment complex located in the center of the historic city. The early parts of the paper (Parts II-III) tell the story of the neighborhood and contextualize the study in the geography and the history of New Haven, Connecticut. Part IV describes the development in detail. Part V looks to the expectations and commitments undertaken by the developers of The Residences. Part VI ...


Property Rights In Land, Agricultural Capitalism, And The Relative Decline Of Pre-Industrial China, Taisu Zhang Feb 2011

Property Rights In Land, Agricultural Capitalism, And The Relative Decline Of Pre-Industrial China, Taisu Zhang

Student Scholarship Papers

Scholars have long debated how legal institutions influenced the economic development of societies and civilizations. This Article sheds new light on this debate by reexamining, from a legal perspective, a crucial segment of the Eighteenth and Nineteenth Century economic divergence between England and China: By 1700, English agriculture had become predominantly capitalist, reliant on “managerial” farms worked chiefly by hired labor. On the other hand, Chinese agriculture counterproductively remained household-based throughout the Qing and Republican eras.

The explanation for this key agricultural divergence, which created multiple advantages for English proto-industry, lies in differences between Chinese and English property rights regimes ...


Financing Innovation: Infrastructure Development In New Haven, 1750-1850, Thomas P. Schmidt Dec 2010

Financing Innovation: Infrastructure Development In New Haven, 1750-1850, Thomas P. Schmidt

Student Legal History Papers

The nineteenth century was a time of astonishing change in technologies of transportation. When the Constitution was ratified, to travel from New Haven to Hartford would require an arduous and uncertain trip on a rough road that could span more than a day. At the start of the twentieth century, railroads conveyed thousands of people daily along that route in a few hours, and the first automobiles were motoring over roads. The great progress in infrastructure development radically transformed the commercial, physical, and cultural landscape of America.

This transformation required great mobilizations of capital and human labor, which, in turn ...


Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert Aug 2010

Standing In Barack Obama's Shoes: Evaluating The President's Jurisprudence Of Empathy In Light Of James Wilson's Jurisprudence Of “Common Sense”, John Rollert

Student Scholarship Papers

This article explains what President Barack Obama meant when he called empathy an “essential ingredient” in judicial decision making and, thus, the outstanding quality he would look for in his Supreme Court nominees. It also provides a comparative study between Obama’s jurisprudence of empathy and Justice James Wilson’s jurisprudence of common sense in order to illustrate the dangers of deciding difficult Supreme Court cases with recourse to unconventional, extra-legal tools.


The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen Sep 2009

The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen

Student Scholarship Papers

This article addresses the Holocaust-restitution litigation of the late 1990s, which resulted in spectacular settlements totaling over $9 billion and culminated with an Executive Agreement between Germany and the United States in 2000. Prominent law scholars such as NYU Professor Burt Neuborne and Michael Bazyler, author of Holocaust Justice: The Battle for Restitution in America's Courts (2003) and Holocaust Restitution: Perspectives on the Litigation and its Legacy (2006), have celebrated these lawsuits as a model for international human rights. Neuborne has extolled the litigation as the dawn of an era of “lex Americana,” in which multinational corporations (MNCs) have ...


The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum May 2009

The Constitutional Canon As Argumentative Metonymy, Ian C. Bartrum

Faculty Scholarship Series

This article builds on Philip Bobbitt's Wittgensteinian insights into constitutional argument and law. I examine the way that we interact with canonical texts as we construct arguments in the forms that Bobbitt has described. I contend that these texts serve as metonyms for larger sets of associated principles and values, and that their invocation usually is not meant to point to the literal meaning of the text itself. This conception helps explain how a canonical text's meaning in constitutional argument can evolve over time, and hopefully offers the creative practitioner some insight into the kinds of arguments that ...


The Xinfang Phenomenon: Why The Chinese Prefer Administrative Petitioning Over Litigation, Taisu Zhang Aug 2008

The Xinfang Phenomenon: Why The Chinese Prefer Administrative Petitioning Over Litigation, Taisu Zhang

Student Scholarship Papers

In recent years, the Chinese public, when facing disputes with government officials, hav preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to ...


Liquor Laws And Constitutional Conventions: A Legal History Of The Twenty-First Amendment, Ethan P. Davis Apr 2008

Liquor Laws And Constitutional Conventions: A Legal History Of The Twenty-First Amendment, Ethan P. Davis

Student Scholarship Papers

In 1933 America decisively ended its ill-fated experiment in national prohibition by enacting the Twenty-first Amendment. This article tells the tale of America’s return to liquor from a legal perspective. It recounts the ebb and flow of the prohibitionist movements in the nineteenth century, the congressional debates over the Twenty-first Amendment, the state laws, popular votes, and constitutional conventions that followed, and the state liquor regulatory systems adopted afterwards. A legal approach to prohibition illuminates intriguing, largely overlooked topics, including the constitutional questions activated by Congress’s unprecedented decision to submit the amendment to state conventions rather than legislatures ...


From Litigation, Legislation, Cristina M. Rodríguez Jan 2008

From Litigation, Legislation, Cristina M. Rodríguez

Faculty Scholarship Series

Brian Landsberg puts lawyers at the center of history. In Free at Last To
Vote: The Alabama Origins of the 1965 Voting Rights Act,1 Landsberg tells the story of the Department of Justice (DOJ) attorneys who spent the early 1960s bringing case after case against recalcitrant local officials in Alabama to enforce the voting rights provisions of the civil rights statutes that preceded the landmark Voting Rights Act of 1965 (VRA). In the popular imagination and in broadly framed historical accounts, the VRA represents the culmination
of grassroots civil rights struggle and hardball national politics. But Landsberg reminds us ...


Mixed Contracts And The U.C.C.: A Proposal For A Uniform Penalty Default To Protect Consumers, Jesse M. Brush Jul 2007

Mixed Contracts And The U.C.C.: A Proposal For A Uniform Penalty Default To Protect Consumers, Jesse M. Brush

Student Scholarship Papers

Although Article 2 of the Uniform Commercial Code provides a standard set of rules for goods transactions, it is silent on the treatment of mixed goods and services contracts. Without guidance from the Code, courts have taken a number of different approaches to such contracts. These varied tests encourage opportunistic behavior: sellers withhold information about implied warranties during negotiations, and can later claim they do not apply. Uninformed buyers must either forfeit their warranty protection or resort to an expensive court determination of the Code’s applicability. This Article proposes a “penalty default” of applying the Code in consumer contracts ...


Tribe, Kenji Yoshino Jan 2007

Tribe, Kenji Yoshino

Faculty Scholarship Series

I met Larry Tribe in 1997 at a dinner party in Cambridge, Massachusetts. To
introduce me to her colleagues, Harvard Professor Martha Minow asked me which of the University's scholars I would like to invite to my ideal dinner. As a newly minted professor, it took me a moment to realize this was not an interview question, but her characteristically generous attempt to construct a guest list. I asked for Larry Tribe and Helen Vendler. I had been lucky enough to take a seminar on modem poetry with Vendler as an undergraduate at Harvard. But neither Vendler nor I ...


Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Programs, Jamie S. Dycus Aug 2006

Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Programs, Jamie S. Dycus

Student Scholarship Papers

This article analyzes the Florida Supreme Court’s recent decision in Bush v. Holmes, in which the court struck down Florida’s school voucher program as a violation of Florida's constitutional uniformity clause. It argues that the court erred by applying a simplistic and ahistorical definition of uniformity, and recommends that future courts applying state constitutional uniformity clauses to school voucher schemes take a different approach.

Specifically, it argues that courts in future cases should begin by acknowledging frankly the necessity of determining the meaning of uniformity. Next, drawing on case law and historical evidence, they should fashion definitions ...


Manson V. Brathwaite Revisited:Towards A New Rule Of Decision For Due Process Challenges, Giovanna Shay, Timothy O'Toole Mar 2006

Manson V. Brathwaite Revisited:Towards A New Rule Of Decision For Due Process Challenges, Giovanna Shay, Timothy O'Toole

Faculty Scholarship Series

A major cause of wrongful convictions is mistaken eyewitness identification. The leading Supreme Court case governing due process challenges to identification procedures, Manson v. Brathwaite, is almost 30 years old, and does not account for decades of social science research on eyewitness I.D. In fact, parts of the Manson test designed to ensure reliability run counter to research findings. In this piece, O'Toole and Shay describe the problems with the Manson test, and propose a new rule of decision for due process challenges to identification procedures.


“For The Murder Of His Own Female Slave, A Woman Named Mira...” : Law, Slavery And Incoherence In Antebellum North Carolina, Anthony V. Baker Mar 2006

“For The Murder Of His Own Female Slave, A Woman Named Mira...” : Law, Slavery And Incoherence In Antebellum North Carolina, Anthony V. Baker

Student Scholarship Papers

“for the murder of his own female slave, a woman named Mira...” : Law, Slavery and Incoherence in Antebellum North Carolina

__________________________________________________________

“The death of culture begins when its normative institutions fail to communicate ideals in ways that remain inwardly compelling...”

Phillip Rieff

In the spring of 1839 a ‘slave owner,’ ­ Mr. John Hoover ­ was arrested for the brutal murder of his own ‘property,’ a young woman named Mira. Convicted of the capital charge by a jury of his peers ­ 12 fellow ‘slave owners,’ as the relevant law then required ­ his appeal to the North Carolina Supreme Court was rejected in ...


From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs Mar 2005

From St. Ives To Cyberspace: The Modern Distortion Of The Medieval 'Law Merchant', Stephen E. Sachs

Student Scholarship Papers

Modern advocates of corporate self-regulation have drawn unlikely inspiration from the Middle Ages. On the traditional view of history, medieval merchants who wandered from fair to fair were not governed by domestic laws, but by their own lex mercatoria, or "law merchant." This law, which uniformly regulated commerce across Europe, was supposedly produced by an autonomous merchant class, interpreted in private courts, and enforced through private sanctions rather than state coercion. Contemporary writers have treated global corporations as descendants of these itinerant traders, urging them to replace conflicting national laws with a law of their own creation. The standard history ...


The Origins Of "Reasonable Doubt", James Q. Whitman Mar 2005

The Origins Of "Reasonable Doubt", James Q. Whitman

Faculty Scholarship Series

The "reasonable doubt" rule is notoriously difficult to define, and many judges and scholars have deplored the confusion it creates in the minds of jurors. Yet "reasonable doubt" is regarded as a fundamental part of our law. How can a rule of such fundamental importance be so difficult to define and understand?

The answer, this paper tries to show, lies in history. The "reasonable doubt" rule was not originally designed to serve the purpose it is asked to serve today: It was not originally designed to protect the accused. Instead, it was designed to protect the souls of the jurors ...


The Limits Of History, James Q. Whitman Jan 2005

The Limits Of History, James Q. Whitman

Faculty Scholarship Series

Constantin Fasolt's odd hodgepodge of a book is largely about the philosophy of history, as its title suggests. It would be hard to recommend it as a work of philosophy, though: While Fasolt's reflections on "the limits of history" certainly have their moments of elegance and insight, the philosophy here is mostly careless and cursory stuff, with far too heavy a dose of post-modem pyrrhonism for this reviewer. But it would be too bad if readers allowed the book's portentous title, and the anguished philosophical gyrations of its first chapter, to prevent them from reading on. Fasolt ...


The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso Jan 2003

The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

The aim of this essay is to examine the relationship between violence and the law in domestic life, and in particular violence exercised on children. The starting-point is an institution of republican family law in the 19th century, which goes back to colonial times, and which I have chosen to call “penal domestic power” over children, which represents a form of legalized domestic violence. It consists of the faculty of the father to punish his son physically, and when that was not enough, to imprison him, for which he could count on help from the public authority.


La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso Jan 2003

La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

Este ensayo tiene por objeto examinar las relaciones entre violencia y Derecho en la vida doméstica, en particular la violencia ejercida sobre los niños. El punto de partida es una institución del Derecho de familia republicano del siglo XIX, que se remonta a la Colonia, que he querido llamar “poder penal doméstico” sobre los niños y que representa una forma de violencia doméstica legalizada. Consiste en la facultad del padre de castigar físicamente a su hijo y, cuando ello no fuere suficiente, de encarcelarlo, para lo cual contaba con el auxilio de la autoridad pública.


Multiple Ironies: Brown At 50, Ronald S. Sullivan Jr. Jan 2003

Multiple Ironies: Brown At 50, Ronald S. Sullivan Jr.

Faculty Scholarship Series

Brown v. Board of Education occupies a vaunted space in American
jurisprudence. One commentator writes that Brown is the most
celebrated case in the Court's history. Equally laudatory, another
commentator remarks: "In the half century since the Supreme Court's
decision, Brown has become a beloved legal and political icon." A
third proclaims that, "Brown forever changed the role of the United States Supreme Court in American politics and society." To the lay
public, Brown sits among a small pantheon of cases that is widely recognizable
to the average American.' Miranda and Roe v. Wade
likely are the only ...


When Was The Yale Law School Really Founded?, Michael T. Sansbury May 2001

When Was The Yale Law School Really Founded?, Michael T. Sansbury

Student Legal History Papers

In 1874, during the celebration of the Yale Law School's "Semicentennial Anniversary," Theodore Woolsey, a former Yale President and Professor at the Law School, claimed that the Law School had been founded in 1824 when a group of students were listed as "Law Students" in the Yale Catalogue. These students studied in a small proprietary law school started by Seth P. Staples and operated, in 1824, by Samuel J. Hitchcock and David Daggett. Their listing in the catalogue seems to indicate a connection between the Staples-Hitchcock-Daggett school and Yale College. Since 1874, Yale historians and the Yale Law School ...


The Relationship Between Yale's Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew Feb 2000

The Relationship Between Yale's Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Student Legal History Papers

This paper describes the Yale Law School in the late 1800s. For most of the period, the school's faculty struggled to gain the attention of an unresponsive university administration. At the same time, the faculty pushed for interdisciplinary study that would tie the Law School to the university's other academic departments.


A Study Of The Housing Patterns Of Yale Law School Students, Masato Hayakawa Oct 1999

A Study Of The Housing Patterns Of Yale Law School Students, Masato Hayakawa

Student Legal History Papers

In 1948, only about one-tenth of the law students lived in what we now term the law student ghetto. By 1997, more law students lived in this neighborhood than in any other - students in this neighborhood outnumbered students living in other off-campus neighborhoods by a margin of two-to-one, and they made up a simple majority of the enrollment.

This paper examines the formation of this concentration. The evidence shows that the law student ghetto did no always exist in its current form, but rather that it is a product of housing developments of the last thirty years. This paper traces ...


The Student View Of Yale Law School 1883-1912: The Shingle, Maureen J. Arrigo Mar 1997

The Student View Of Yale Law School 1883-1912: The Shingle, Maureen J. Arrigo

Student Legal History Papers

During one twenty-year period, the graduating students of Yale Law School published books in which their views of the school (and to a small extent the faculty's views as well) were captured. This series of books - The Yale Shingle - was published from 1893 to 1912.

My goal in writing this paper is profile student life at Yale as reports in the Shingle. Its life spanned an important time in the school's history - a time of significant change.