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1977

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Articles 1 - 20 of 20

Full-Text Articles in Legal History

Law In Modern Society: Toward A Criticism Of Social Theory. By Roberto Mangabeira Unger., Richard D. Schwartz Jul 1977

Law In Modern Society: Toward A Criticism Of Social Theory. By Roberto Mangabeira Unger., Richard D. Schwartz

Buffalo Law Review

No abstract provided.


Prosecuting The Elephant: Trials And Judicial Behavior On The Overland Trail, John Phillip Reid May 1977

Prosecuting The Elephant: Trials And Judicial Behavior On The Overland Trail, John Phillip Reid

BYU Law Review

No abstract provided.


A Review: Unequal Justice: Lawyers And Social Change In Modern America, Lawrence Mayberry Apr 1977

A Review: Unequal Justice: Lawyers And Social Change In Modern America, Lawrence Mayberry

IUSTITIA

Unequal Justice is a social history of the legal profession from the emergence of The American Bar Association in the 1870's until the 1970's. Auerbach is a professional historian and not a member of the legal profession who writes history, nor is he a sociologist. But before his graduate work in history, the author entered and quickly left law school. The honesty with which he relates the experience and the competent research and analysis manifest in his work demonstrate that he writes this book from a perspective of understanding rather than of bitterness or indifference. In fact Auerbach ...


The Development Of The Lutheran Theory Of Resistance: 1523-1530, Cynthia Grant Bowman Apr 1977

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 ...


Disproportionate Impact And Illicit Motive: Theories Of Constitutional Adjudication, Theodore Eisenberg Apr 1977

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 constitutional mandates ...


The Reports Of Charles Lee And John Brown, William Hamilton Bryson Jan 1977

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 ...


Nicholas Bacon: The Making Of A Tudor Statesman, William Hamilton Bryson Jan 1977

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.


Can/Should Computers Replace Judges?, Anthony D'Amato Jan 1977

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.


Book Review, Charles F. Wilkinson Jan 1977

Book Review, Charles F. Wilkinson

Articles

No abstract provided.


The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun Jan 1977

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Articles

No abstract provided.


An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers, Jr. Jan 1977

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers, Jr.

Articles

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.


Book Review: Better Kind Of Hatchet: Law, Trade And Diplomacy In The Cherokee Nation During The Early Years Of European Contact, William E. Nelson Jan 1977

Book Review: Better Kind Of Hatchet: Law, Trade And Diplomacy In The Cherokee Nation During The Early Years Of European Contact, William E. Nelson

Faculty Scholarship Series

John Phillip Reid's latest book, A Better Kind of Hatchet: Law,
Trade, and Diplomacy in the Cherokee Nation during the Early
Years of European Contact, is ostensibly a study of trade relations
between South Carolina and the Cherokee Indians during the first
third of the eighteenth century. But taken in conjunction with his
earlier book, A Law of Blood: The Primitive Law of the Cherokee
Nation, the new book is, in truth, much more. At the deepest level,
Reid's achievement in the two books is to suggest to white Americans,
first, some ways in which our understanding of ...


Bane Of American Forfeiture Law—Banished At Last?, James Maxeiner Jan 1977

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.


The Law Of Fogel V Chestnut: An Historical Analysis, Jan Ginter Deutsch Jan 1977

The Law Of Fogel V Chestnut: An Historical Analysis, Jan Ginter Deutsch

Faculty Scholarship Series

One of the facts that identifies law as a profession is the phenomenon of the first year of law school. For the lay public, it must appear remarkable that law students-being trained to operate in worlds that are changing with increasing rapidity should nevertheless spend their first year analyzing many of the same judicial decisions studied during their predecessors' first year.

It is because certain opinions attain a precedential value beyond the facts of the specific disputes they resolve that their study is not inconsistent with the learning of contemporary doctrine. Public acceptance of the profession, however, rests precisely on ...


Competition And Corporate Law: A Dialogue - The Bangor Punta And Santa Fe Options, Jan Ginter Deutsch Jan 1977

Competition And Corporate Law: A Dialogue - The Bangor Punta And Santa Fe Options, Jan Ginter Deutsch

Faculty Scholarship Series

In this imaginary dialogue between the economist and the lawyer, both attempt to analyze the recent decisions of the U.S. Supreme Court, applying the norms of their respective disciplines, and seek to derive a principle that would assist in formulating a course of action for the future. To those brought up in the classic tradition of Anglo-American law, the para­ meters employed to reach a decision in these cases may not be entirely intelligible. However, the determination of the applicable principle in the milieu of the current shift of the frontiers of law needs not only ...


Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer Jan 1977

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

Articles

No abstract provided.


Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold Jan 1977

Book Review. The Transformation Of American Law, 1780-1860 By Morton J. Horwitz, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


Book Review. De Legibus Et Consuetudinibus Angliae, Morris S. Arnold Jan 1977

Book Review. De Legibus Et Consuetudinibus Angliae, 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 Jan 1977

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 ...


Vicinage--Part Ii, Drew L. Kershen Dec 1976

Vicinage--Part Ii, Drew L. Kershen

Drew L. Kershen

No abstract provided.