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1996

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Articles 1 - 30 of 125

Full-Text Articles in Legal History

The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson Dec 1996

The Astonishing Year(S) Of 1996: A Confusion Of Tongues And Alphabetical Camels The First Time As Tragedy, Kenneth Lasson

All Faculty Scholarship

Such irreverence was nothing new to Nimrod. A half-century earlier he had encouraged [Abraham], who'd publicly renounced idolatry even though his father manufactured and sold graven images: how ridiculous, he reasoned, to worship clay figures that had been made the day before! Thus did Nimrod have Abraham thrown into a fiery furnace, from which, according to Midrashic legend, he emerged unscathed. Unlike Nimrod, Abraham eschewed power in favor of teaching ethics and morality to his people.

In the intervening years Nimrod concerned himself with the building of great cities as testimony to his own power and invincibility. And in ...


The Opinion Volume 37 Number 6 – December 6, 1996, The Opinion Dec 1996

The Opinion Volume 37 Number 6 – December 6, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 06, 1996


The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank Dec 1996

The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank

William & Mary Bill of Rights Journal

Judicial independence, which first developed in the Anglo-American legal system, is valued by many countries as an important condition for the rule of law. Its existence in any legal system, however, depends on concrete institutional arrangements. In this Article, Professor Plank identifies four institutional elements necessary to establish and maintain an independent judiciary: fixed tenure (with limited exceptions), fixed and adequate compensation, minimum qualifications, and limited civil immunity. The presence of these elements ensures an independent judiciary in many countries. The lack of permanent tenure for judges in most American states, however, raises serious questions about their independence.

To test ...


The Opinion Volume 37 Number 5 – November 13, 1996, The Opinion Nov 1996

The Opinion Volume 37 Number 5 – November 13, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 13, 1996


Roman Slave Law: An Anglo-American Perspective, Alan Watson Nov 1996

Roman Slave Law: An Anglo-American Perspective, Alan Watson

Scholarly Works

When one looks at Roman slave law from an Anglo-American perspective, what is striking is the apparent disinterest or lack of concern in the subject on the part of the state and the corresponding freedom of action allowed to slave owners. My claim is not that there was little law--indeed there was a great deal--but that the state did not get overly involved in laying down what owners could do with their slaves. For instance, though law decreed the methods by which slaves could be freed, the state imposed very few restrictions on manumission. This is all the more striking ...


The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White Nov 1996

The First Amendment Comes Of Age: The Emergence Of Free Speech In Twentieth-Century America, G. Edward White

Michigan Law Review

As the number of issues perceived as having First Amendment implications continues to grow, and the coterie of potential beneficiaries of First Amendment protection continues to widen - including not only the traditional oppressed mavericks and despised dissenters but some rich and powerful members from the circles of political and economic orthodoxy - alarms have been sounded. Another period of stocktaking for free speech theory appears to be dawning, and some recent commentators have proposed a retrenchment from the long twentieth- century progression of increasingly speech-protective interpretations of the First Amendment. At the heart of the retrenchment literature lies the belief that ...


The Opinion Volume 37 Number 4 – October 30, 1996, The Opinion Oct 1996

The Opinion Volume 37 Number 4 – October 30, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 30, 1996


The Opinion Volume 37 Number 3 – October 9, 1996, The Opinion Oct 1996

The Opinion Volume 37 Number 3 – October 9, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 09, 1996


Public Law And Legal Education In The Nineteenth Century: The Founding Of Burgess' School Of Political Science At Columbia, Alexa S. Bator Oct 1996

Public Law And Legal Education In The Nineteenth Century: The Founding Of Burgess' School Of Political Science At Columbia, Alexa S. Bator

Student Legal History Papers

This paper discusses the founding of the School of Political Science at Columbia University by John W. Burgess in 1880. Burgess established the political science school after failing in his attempts to introduce a program of coursework in political science and public law at Columbia's School of Law. He hoped that the new school would supplement the private-law curriculum of the law school, with the particular aim of preparing students for a career in public service.


A Tribute To Professor Edward J. Littlejohn, John E. Mogk Oct 1996

A Tribute To Professor Edward J. Littlejohn, John E. Mogk

Law Faculty Research Publications

No abstract provided.


Notre Dame Lawyer - Fall/Winter 1996, Notre Dame Law School Oct 1996

Notre Dame Lawyer - Fall/Winter 1996, Notre Dame Law School

Notre Dame Lawyer


Perjury: An Anthology, Richard H. Underwood Oct 1996

Perjury: An Anthology, Richard H. Underwood

Law Faculty Scholarly Articles

Professor Underwood takes an in-depth look at the occurrence of perjury from ancient Rome to the O.J. Simpson trial. This journey through time provides insight into the motives of perjurers, the difficulties involved in catching them; and the alarming frequency with which they succeed, unchastised.


Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello Oct 1996

Pretrial Publicity In Criminal Cases Of National Notoriety: Constructing A Remedy For The Remediless Wrong , Robert Hardaway, Douglas B. Tumminello

American University Law Review

No abstract provided.


Law Reports From A Non-Colony And A Penal Colony: The Australian Manuscript Decisions Of Sir Francis Forbes As Chief Justice Of Newfoundland, Bruce Kercher Oct 1996

Law Reports From A Non-Colony And A Penal Colony: The Australian Manuscript Decisions Of Sir Francis Forbes As Chief Justice Of Newfoundland, Bruce Kercher

Dalhousie Law Journal

The author reports on the existence and contents of a manuscript copy of a selection of judgments by Sir Francis Forbes while he was Chief Justice of Newfoundland from 1817-1822. The manuscript found its way into the State Library of New South Wales sometime after Forbes' translation to New South Wales as its first Chief Justice in 1823. The author comments on the insights these manuscript reports afford of the early legal history of Newfoundland as it developed into a British colony. In particular, he draws attention to the significance of twenty-nine judgments in the manuscript but not available in ...


Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn Oct 1996

Securing Russia's Future: A Plea For Reform In Russian Secured Transactions Law, Jason J. Kilborn

Michigan Law Review

After many turbulent years of uneasy transition to a market economy, Russia is finally "open for business." Nonetheless, the transitional period remains far from over, and Russian enterprises are still starved for capital that they desperately need for retooling to convert from military to consumer production, for acquiring new equipment to replace old and worn machinery, and for undertaking new and lucrative projects. While Russian financial institutions may provide significant funding, their reserves are limited; they could not hope to finance independently the multitude of existing and potential enterprises within the expansive Russian territory. Therefore, much of the financing for ...


A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow Oct 1996

A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow

Faculty Scholarship

No abstract provided.


Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy Oct 1996

Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy

Dalhousie Law Journal

Prior to the Supreme Court of Canada's decision in Tolofson v. Jensen limitations statutes were characterized, prima facie, as procedural for purposes of Canadian private international law. The principal authority for this characterization was the 1835 case of Huber v. Steiner in which an action was brought on a promissory note made in France in 1813 and payable in 1817. The defendant argued that the French Code de commerce applied and that the right of action was extinguished by the provision that "all actions ... prescribe themselves by five years reckoning from the day of protest ..... Tindal C.J. recognized ...


The Opinion Volume 37 Number 2 – September 26, 1996, The Opinion Sep 1996

The Opinion Volume 37 Number 2 – September 26, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 26, 1996


The Opinion Volume 37 Number 1 – September 12, 1996, The Opinion Sep 1996

The Opinion Volume 37 Number 1 – September 12, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 12, 1996


The Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, Mary Sarah Bilder Sep 1996

The Struggle Over Immigration: Indentured Servants, Slaves, And Articles Of Commerce, Mary Sarah Bilder

Boston College Law School Faculty Papers

In this article first published in 1996, the author discusses the pre-1889 understanding of immigration authority.


The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden Jul 1996

The Vital Common Law: Its Role In A Statutory Age, M. Stuart Madden

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Fictions And Meritocratic Success Stories, Robin West Jun 1996

Constitutional Fictions And Meritocratic Success Stories, Robin West

Washington and Lee Law Review

No abstract provided.


Dedication, May 29, 1996: Exhibit Catalogue, Boston College Law School May 1996

Dedication, May 29, 1996: Exhibit Catalogue, Boston College Law School

Rare Book Room Exhibition Programs

Exhibition program from the dedication of the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured rare books that had been used by Boston College Law School Faculty in their research.


The Slavery Of Emancipation, Guyora Binder May 1996

The Slavery Of Emancipation, Guyora Binder

Journal Articles

The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still ...


Stories About Property, William W. Fisher Iii May 1996

Stories About Property, William W. Fisher Iii

Michigan Law Review

A Review of Carol M. Rose, Property and Persuasion: Essays on the History, Theory, and Rhetoric of Ownership


Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen May 1996

Revenge For The Condemned, Sara Sun Beale, Paul H. Haagen

Michigan Law Review

A Review of V.A.C. Gatrell, The Hanging Tree: Execution and the English People 1770-1868


The Opinion Volume 36 Number 12 – May 1, 1996, The Opinion May 1996

The Opinion Volume 36 Number 12 – May 1, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 01, 1996


The Opinion Volume 36 Number 11 – April 17, 1996, The Opinion Apr 1996

The Opinion Volume 36 Number 11 – April 17, 1996, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 17, 1996


Charles Hamilton Houston And The Search For A Just Society, North Carolina Central Law Review Apr 1996

Charles Hamilton Houston And The Search For A Just Society, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.


The Federalism Pendulum, Ronald J. Bacigal Apr 1996

The Federalism Pendulum, Ronald J. Bacigal

Law Faculty Publications

Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.