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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
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
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
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
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
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
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
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
"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
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
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
"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
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
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
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
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
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
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
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
From Justice To Justification: An Alternative Genealogy Of Positive Law, Roger Berkowitz
UC Irvine Law Review
No abstract provided.
Law/Text/Past, Steven Wilf
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
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
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
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
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
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
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
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
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
"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
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.