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Articles 1 - 15 of 15
Full-Text Articles in Legal History
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer
Articles
No abstract provided.
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg
Cornell Law Faculty Publications
Recent decisions of the Supreme Court have not been kind to those who favor an expansive reading of the equal protection clause. Last Term, in Washington v. Davis, the Court held that the disproportionate impact of governmental action on minority groups is not unconstitutional unless accompanied by proof of intentional discrimination. This Term, in Village of Arlington Heights v. Metropolitan Housing Development Corp., the Court reinforced the intent barrier to the finding of equal protection violations. Mr. Eisenberg argues in this Article that the Washington test is too harsh, and was required neither by practical necessity nor by …
The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman
The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman
Cornell Law Faculty Publications
It is frequently assumed, especially by political theorists, that the development of the modern theory of resistance to governmental authority was the accomplishment primarily of Huguenot writers of the late sixteenth century and that it was they who laid the foundations for the more famous seven- teenth-century English theories of a right of revolution. The corollary is that Lutheran writers made little contribution to the development of this theory, if not, indeed, a negative one. Contrary to this fairly common assumption, however, the justification of resistance was a major concern of German Protestants in the early sixteenth century, and I …
Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner
Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner
All Faculty Scholarship
This article refutes the claimed historical bases for criminal law in rem forfeiture.
Nicholas Bacon: The Making Of A Tudor Statesman, William Hamilton Bryson
Nicholas Bacon: The Making Of A Tudor Statesman, William Hamilton Bryson
Law Faculty Publications
A book review on Nicholas Bacon: The Making of a Tudor Statesman by Robert Tittler.
Review, Justice Accused: Antislavery And The Judicial Process, Richard Kay
Review, Justice Accused: Antislavery And The Judicial Process, Richard Kay
Faculty Articles and Papers
Reviewing Justice Accused: Antislavery and the Judicial Process By Robert M. Cover. New Haven: Yale University Press. 1975.
Can/Should Computers Replace Judges?, Anthony D'Amato
Can/Should Computers Replace Judges?, Anthony D'Amato
Faculty Working Papers
Speculates concerning judicial decision-making to test, at least theoretically, what some of the implications of jurisprudential advances might be. Proposes as the means of making this test a consideration of whether a computer may be so programmed as to replace the judicial function of judges.
The Reports Of Charles Lee And John Brown, William Hamilton Bryson
The Reports Of Charles Lee And John Brown, William Hamilton Bryson
Law Faculty Publications
The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …
Book Review, Charles F. Wilkinson
Book Review. De Legibus Et Consuetudinibus Angliae, Morris S. Arnold
Book Review. De Legibus Et Consuetudinibus Angliae, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold
Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Statutes As Judgments: The Natural Law Theory Of Parliamentary Activity In Medieval England, Morris S. Arnold
Statutes As Judgments: The Natural Law Theory Of Parliamentary Activity In Medieval England, Morris S. Arnold
Articles by Maurer Faculty
The proposition that late medieval English lawgivers believed themselves to be exercising a declarative function has been so frequently put forward and so widely accepted that it is in danger of being canonized by sheer dint of repetition; and thus one who would deny the essential validity of that notion bears the virtually insuperable burden of proof commonly accorded an accused heretic. Nevertheless, it will be argued here that natural law notions are attributed to the medieval English legislator with only the slightest support from the sources, and after only the most rudimentary and uncritical analyses of the implications of …
The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun
The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun
Publications
No abstract provided.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.
Publications
The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.
Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer
Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer
Articles
No abstract provided.