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Legal History Commons

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Articles 1 - 7 of 7

Full-Text Articles in Legal History

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala Mar 2004

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson Jan 2004

The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson

Robert G. Natelson

This is the first of several writings by the author on the original meaning of the Constitution's Necessary and Proper Clause. It explains part of the legal background of the Clause, identifies it as a recital (not an independent grant of power) of the 18th century doctrine of incidental powers, and explains the content of that doctrine. The article has since been updated and supplemented by the author's signed chapters in Lawson, Miller, Natelson & Seidman, The Origins of the Necessary and Proper Clause (Cambridge Univ. Press, 2010).


The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson Jan 2004

The General Welfare Clause And The Public Trust: An Essay In Original Understanding, Robert G. Natelson

Robert G. Natelson

This article explains the original meaning/understanding of the Constitution's General Welfare Clause, including the scope of the taxing and spending power granted to Congress


The Constitution And The Public Trust, Robert G. Natelson Jan 2004

The Constitution And The Public Trust, Robert G. Natelson

Robert G. Natelson

The American Founders believed that public officials were bound by fiduciary obligations, and they wrote that view into the Constitution. This article copiously documents their position.


Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman Jan 2004

Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman

Joel Fishman

This article celebrates forty years of publication of the Duquesne Law Review.


Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman Jan 2004

Justice Michael A. Musmanno And Constitutional Dissents, 1967-68, Joel Fishman

Joel Fishman

Associate Justice Michael A. Musmanno of the Pennsylvania Supreme Court contributed several important dissenting opinions to constitutional questions at the end of his career which are reviewed in this article.


Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala Jan 2004

Curriculum Development At A New Law School: Dismantling The Walls Of Separation, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.