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Articles 1 - 30 of 48
Full-Text Articles in Legal History
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth Casebeer
Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth Casebeer
Buffalo Law Review
No abstract provided.
Learned Hand: The Jurisprudential Trajectory Of An Old Progressive, Edward A. Purcell Jr.
Learned Hand: The Jurisprudential Trajectory Of An Old Progressive, Edward A. Purcell Jr.
Buffalo Law Review
No abstract provided.
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Michigan Law Review
At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.
The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …
Thurgood Marshall, Daniel Pollitt
Thurgood Marshall, Daniel Pollitt
North Carolina Central Law Review
No abstract provided.
Clarence Thomas: Evasive Or Deceptive, Anton Bell
Clarence Thomas: Evasive Or Deceptive, Anton Bell
North Carolina Central Law Review
No abstract provided.
Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters
Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters
Osgoode Hall Law Journal
This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.
Forbidden Spectacle: Executions, The Public And The Press In Nineteenth Century New York, Michael Madow
Forbidden Spectacle: Executions, The Public And The Press In Nineteenth Century New York, Michael Madow
Buffalo Law Review
No abstract provided.
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
History, Jurisdiction, And The Federal Courts: Changing Contexts, Selective Memories, And Limited Imagination, Judith Resnik
West Virginia Law Review
No abstract provided.
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
Fictions, Fault, And Forgiveness: Jury Nullification In A New Context, David N. Dorfman, Chris K. Iijima
University of Michigan Journal of Law Reform
Recently, critics of the Anglo-American jury system have complained that juries in criminal trials have been ignoring the law, in favor of defendants who claim that they lack criminal responsibility because they are afflicted by the various victimization syndromes now popularized in the mass media. In this Article, Professors Dorfman and Iijima counter this characterization of the "runaway" jury and argue that juries are not ignoring the law, but rather, are exercising a primary power of the jury, to nullify the application of the law when such application to a particular defendant is unjust. The Authors trace the development of …
Cook And The Corporate Shareholder: A Belated Review Of William W. Cook's Publications On Corporations, Alfred F. Conard
Cook And The Corporate Shareholder: A Belated Review Of William W. Cook's Publications On Corporations, Alfred F. Conard
Michigan Law Review
A Review of A Treatise on the Law of Stock and Stockholders, as Applicable to Railroad, Banking, Insurance, Manufacturing, Commercial, Business, Turnpike, Bridge, Canal, and Other Private Corporations by William W. Cook
De Jure Revolution?, Margaret M. Russell
De Jure Revolution?, Margaret M. Russell
Michigan Law Review
A Review of Failed Revolutions: Social Reform and the Limits of Legal Imagination by Richard Delgado and Jean Stefancic, and Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution by Jack Greenberg.
The Case For (And Against) Harvard, Robert W. Gordon
The Case For (And Against) Harvard, Robert W. Gordon
Michigan Law Review
A Review of Logic and Experience: The Origin of Modern American Legal Education by William P. LaPiana
It Isn't About Duck Hunting: The British Origins Of The Right To Arms, David B. Kopel
It Isn't About Duck Hunting: The British Origins Of The Right To Arms, David B. Kopel
Michigan Law Review
A Review of To Keep and Bear Arms: The Origins of an Anglo-American Right by Joyce Lee Malcolm
Poverty Lawyering In The Golden Age, Matthew Diller
Poverty Lawyering In The Golden Age, Matthew Diller
Michigan Law Review
A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis
History's Stories, Stephan Landsman
History's Stories, Stephan Landsman
Michigan Law Review
A Review of Stories of Scottsboro by James Goodman
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
English Law In The Age Of The Black Death, 1348-1381: A Transformation Of Governance And Law, Daniel B. Kosove
Michigan Law Review
A Review of English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law by Robert C. Palmer
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Rosa Parks: Foremother & Heroine Teaching Civility & Offering A Vision For A Better Tomorrow, A. Leon Higginbotham, Jr.
Florida State University Law Review
No abstract provided.
Women And The Law: A Century Of Achievement, Mary Beth Nolan
Women And The Law: A Century Of Achievement, Mary Beth Nolan
West Virginia Law Review
No abstract provided.
The Citation Practices Of The New York Court Of Appeals, 1850-1993, William H. Manz
The Citation Practices Of The New York Court Of Appeals, 1850-1993, William H. Manz
Buffalo Law Review
No abstract provided.
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
W Stories: Women In Leadership Positions In The Judiciary, Deanell Reece Tacha
West Virginia Law Review
No abstract provided.
West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon
West Virginia's Pioneer Women Lawyers, Teree E. Foster, Sandra M. Fallon
West Virginia Law Review
No abstract provided.
The Mi'kmaq And The Fishery: Beyond Food Requirements, Bruce H. Wildsmith
The Mi'kmaq And The Fishery: Beyond Food Requirements, Bruce H. Wildsmith
Dalhousie Law Journal
The Mi'kmaq, the traditional Aboriginal nation in Nova Scotia, are struggling to find their place in the modern fishery. Significant milestones have been achieved, including the Denny, Paul and Sylliboy (N.S.C.A.) case establishing the right of the Mi'kmaq to harvest fish for food and the Simon (S.C.C.) case affirming the continuing validityof the Mi'kmaq Treatyof 1752, a treaty that contains an express right to sell fish. Though fishing by the Mi'kmaq for food no longer appears to be a subject of controversy (assuming the needs of conservation have been met), the spectre of commercial aspects to the Mi'kmaq fishery is …
"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan
"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan
Washington and Lee Law Review
No abstract provided.
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis
University of Michigan Journal of Law Reform
With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
The Agincourt Campaign And The Law Of War, A. W.B. Simpson
Michigan Journal of International Law
Review of Henry's Wars and Shakespeare's Laws: Perspectives on the Law of War in the Later Middle Ages by Theodor Meron
Rights And Politics, Joseph Raz
Rights And Politics, Joseph Raz
Indiana Law Journal
Presented on October 7, 1994, at the Indiana University School of Law-Bloomington, as the inaugural Jerome Hall Lecture.
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
University of Richmond Law Review
On April 26, 1607, about one hundred English men landed on the Atlantic shore of North America near Jamestown, Virginia. There they established the foundation for what would become the first permanent English colony in America. These men, and the men and women who followed in the next decade, left as their legacy a society that combined a rudimentary form of popular government with a system of private property. But these settlers established that society only after conducting seventeen turbulent years of social experiments. Had those experiments conducted in that Virginia swamp turned out differently, we might now live under …
Patents And The Jeffersonian Mythology, 29 J. Marshall L. Rev. 269 (1995), Edward C. Walterscheid
Patents And The Jeffersonian Mythology, 29 J. Marshall L. Rev. 269 (1995), Edward C. Walterscheid
UIC Law Review
No abstract provided.
Introduction To Mortgage Lending Discrimination Law, 28 J. Marshall L. Rev. 317 (1995), Robert G. Schwemm
Introduction To Mortgage Lending Discrimination Law, 28 J. Marshall L. Rev. 317 (1995), Robert G. Schwemm
UIC Law Review
No abstract provided.
Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen
Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen
UIC Law Review
No abstract provided.