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1981

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Articles 1 - 30 of 57

Full-Text Articles in Legal History

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg Dec 1981

Markets Overt, Voidable Titles, And Feckless Agents: Judges And Efficiency In The Antebellum Doctrine Of Good Faith Purchase, Harold R. Weinberg

Law Faculty Scholarly Articles

In considering American common law doctrines shaped during the nineteenth century, commentators have advanced differing theories on the primary judicial criteria employed by judges. Recent studies have argued that these doctrines reflect a criterion of economic efficiency. This work has been criticized for its failure to explain why there seems to be a correlation between efficiency and these decision rules or why judges might have preferred efficiency over other decisional criteria. Other studies have proposed that many judicial doctrines announced before the Civil War were intended to facilitate or ratify major shifts in the distribution of social wealth. This article …


The Opinion Volume 22 Number 6 – November 30, 1981, The Opinion Nov 1981

The Opinion Volume 22 Number 6 – November 30, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 30, 1981. Includes Onion spoof issue insert.


The Opinion Volume 22 Number 5 – November 19, 1981, The Opinion Nov 1981

The Opinion Volume 22 Number 5 – November 19, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 19, 1981


The Opinion Volume 22 Number 4 – November 5, 1981, The Opinion Nov 1981

The Opinion Volume 22 Number 4 – November 5, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 5, 1981


The Opinion Volume 22 Number 3 – October 22, 1981, The Opinion Oct 1981

The Opinion Volume 22 Number 3 – October 22, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 22, 1981


The Opinion Volume 22 Number 2 – October 7, 1981, The Opinion Oct 1981

The Opinion Volume 22 Number 2 – October 7, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 7, 1981


The Opinion Volume 22 Number 1 – September 17, 1981, The Opinion Sep 1981

The Opinion Volume 22 Number 1 – September 17, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 17, 1981


James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry Jul 1981

James Madison And The Burger Court: Converging Views Of Church-State Separation, Patricia E. Curry

Indiana Law Journal

No abstract provided.


The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle Jul 1981

The Dawn's Early Light: The Contributions Of John Hart Ely To Constitutional Theory, Stanley Conrad Fickle

Indiana Law Journal

No abstract provided.


The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read Jul 1981

The Bloodless Revolution: The Role Of The Fifth Circuit In The Integration Of The Deep South, Frank T. Read

Mercer Law Review

On October 1, 1981, the nation's foremost civil rights tribunal will be no more. On that date, the Fifth Circuit Reorganization Act will become effective and the famous United States Court of Appeals for the Fifth Circuit will be divided into two new circuits.' With the passing of the Fifth Circuit into history's dusty pages, it is appropriate to reflect on the contributions of that court in this nation's monumental struggle to desegregate the public schools of the Deep South.

On May 17, 1954, the United States Supreme Court, in its most important decision in this century, rejected the "separate …


A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky May 1981

A History Of Dalhousie Law School, L. E. Rozovsky, F. A. Rozovsky

Dalhousie Law Journal

As the author is at pains to tell us at the very beginning, this is not an earth-shaking book. Furthermore, Professor Willis states in his preface that the project was started by the late Dean Emeritus Horace Read and thus is the work of two hands; if Willis himself had originated the project, "The book I should like to have written about the Dalhousie Law School would be something very different from this .. ." At that point, the reviewer felt some unease about the task at hand. He need not have worried: the history is a successful and worthwhile …


The Opinion Volume 21 Number 11 – April 23, 1981, The Opinion Apr 1981

The Opinion Volume 21 Number 11 – April 23, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 23, 1981


The Opinion Volume 21 Number 10 – April 9, 1981, The Opinion Apr 1981

The Opinion Volume 21 Number 10 – April 9, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 9, 1981


An Ungovernable People, William B. Jones Jr Apr 1981

An Ungovernable People, William B. Jones Jr

University of Arkansas at Little Rock Law Review

No abstract provided.


Chief Justice Earl Warren, Otis H. King Apr 1981

Chief Justice Earl Warren, Otis H. King

North Carolina Central Law Review

No abstract provided.


Justice John M. Harlan, Drew S. Days Iii Apr 1981

Justice John M. Harlan, Drew S. Days Iii

North Carolina Central Law Review

No abstract provided.


Justice Byron R. White, Charles E. Daye Apr 1981

Justice Byron R. White, Charles E. Daye

North Carolina Central Law Review

No abstract provided.


Justice William O. Douglas, Wiley A. Branton Apr 1981

Justice William O. Douglas, Wiley A. Branton

North Carolina Central Law Review

No abstract provided.


Justice William Brennan, John Doar Apr 1981

Justice William Brennan, John Doar

North Carolina Central Law Review

No abstract provided.


Justice Potter Stewart, Vincent L. Broderick Apr 1981

Justice Potter Stewart, Vincent L. Broderick

North Carolina Central Law Review

No abstract provided.


The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick Apr 1981

The Nature Of The Constitutional Process: Equal Protection And The Burger Court, Albert Broderick

North Carolina Central Law Review

No abstract provided.


The Feudal Framework Of English Law, Robert C. Palmer Apr 1981

The Feudal Framework Of English Law, Robert C. Palmer

Michigan Law Review

A Review of The Legal Framework of English Feudalism by S.F.C, Milsom


The Opinion Volume 21 Number 9 – March 27, 1981, The Opinion Mar 1981

The Opinion Volume 21 Number 9 – March 27, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 27, 1981


The Opinion Volume 21 Number 8 – March 5, 1981, The Opinion Mar 1981

The Opinion Volume 21 Number 8 – March 5, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 5, 1981


On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky Mar 1981

On The Early History Of Lower Federal Courts, Judges And The Rule Of Law (Review Of Two Titles), Alfred S. Konefsky

Book Reviews

Review of Kermit L. Hall, The Politics of Justice: Lower Federal Judicial Selection and the Second Party System and Mary K. Bonsteel Tachau, Federal Courts in the Early Republic: Kentucky 1789-1816.


The Perils Of Writing An Intellectual History Of Torts, George C. Christie Mar 1981

The Perils Of Writing An Intellectual History Of Torts, George C. Christie

Michigan Law Review

A Review of Tort Law in America: An Intellectual History by G. Edward White


Popular Justice: A History Of American Criminal Justice, Michigan Law Review Mar 1981

Popular Justice: A History Of American Criminal Justice, Michigan Law Review

Michigan Law Review

A Review of Popular Justice: A History of American Criminal Justice by Samuel Walker


A Tale Of Two Laws, Barbara A. Black Mar 1981

A Tale Of Two Laws, Barbara A. Black

Michigan Law Review

A Review of The Rise and Fall of Freedom of Contract by Patrick S. Atiyah


Truth And Interpretation In Legal History, G. Edward White Mar 1981

Truth And Interpretation In Legal History, G. Edward White

Michigan Law Review

The essay consists of four sections. Section I discusses the nature of historical explanation, devoting some attention to the roles of "truth," interpretation, and detachment in historical scholarship. Section II continues that discussion by exploring the meaning and the purpose of what I call "interpretive detachment" in the writing of history. Section III considers the theoretical assumptions of Marxist legal historians from the point of view developed in preceding sections. Section IV, taking into account some issues that remain problematic or troublesome, restates my approach.


On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky Mar 1981

On The Early History Of Lower Federal Courts, Judges, And The Rule Of Law, Alfred S. Konefsky

Michigan Law Review

A Review of The Politics of Justice: Lower Federal Judicial Selection and the Second Party System, 1829-1861 by Kermit L. Hall and Federal Courts in the Early Republic: Kentucky 1789-1816 by Mary K. Bonsteel Tachau