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1996

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Articles 1 - 30 of 106

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 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 ...


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 ...


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.


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


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.


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.


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.


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.


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.


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 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.


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.


Aspects Of Reception Of Law, Alan Watson Apr 1996

Aspects Of Reception Of Law, Alan Watson

Scholarly Works

In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can one borrow ...


First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette Apr 1996

First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson Mar 1996

Skunk In An Onion Patch Buchanan Threatens Dole If He Doesn't Shut Up-And America If He Does, Kenneth Lasson

All Faculty Scholarship

Regardless of his finish in the primaries, Mr. Buchanan is determined to be heard from at the Republican National Convention in late summer. Mr. [Bob Dole] would like his endorsement for the votes it would provide, but cannot be serious about hoping "that Pat Buchanan would find it in his heart as a good Republican to join forces and close ranks." Can good Republicans be outright bigots? Does Mr. Dole have a political death wish?

What's in Mr. Buchanan's heart is the cause. "We'll go forward," he vowed on national television, "fighting for the cause." But the ...


Madisonian Multiculturalism, Alexandra Natapoff Feb 1996

Madisonian Multiculturalism, Alexandra Natapoff

American University Law Review

No abstract provided.


Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse Feb 1996

Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse

Georgetown Law Faculty Publications and Other Works

During the past quarter century, lawyers have become strangely comfortable with descriptions of our government's structure that would, to an untutored ear, speak contradiction. We are quite satisfied to say that governmental powers are separate and shared, departments distinct and overlapping, functions autonomous and interdependent. We have settled into these contradictions as we would a roomy chair: talking this way is no longer controversial but taken for granted, uttered with a knowing wink, perceived as the starting point of sophisticated analysis. A not "entirely separate," but "entirely free," set of departments is the only way we can think about ...


The Alledger, Volume 16, Number 07, The Alledger Jan 1996

The Alledger, Volume 16, Number 07, The Alledger

The Alledger

Student newspaper of Boston College Law School. Issue includes articles addressing the death of Dean Brian P. Lutch and the opening of the new Law Library.


Sir John Randolph's King's Bench Reports 1715 To 1716, William Hamilton Bryson Jan 1996

Sir John Randolph's King's Bench Reports 1715 To 1716, William Hamilton Bryson

Law Faculty Publications

On October 1, 1712, the governor of Virginia appointed John Randolph king's attorney for Charles City, Henrico, and Prince George counties. The existence of reports shows that he diligently attended the courts, observed the proceedings there astutely, and made careful notes. The surviving manuscript is not likely to be the notes actually made in court. It has a formal title, and the reports are written out in complete sentences with very few abbreviated words.


The Aall And Its Government Relations Program: Part I And Ii, Timothy L. Coggins Jan 1996

The Aall And Its Government Relations Program: Part I And Ii, Timothy L. Coggins

Law Faculty Publications

The Government Relations Policy [hereinafter Policy] of the AALL outlines the objectives of its government relations program. The Policy emphasizes that a primary goal of this Association's program is to ensure timely and equitable access to government and legal information. This Policy represents the views of an association with more than 5,000 members who provide law library services to government officials, the bench, the bar, legal scholars and the public in nearly 1,900 libraries. AALL, its members and its users are affected by a broad span of public policy concerns "ranging from the development of the National ...


El Derecho Como Tema Literario, Fernando De Trazegnies Granda Jan 1996

El Derecho Como Tema Literario, Fernando De Trazegnies Granda

Fernando de Trazegnies Granda

No abstract provided.


Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson Jan 1996

Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson

David B Kopel

Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.


Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson Jan 1996

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.


The Carpenter And The Crocodile, Garrett Power Jan 1996

The Carpenter And The Crocodile, Garrett Power

Faculty Scholarship

Pre-revolutionary Baltimore Town grew rapidly in commerce and population. Its harbor on the Chesapeake Bay served a larger trading area than any other American seaport at the time. In the 17770s two young fortune seekers - Leonard Harbaugh, carpenter and Christopher Hughes, silversmith - arrived in Baltimore from Ireland. This paper explores the role that each played in developing Baltimore's physical, monetary and legal landscape.


The Contracts Notes Of Timothy Merwin: Earliest Evidence Of Instruction At Yale Law School, Peter Stern Jan 1996

The Contracts Notes Of Timothy Merwin: Earliest Evidence Of Instruction At Yale Law School, Peter Stern

Student Legal History Papers

This paper discusses the contracts notes of one of the first students at the Yale Law School. The notes were taken in 1828, making them the earliest known evidence of the method of instruction employed by the law school's founders.