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Legal History Commons

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Journal

2011

Discipline
Institution
Keyword
Publication

Articles 1 - 30 of 69

Full-Text Articles in Legal History

Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles Dec 2011

Restoring "Life, Liberty, And The Pursuit Of Happiness" In Our Constitutional Jurisprudence: An Exercise In Legal History, Patrick J. Charles

William & Mary Bill of Rights Journal

No abstract provided.


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

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

San Diego International Law Journal

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 right regimes, …


The Genius Of Roman Law From A Law And Economics Perspective, Juan Javier Del Granado Oct 2011

The Genius Of Roman Law From A Law And Economics Perspective, Juan Javier Del Granado

San Diego International Law Journal

The Article is organized as follows: The first part of this Article will introduce Roman private law, and sketch out the law and economics methodology to be applied to the Roman classical system. The second part of this Article will discuss the Roman private law of property, obligations, as well as commerce and finance. The third part will discuss the interaction of private law and private morality in the construction of Roman social order. The fourth part of this Article will discuss private procedural aspects of the Roman legal system. The fifth and final part of this Article will discuss …


Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden Oct 2011

Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden

The Journal of Appellate Practice and Process

No abstract provided.


Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich Oct 2011

Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich

The Journal of Appellate Practice and Process

No abstract provided.


The Impeachment Of The Judges Of The Nova Scotia Supreme Court, 1787-1793: Colonial Judges, Loyalist Lawyers, And The Colonial Assembly, Jim Phillips Oct 2011

The Impeachment Of The Judges Of The Nova Scotia Supreme Court, 1787-1793: Colonial Judges, Loyalist Lawyers, And The Colonial Assembly, Jim Phillips

Dalhousie Law Journal

In 1790 the Nova Scotia House of Assembly passed seven "articles of impeachment" against two ofthe colony's Supreme Courtjudges, the firstattempt bya British North American assembly to remove superior courtjudges. Although the impeachment failed when the British government rejected the charges, it is noteworthy nonetheless. The product of a dispute between newly arrived loyalist lawyers and a local elite of "old inhabitants, " it was at one and the same time a political struggle between the Assembly and the executive branch, and one that involved concerns about judicial competence. The impeachment crisis also demonstrates the close links between the judiciary …


No Longer "Naked And Shivering Outside Her Gates": Establishing Law As A Full-Time On-Campus Academic Discipline At Mcgill University Inthe Nineteenth Century, A J. Hobbins Oct 2011

No Longer "Naked And Shivering Outside Her Gates": Establishing Law As A Full-Time On-Campus Academic Discipline At Mcgill University Inthe Nineteenth Century, A J. Hobbins

Dalhousie Law Journal

Although Canada was a single province (1763-1791), subsequently divided into Upper and Lower Canada, legal education developed very differently in the two components. The Law Society of Upper Canada controlled legal education in Ontario until the second half of the twentieth century, while in Quebec, where the legal system was based on both civil and common law, university-based legal education began in the first half of the nineteenth century. This study examines how legal education developed at McGill University, moving from part-time teaching by professionals off-campus to an on-campus faculty taught by full-time academics by the end of the century …


"No Sinecure": William Young As Attorney General Of Nova Scotia, 1854-1857, William H. Laurence Oct 2011

"No Sinecure": William Young As Attorney General Of Nova Scotia, 1854-1857, William H. Laurence

Dalhousie Law Journal

Focusing on the tenure (1854-1857) of William Young, this article examines the legal work of nineteenth-century Nova Scotian attorneys general. Although he served without the benefit of an established justice department, Young fulfilled a wide range of duties and completed an impressive volume of work, which required knowledge of both public and private law, and which demanded advocacy advisory, solicitorial, and legislative drafting skills. This article argues that though Young's performance as a Crown prosecutor received the most public attention, his accomplishments outside the criminal courtroom, especially those relating to the administration ofjustice and legislative development, had the most significant …


Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs Oct 2011

Deconstructing 'Just And Proper': Arguments In Favor Of Adopting The 'Remedial Purpose' Approach To Section 10(J) Labor Injunctions, William K. Briggs

Michigan Law Review

Congress, through the 1947 addition of section 10(j) to the National Labor Relations Act, authorized district courts to grant preliminary injunctive relief for unfair labor practices if they deem such relief "just and proper." To this day a circuit split persists over the correct interpretation of this "just and proper" standard. Some circuits interpret "just and proper" to require application of the traditional equitable principles approach that normally governs preliminary injunctions. Other circuits interpret "just and proper" to require an analysis of whether injunctive relief is necessary to preserve the National Labor Relations Board's remedial power This Note examines the …


Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons Sep 2011

Earth Jurisprudence And Lockean Theory: Rethinking The American Perception Of Private Property, Traci Lynne Timmons

Environmental and Earth Law Journal (EELJ)

Earth Jurisprudence and Lockean Theory

Abstract by Traci Lynne Timmons

Thomas Berry, father of the Earth Jurisprudence movement, called for re-examining human-Earth relations. Earth Jurisprudence aspires to promote a greater respect for nature and all living things on Earth, aiming to intertwine Earth’s natural law with the body of law that governs humanity. This paper explores Earth Jurisprudence as an alternative to the property regime in the United States. It examines the fundamental principles of property ownership, frequently attributed to the philosophy of John Locke, but digs deeper into these “Lockean” roots to reveal important caveats to Locke’s general principles …


"The Honour Of The Crown Is At Stake": Aboriginal Land Claims Litigation And The Epistemology Of Sovereignty, Mariana Valverde Sep 2011

"The Honour Of The Crown Is At Stake": Aboriginal Land Claims Litigation And The Epistemology Of Sovereignty, Mariana Valverde

UC Irvine Law Review

No abstract provided.


The Origins Of African American Interests In International Law, Henry J. Richardson Iii Sep 2011

The Origins Of African American Interests In International Law, Henry J. Richardson Iii

Buffalo Human Rights Law Review

No abstract provided.


The Peace: The Meaning And Production Of Law In The Post-Revolutionary United States, Laura F. Edwards Sep 2011

The Peace: The Meaning And Production Of Law In The Post-Revolutionary United States, Laura F. Edwards

UC Irvine Law Review

No abstract provided.


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

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

UC Irvine Law Review

No abstract provided.


Law As Economy: Convention, Corporation, Currency, Ritu Birla Sep 2011

Law As Economy: Convention, Corporation, Currency, Ritu Birla

UC Irvine Law Review

No abstract provided.


Money In The 1890s: The Circulation Of Politics, Economics, And Law, Roy Kreitner Sep 2011

Money In The 1890s: The Circulation Of Politics, Economics, And Law, Roy Kreitner

UC Irvine Law Review

No abstract provided.


Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt Sep 2011

Conceptions Of Law In The Civil Rights Movement, Christopher W. Schmidt

UC Irvine Law Review

No abstract provided.


Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich Sep 2011

Specters Of Law: Why The History Of The Legal Spectacle Has Not Been Written, Peter Goodrich

UC Irvine Law Review

No abstract provided.


From Justice To Justification: An Alternative Genealogy Of Positive Law, Roger Berkowitz Sep 2011

From Justice To Justification: An Alternative Genealogy Of Positive Law, Roger Berkowitz

UC Irvine Law Review

No abstract provided.


Law/Text/Past, Steven Wilf Sep 2011

Law/Text/Past, Steven Wilf

UC Irvine Law Review

No abstract provided.


Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon Sep 2011

Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon

UC Irvine Law Review

No abstract provided.


Owning Hazard, A Tragedy, Barbara Young Welke Sep 2011

Owning Hazard, A Tragedy, Barbara Young Welke

UC Irvine Law Review

No abstract provided.


Law As Claim To Justice: Legal History And Legal Speech Acts, Marianne Constable Sep 2011

Law As Claim To Justice: Legal History And Legal Speech Acts, Marianne Constable

UC Irvine Law Review

No abstract provided.


The Historical Consciousness Of The Resistant Subject, Norman W. Spaulding Sep 2011

The Historical Consciousness Of The Resistant Subject, Norman W. Spaulding

UC Irvine Law Review

No abstract provided.


Enchanting A Disenchanted Law: On Jewish Ritual And Secular History In Nineteenth-Century Germany, Shai J. Lavi Sep 2011

Enchanting A Disenchanted Law: On Jewish Ritual And Secular History In Nineteenth-Century Germany, Shai J. Lavi

UC Irvine Law Review

No abstract provided.


Chasing Ghosts: On Writing Cultural Histories Of Tax Law, Assaf Likhovski Sep 2011

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

UC Irvine Law Review

No abstract provided.


The Dismal History Of The Laws Of War, John Fabian Witt Sep 2011

The Dismal History Of The Laws Of War, John Fabian Witt

UC Irvine Law Review

No abstract provided.


Building An American Empire: Territorial Expansion In The Antebellum Era, Paul Frymer Sep 2011

Building An American Empire: Territorial Expansion In The Antebellum Era, Paul Frymer

UC Irvine Law Review

No abstract provided.


"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff Sep 2011

"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff

UC Irvine Law Review

No abstract provided.


Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson Sep 2011

Secularity And Secularism In The United Kingdom: On The Way To The First Amendment, Iain Mclean, Scot M. Peterson

BYU Law Review

No abstract provided.