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Articles 91 - 110 of 110
Full-Text Articles in Legal History
Justice Brennan: A Tribute To A Federal Judge Who Believes In State's Rights, 20 J. Marshall L. Rev. 1 (1986), Ann Lousin
UIC Law Review
No abstract provided.
Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman
Dualistic Legal Phenomena And The Limitations Of Positivism, Gregory Silverman
Faculty Articles
Often, in a case of first instance, a judge will reach a decision by an appeal to legal principles. For example, in the 1889 case of Riggs v. Palmer a New York court had to decide whether a grandson who had murdered his grandfather could inherit under the will in which his grandfather had named him an heir. The statutes and rules of testamentary law did not prohibit the inheritance. The court, however, invoked the legal principle that no one should be permitted to profit by his own wrong and denied the claim to inheritance. The use of such principles …
Regulatory Reform In The Reagan Era, Thomas O. Mcgarity
Regulatory Reform In The Reagan Era, Thomas O. Mcgarity
Maryland Law Review
No abstract provided.
Discretion In Making Legal Decisions: A Frances Lewis Law Center Colloquium, Thomas L. Shaffer
Discretion In Making Legal Decisions: A Frances Lewis Law Center Colloquium, Thomas L. Shaffer
Journal Articles
Colloquium papers, pp. 1161-1311, edited by Professor Shaffer.
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller
Articles
Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …
Correspondence (Letter To The Editor), Alan Watson
Correspondence (Letter To The Editor), Alan Watson
Scholarly Works
In "A Comment on the Critical Method in Legal History," 6 Cardozo L. Rev. 997 (1985), Mark Tushnet responded to Alan Watson's review of his book, THE AMERICAN LAW OF SLAVERY, 1810-1860, which appeared at 91 Yale L.J. 1034 (1982). In a letter to the Editor-in-Chief of the Cardozo Law Review reproduced below, Professor Watson launches the next salvo in their ongoing debate by comparing quotes from Critical Method, THE AMERICAN LAW OF SLAVERY, the Yale book review, and other sources.
Rising Above Principle, Geoffrey C. Hazard Jr.
Rising Above Principle, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Discrimination, Jobs, And Politics, Anita L. Allen
Discrimination, Jobs, And Politics, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger
Commercial Litigation In West Virginia State And Federal Courts, 1870-1940, Frank W. Munger
Articles & Chapters
No abstract provided.
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar
Faculty Scholarship
No abstract provided.
Review Of Disputes And Settlements: Law And Human Relations In The West, By J. Bossy, Editor., William I. Miller
Review Of Disputes And Settlements: Law And Human Relations In The West, By J. Bossy, Editor., William I. Miller
Reviews
Evans-Pritchard probably knew he was exaggerating, but not being able to resist the chance to repay a gift in kind, he reversed Maitland's dictum and claimed that history must choose between being social anthropology or being nothing. If we substitute "tedious" for "nothing" we would have a truer statement. Legal history, if not quite heeding Evans-Pritchard, has in the past decade begun to learn some lessons from legal anthropology and the sociology of law. Studies of bureaucratic development, forms of action, formulae and writs, while still flourishing in the hands of several brilliant practitioners, are tending to give way slowly, …
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen
Articles by Maurer Faculty
In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller
Dreams, Prophecy And Sorcery: Blaming The Secret Offender In Medieval Iceland, William I. Miller
Articles
An eminent legal historian once noted that the fundamental problem of law enforcement in primitive societies is that of the secret offender. The Icelandic legal and dispute processing systems depended on a wrongdoer publishing his deed, or at least committing it in an open and notorious manner. No state agencies existed to investigate and discover the non-publishing wrongdoer. But there were strong normative inducements to wrong openly; one's name was at stake. There was absolutely no honor in thievery, only the darkest shame; the ransmadr, on the other hand, suffered no shame for his successful raids, even if he did …
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Imagining The Past And Remembering The Future: The Supreme Court's History Of The Establishment Clause, Gerard V. Bradley
Journal Articles
Our Framers through the Establishment Clause sought to prevent the government from preferring one religious sect to another. However, the Supreme Court in Everson v. Board of Education abandoned that meaning of nonestablishment and created a general prohibition on all nondiscriminatory aid to religion, a decision later reinforced in Lemon v. Kurtzman. This Article discusses the Founder’s worldview and looks at other Establishment Clause cases to illustrate that the historical evidence is inconsistent with Everson. Rather, the founders intended to assure that religion would be aided only on a nondiscriminatory, or sect-neutral, basis and does not stand for …
Consensus And Objectivity In Early Constitutional Interpretation: An Unproven Thesis (Book Review), H. Jefferson Powell
Consensus And Objectivity In Early Constitutional Interpretation: An Unproven Thesis (Book Review), H. Jefferson Powell
Faculty Scholarship
Reviewing Christohper Wolfe, The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law (1986)
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Congressional Power And Free Speech: Levy’S Legacy Revisited, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
The Ninth Amendment: Source Of A Substantive Right To Privacy, 19 J. Marshall L. Rev. 959 (1986), Gerald G. Watson
UIC Law Review
No abstract provided.
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan
UIC Law Review
No abstract provided.
Legum Doctores E Cultura Giuridica Nella Sicilia Aragonese, 1984, Laurent Mayali, A. Romano
Legum Doctores E Cultura Giuridica Nella Sicilia Aragonese, 1984, Laurent Mayali, A. Romano
Laurent Mayali
No abstract provided.