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Articles by Maurer Faculty

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Full-Text Articles in Legal History

Maurer School Of Law Marks 175 Years Of History, Austen L. Parrish Jan 2017

Maurer School Of Law Marks 175 Years Of History, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.


Charles A. Beard & The Columbia School Of Political Economy: Revisiting The Intellectual Roots Of The Beardian Thesis, Ajay K. Mehrotra Jan 2014

Charles A. Beard & The Columbia School Of Political Economy: Revisiting The Intellectual Roots Of The Beardian Thesis, Ajay K. Mehrotra

Articles by Maurer Faculty

A century after it was first published, Charles A. Beard’s An Economic Interpretation of the Constitution remains a significant and controversial part of constitutional scholarship and history. Just as Beard sought to historicize the Founders as they drafted and adopted the Constitution, this article attempts to historicize Beard as he researched and wrote his classic text on the Constitution. Because Beard was both a graduate student and professor at Columbia University before and while he researched and wrote his book, this article explores the particular influence that Columbia University’s institutional and intellectual climate may have had on Beard ...


On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler Jan 2011

On The Incompatibility Of Political Virtue And Judicial Review: A Neo-Aristotelean Perspective, Ralph F. Gaebler

Articles by Maurer Faculty

Part I of this essay outlines a neo-Aristotelean theory of political virtue, an instance of virtue generally, that serves as the basis of excellent citizenship in the polis. As such, political virtue contributes its share to the achievement of eudaimonia, or the fulfillment of an individual’s natural, human function. In fact, political virtue is especially important because people are political beings, i.e. they seek the good most comprehensively in the context of association with others. Therefore, Aristotle describes politics as the master science of the supreme good, because politics orders the community of the polis and thereby establishes ...


Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra Jan 2011

Book Review. Louis D. Brandeis And The Making Of Regulated Competition, 1900-1932 By Gerald Berk, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra Jan 2010

Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra

Articles by Maurer Faculty

The First World War was a pivotal event for American political and economic development, particularly in the realm of public finance. For it was during the war years that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. Like other aspects of war mobilization, this fiscal revolution required an enormous infusion of national administrative resources. Nowhere was this more evident than within the corridors of the U.S ...


The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra Jan 2010

The Price Of Conflict: War, Taxes, And The Politics Of Fiscal Citizenship, Ajay K. Mehrotra

Articles by Maurer Faculty

Since 2003 American political leaders and lawmakers have been committed to the simultaneous pursuit of tax cuts and military excursions abroad. Just a few decades ago, when military hawks were also deficit hawks, such a position would have seemed incongruous. This essay reviews, War and Taxes, a provocative and fascinating new book that seeks to explain the apparent dissonance of recent American wartime tax policy. In contrast to conventional wisdom which presumes that wartime patriotism has always and everywhere trumped self-interest, War and Taxes shows that the history of U.S. wartime taxation is not quite such a heroic tale ...


Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra Jan 2010

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra Jan 2009

"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra

Articles by Maurer Faculty

A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform ...


The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen Jan 2007

The Progressive Political Power Of Balkin's "Original Meaning", Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.


Book Review. All Politics Is Global: Explaining International Regulatory Regimes By Daniel W. Drezner, David Fidler Jan 2007

Book Review. All Politics Is Global: Explaining International Regulatory Regimes By Daniel W. Drezner, David Fidler

Articles by Maurer Faculty

No abstract provided.


Roscoe Pound And The Future Of The Good Government Movement, Charles G. Geyh Jan 2007

Roscoe Pound And The Future Of The Good Government Movement, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan Jan 2007

Analyzing The Friedman Thesis Through A Legal Lens: Book Review Essay Assessing Thomas L. Friedman's The World Is Flat, Jayanth K. Krishnan

Articles by Maurer Faculty

In his best-selling book, The World Is Flat, Thomas Friedman assesses how globalization has affected the political, economic, and social landscapes of both the developed and developing world. For Friedman, globalization is emboldening people in countries, like in India, to make societal and governmental demands that are similar to those made by Americans in the United States.

This Essay seeks to add a new layer to the debate over Friedman’s flattening-world thesis. Focusing on India, in particular, I shall argue that as the trajectory of India’s economic development appears on the rise, the sad reality is that too ...


From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan Jan 2005

From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan

Articles by Maurer Faculty

In this article, I argue that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider - in addition to Japan and Germany, two countries that are often touted as exemplars - the case of India. India gained its independence from the British in 1947, and soon thereafter many American experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of a national ...


Professor Kingsfield Goes To Delhi: American Academics, The Ford Foundation, And The Development Of Legal Education In India, Jayanth K. Krishnan Jan 2004

Professor Kingsfield Goes To Delhi: American Academics, The Ford Foundation, And The Development Of Legal Education In India, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.


Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve Jan 2002

Fact, Value And Action In Nonconceptual Jurisprudence, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole Jan 2001

"An Unqualified Human Good": E.P. Thompson And The Rule Of Law, Daniel H. Cole

Articles by Maurer Faculty

The late EP Thompson described himself as "a historian in the Marxist tradition." But when he embraced the Rule of Law (in Whigs and Hunters), many of his colleagues on the left ostracized him as an apostate. This essay argues that Thompson's critics have largely misunderstood what he meant by the Rule of Law. His was a minimal and historical conception, which merely sought to distinguish states whose rulers had unfettered discretion from states whose rulers were constrained by legal rules, whatever their source and contents. Also, in contrast to other radical theorists, Thompson recognized that law would be ...


Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake Jan 2001

Can Evolutionary Science Contribute To Discussions Of Law?, Jeffrey E. Stake

Articles by Maurer Faculty

Evolutionary Theory can be helpful in understanding the law and determining what it should be. There are two ways in which the evolutionary perspective differs from an economic perspective on law. Not only does the evolutionary approach shift our attention from the world today to the environment of evolutionary adaptation, it shifts our focus from rational individuals to rational genes and from rational behaviors to rational design of mental architecture. Finally, the law of law's leverage makes predictions about the relative elasticities of demand for all sorts of behaviors, including those that did and did not exist in the ...


Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake Jan 2001

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey E. Stake

Articles by Maurer Faculty

No abstract provided.


The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole Jan 2000

The Importance Of Being Comparative: M. Dale Palmer Professorship Inaugural Lecture, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.


Book Review. Roman Law After The Fall Of Rome, David V. Snyder Jan 1999

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.


Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve Jan 1998

Rhetoric, Pragmatism And The Interdisciplinary Turn In Legal Criticism -- A Study Of Altruistic Judicial Argument, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


How To Tell Law Stories, Michael Grossberg Jan 1998

How To Tell Law Stories, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Book Review. Utopianism, Epistemology, And Feminist Theory, Susan H. Williams Jan 1993

Book Review. Utopianism, Epistemology, And Feminist Theory, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Feminist Legal Epistemology, Susan H. Williams Jan 1993

Feminist Legal Epistemology, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.


Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg Jan 1992

Book Review. The Magic Mirror: Law In American History By Kermit L. Hall, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Some Problems With "Origins", Stephen A. Conrad Jan 1992

Some Problems With "Origins", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg Jan 1991

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Book Review. Inventing The Industrial Revolution: The English Patent System, 1660-1800, Marshall A. Leaffer Jan 1990

Book Review. Inventing The Industrial Revolution: The English Patent System, 1660-1800, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


Book Review. Conceptual Change And The Constitution, Stephen A. Conrad Jan 1990

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams Jan 1990

Feminism's Search For The Feminine: Essentialism, Utopianism, And Community, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.