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Legal History Commons

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1992

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Articles 1 - 30 of 84

Full-Text Articles in Legal History

Lotteries, Revenues And Social Costs: A Historical Examination Of State-Sponsored Gambling, Ronald J. Rychlak Dec 1992

Lotteries, Revenues And Social Costs: A Historical Examination Of State-Sponsored Gambling, Ronald J. Rychlak

Boston College Law Review

No abstract provided.


The Meaning Of "Under Color Of" Law, Steven L. Winter Dec 1992

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to create doctrinal ...


The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall Oct 1992

The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall

Cornell Law Faculty Publications

No abstract provided.


Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla Oct 1992

Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla

Faculty Publications

No abstract provided.


Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen Oct 1992

Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen

Scholarly Works

Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor. Moe assigns his right first to Faye and then to Clay. Whom must Mae pay, Faye or Clay? For more than a century, judges have struggled with successive assignments to different persons of the same contract right. These cases which typically involve rights to monetary payments called "accounts" have generated subtleties of doctrine and disagreements among courts. Today, as a general rule, the Uniform Commercial Code controls these cases. Ambiguities, however, lurk in the code. Cryptic common-law doctrines also continue to govern many successive-assignment problems ...


Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law Sep 1992

Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law At The College Of William & Mary School Of Law

Supreme Court Preview

No abstract provided.


Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James Sep 1992

Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James

In the Public Interest

No abstract provided.


Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman Jul 1992

Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman

Faculty Articles and Papers

No abstract provided.


The Formal Character Of Law, Robert S. Summers Jul 1992

The Formal Character Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson Jul 1992

The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson

Scholarly Works

To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.


Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank Jun 1992

Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Zero-Sum Madison, Thomas W. Merrill May 1992

Zero-Sum Madison, Thomas W. Merrill

Michigan Law Review

A Review of Private Property and the Limits of American Constitutionalism by Jennifer Nedelsky


Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde May 1992

Black Hills/White Justice: The Sioux Nation Versus The United States, Martin J. Lalonde

Michigan Law Review

A Review of Black Hills/White Justice: The Sioux Nation Versus the United States by Edward Lazarus


Medieval Iceland And Modern Legal Scholarship, Richard A. Posner May 1992

Medieval Iceland And Modern Legal Scholarship, Richard A. Posner

Michigan Law Review

A Review of Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland by William Ian Miller


The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren May 1992

The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren

Michigan Law Review

A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg


Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian May 1992

Transforming Free Speech: The Ambiguous Legacy Of Civil Libertarianism, Gregory P. Magarian

Michigan Law Review

A Review of Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism by Mark A. Graber


The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp May 1992

The Supreme Court As Constitutional Interpreter: Chronology Without History, Herbert Hovenkamp

Michigan Law Review

A Review of The Constitution in the Supreme Court: The Second Century, 1888-1986 by David P. Currie


Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole May 1992

Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole

Michigan Law Review

A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker


Performing The Constitution, Denis J. Brion Mar 1992

Performing The Constitution, Denis J. Brion

Washington and Lee Law Review

No abstract provided.


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron Mar 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron

Boston College Law School Faculty Papers

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state ...


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron Feb 1992

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state ...


Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue Jan 1992

Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue

Law Faculty Publications

For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by publication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was ...


Miscellaneous Virginia Law Reports, 1784-1809 : Being The Reports Of Charles Lee, John Brown, David Watson & David Yancey, William Hamilton Bryson Jan 1992

Miscellaneous Virginia Law Reports, 1784-1809 : Being The Reports Of Charles Lee, John Brown, David Watson & David Yancey, William Hamilton Bryson

Law Faculty Publications

The common law is in its essence case law. And this is so fundamentally beli~ved by the practitioners of the common law that, whatever their heads may tell them about the constitutional place of a statute to alter the common law, they cannot in their hearts accept the obvious meaning of a statute unless it is corroborated and expounded by a judge by means of a formal judicial opinion in a lawsuit. Reports of cases are and shall always be the foundation of the law. Moreover, the written reports of cases are the life blood of the common law ...


Las Reformas Constitucionales En Materia De Libertad Religiosa, Jorge Carlos Adame Jan 1992

Las Reformas Constitucionales En Materia De Libertad Religiosa, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens Jan 1992

Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens

Faculty Articles

Twentieth century reform of the American law of evidence was initially premised on the ideals of legal progressivism, ideals splintered by American legal realism. In preparing the American Law Institute's Model Code of Evidence from 1939 to 1942, Harvard Law School professor Edmund M. Morgan attempted to reconstitute the framework of reform in light of the challenge of legal realism. The Model Code was based on granting greater discretion to the trial judge and changing the goals of the trial from a search for truth to a "rational" resolution of disputes.

Morgan’s decision to emphasize the rational resolution ...


The Law Of Evidence And The Idea Of Progress, Michael S. Ariens Jan 1992

The Law Of Evidence And The Idea Of Progress, Michael S. Ariens

Faculty Articles

To ask the question, “Does evidence law matter?,” is often to assume that some sets or groups of people believe it is important while others are challenging that view. However, another assumption regarding the nature of this question is possible—that the question is asked because legal academics believe that evidence law both does and does not matter, and that those academics also believe that these are irreconcilable beliefs. What is of particular interest is how legal academics reached this point and why they believe that evidence law both does and does not matter.

Consideration of these aspects of evidence ...


"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek Jan 1992

"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.


Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power Jan 1992

Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power

Faculty Scholarship

Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both ...


Correspondence: The Stuff Of Constitutional Law, Neal Devins Jan 1992

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Faculty Publications

No abstract provided.


Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander Jan 1992

Discovering Our Connections: Race And Gender In The Law Symposium Keynote Address, Margaret Walker Alexander

American University Journal of Gender, Social Policy & the Law

No abstract provided.