Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (5)
- Arts and Humanities (3)
- Comparative and Foreign Law (3)
- Human Rights Law (3)
- Legal Education (3)
-
- Ancient History, Greek and Roman through Late Antiquity (2)
- Classics (2)
- Family Law (2)
- Jurisprudence (2)
- Law and Society (2)
- Legal Biography (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Writing and Research (2)
- Legislation (2)
- State and Local Government Law (2)
- Banking and Finance Law (1)
- Bankruptcy Law (1)
- Commercial Law (1)
- Communications Law (1)
- Conflict of Laws (1)
- Contracts (1)
- Dispute Resolution and Arbitration (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- First Amendment (1)
- International Law (1)
- International Trade Law (1)
- Law and Economics (1)
- Keyword
-
- Legal History (6)
- Constitutional Law (4)
- Constitution (3)
- Original intent (3)
- Original meaning (3)
-
- Original understanding (3)
- Constitutional law (2)
- Interpretation (2)
- Coherence (1)
- Constitutional law--Pennsylvania, Musmanno, Michael A. (1)
- Criminal Procedure (1)
- Critical Theory (1)
- Decision-making (1)
- Dispute Resolution (1)
- Duquesne Law Review (1)
- Gender and Human Rights (1)
- General welfare (1)
- General welfare clause (1)
- Human Rights (1)
- Human Rights, Critical Theory (1)
- Incidental powers (1)
- Judicial Philosophy (1)
- Jurisprudence (1)
- Law & Imperialism (1)
- Law & Language, Law & Literature (1)
- Law and Society (1)
- Legal History (Western Tradition, Latin America and Mexico) (1)
- Legal Periodicals (1)
- Legal Periodicals--Pennsylvania--History (1)
- Legal Research and Bibliography (1)
Articles 1 - 13 of 13
Full-Text Articles in Legal History
Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich
Proyecto De Ley Sobre Juicio Por Jurados, Dr Leonardo J. Raznovich
Dr Leonardo J Raznovich
This article published in Spanish provides with an assessment of a bill sent to the Argentinean Parliament in order to implement trial by jury for serious criminal matters. It also provides with a historical overview of the institution and with some possible explanations why the Argentinean legislator has been reluctant to fulfill the constitutional mandate of implementing trial by jury for all criminal matters (articles 24, 75 (12) and 118 of the Argentinean Constitution).
Власть И Отечественная Наука: Формирование Государственной Политики (1917-1941 Гг.), Leonid G. Berlyavskiy
Власть И Отечественная Наука: Формирование Государственной Политики (1917-1941 Гг.), Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Despite cardinal changes of political regime throughout 1917-1941, the science remained essential factor of the social development in the USSR. The essence of the State scientific policy was use and development with a view of the socialist modernisation. By the State were applied such methods, as legislative adjustment, State budgetary financing, management of system of the organisation scientific activities, political control on the researces.
The Agency Law Origins Of The Necessary And Proper Clause, Robert G. Natelson
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
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
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.
Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel
Running Backs, Wolves, And Other Fatalities: How Manipulations Of Coherence In Legal Opinions Marginalize Violent Death, Jonathan Yovel
Jonathan Yovel
By examining legal cases that involve violent death and its marginalization by the courts, this essay looks into the relations between narrative coherence and narrative absurd in judicial opinions. Coherence, rather than a static, unequivocal characteristic of legal narratives, is studied here as a highly manipulable narrative and rhetorical performance. Giving a performative twist to reader-response approaches I do not really ask what is the meaning of this text (as construed by its reading)? but rather, working from the position of the text's discursive community, what does this text do? The reading of these cases explores how judicial narration and …
Four Decades Of The Duquesne Law Review Volumes 1-40 (1963-2002): A History, Joel Fishman
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
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.
Nociones Generales Y Esquemas Ordenadores Introductorios Al Curso De Historia General Del Derecho, Juan Pablo Pampillo
Nociones Generales Y Esquemas Ordenadores Introductorios Al Curso De Historia General Del Derecho, Juan Pablo Pampillo
Juan Pablo Pampillo Baliño
No abstract provided.
The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman
The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman
Deborah M. Weissman
This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …
Acquisition Of Living Things By Specification, Ernest Metzger
Acquisition Of Living Things By Specification, Ernest Metzger
Ernest Metzger
Ownership of the product of living things, such as human tissue or cultures developed from human cells, is difficult for the law to determine. Civilian jurisdictions, with their legal heritage grounded in Roman law, offer one solution. Civilian jurisdictions would resolve such cases under the rules of specification. A recent case from the Outer House of the Scottish Court of Session (Kinloch Damph Ltd v Nordvik Salmon Farms Ltd) addresses the problem. The case was properly decided, though the grounds of the decision could be improved. Specifically, on civil law principles, civilian courts ought to award ownership of a living …
Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger
Roman Judges, Case Law, And Principles Of Procedure, Ernest Metzger
Ernest Metzger
Roman law has been admired for a long time. Its admirers, in their enthusiasm, have sometimes borrowed ideas from their own time and attributed them to the Romans, thereby filling some gap or fixing some anomaly. Roman private law is a well known victim of this. Roman civil procedure has been a victim as well, and the way Roman judges are treated in the older literature provides an example. For a long time it has been accepted, and rightly so, that the decision of a Roman judge did not make law. But the related, empirical question, whether Roman judges ever …
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
A Key Influence On The Doctrine Of Actual Malice: Justice William Brennan’S Judicial Philosophy At Work In Changing The Law Of Seditious Libel, Carlo A. Pedrioli
Carlo A. Pedrioli
In light of the historical change in the law of seditious libel that New York Times v. Sullivan (1964) prompted and the need for further exploration of the human factors behind the case, this article gives attention to William Brennan’s judicial philosophy at work in the case. The article defines judicial philosophy as a system of guiding principles upon which a judge calls in the process of legal decision-making. Specifically, the article explains how, through Times v. Sullivan, Brennan’s instrumentalist judicial philosophy had an important influence on changing the course of legal protection for criticism of the government in the …