Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

1997

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 151

Full-Text Articles in Legal History

Commencement Of Action, Daniel Coquillette, Robert Bloom Oct 2013

Commencement Of Action, Daniel Coquillette, Robert Bloom

Robert Bloom

No abstract provided.


Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie Dec 1997

Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie

Boston College International and Comparative Law Review

No abstract provided.


The Concept Of Religion, Eduardo M. Peñalver Dec 1997

The Concept Of Religion, Eduardo M. Peñalver

Cornell Law Faculty Publications


The Opinion Volume 38 Number 5 – November 4, 1997, The Opinion Nov 1997

The Opinion Volume 38 Number 5 – November 4, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 04, 1997. Misidentified as Number 3.


From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman Nov 1997

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman

Vanderbilt Law Review

What distinguished premodern from modern American jurisprudence? Whereas most commentators agree that the transition from premodernism to modernism occurred around the Civil War,' recent writings reveal dissension regarding the nature of antebellum and postbellum jurisprudence. In a wonderfully detailed study of Christopher Columbus Langdell, his jurisprudence, and his case method of teaching, William P. LaPiana argues that a defining feature of Langdell's postbellum legal science was a positivism that contrasted with a natural law orientation characteristic of the earlier antebellum jurisprudence. In a provocative critical essay, Robert W. Gordon argues to the contrary: LaPiana's emphasis on natural law ...


Roman Law And The Armenian Draft Civil Code, Alan Watson Nov 1997

Roman Law And The Armenian Draft Civil Code, Alan Watson

Popular Media

Professor Watson served along with other eminent scholars as a consultant to the drafters of the Armenian Code. This article is condensed from his book: Ancient Law and Modern Understanding: At the Edges.


Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders Nov 1997

Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders

Michigan Law Review

Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject ...


The Opinion Volume 38 Number 4 – October 6, 1997, The Opinion Oct 1997

The Opinion Volume 38 Number 4 – October 6, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 06, 1997. Misidentified as Number 3.


Wolf Warriors And Turtle Kings: American Indian Law Before The Blue Coats, Rennard Strickland Oct 1997

Wolf Warriors And Turtle Kings: American Indian Law Before The Blue Coats, Rennard Strickland

Rennard J. Strickland

No abstract provided.


Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist Oct 1997

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.


Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger Oct 1997

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.


The Opinion Volume 38 Number 3 – September 23, 1997, The Opinion Sep 1997

The Opinion Volume 38 Number 3 – September 23, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 23, 1997


The Opinion Volume 38 Number 2 – September 15, 1997, The Opinion Sep 1997

The Opinion Volume 38 Number 2 – September 15, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 15, 1997


The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak Sep 1997

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated ...


Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr. Sep 1997

Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr.

West Virginia Law Review

No abstract provided.


Introduction To Volume 100 Of The West Virginia Law Review, John W. Fisher Ii Sep 1997

Introduction To Volume 100 Of The West Virginia Law Review, John W. Fisher Ii

West Virginia Law Review

No abstract provided.


Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson Sep 1997

Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson

Scholarly Works

To the outsider, a foreign legal system may at times appear irrational, with a belief in the efficacy, usually with supernatural assistance, of curses, oaths and ordeals, and that animals may properly be punished, even restrained from anti-human behaviour, after a criminal trial. But caution must be exercised. There may be little real belief that the deity will intervene-for instance, that the ordeal will reveal guilt or innocence. Rather, the society may be faced with an intolerable problem, with no reasonable solution, and the participants may resort to extraordinary legal measures as a "Last Best Chance", or "The Second Best ...


Jack Rakove's Rendition Of Original Meaning, Raoul Berger Jul 1997

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.


The Origin Of The Appeal In America, Mary Sarah Bilder Jul 1997

The Origin Of The Appeal In America, Mary Sarah Bilder

Boston College Law School Faculty Papers

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture. Professor Bilder's Article draws on recent work in cultural history ...


Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab Jul 1997

Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab

Cornell Law Faculty Publications

In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of ...


Are Housekeepers Like Judges?, Stephen P. Garvey Jul 1997

Are Housekeepers Like Judges?, Stephen P. Garvey

Cornell Law Faculty Publications

Professor Greenawalt proposes that we look at interpretation "from the bottom up." By taking a close look at informal relationships between an authority and his or her agent, and how the agent "faithfully performs" instructions within such relationships, he hopes to gain insight into the problems surrounding the interpretation of legal directives. The analysis of "faithful performance" in informal contexts which Professor Greenawalt presents in From the Bottom Up is the first step in a larger project. His next step is to see what lessons the interpretation of instructions in informal contexts has for law. This Comment tries to contribute ...


Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf Jun 1997

Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster Jun 1997

Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster

Washington and Lee Law Review

No abstract provided.


The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab May 1997

The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability. Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article—which, thanks to its subtitle, we shall call The Cathedral—has had a remarkable influence on our own thinking, as we tried to show in a recent paper.

This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the ...


Cultural Criticism Of Law, Guyora Binder, Robert Weisberg May 1997

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value ...


The Opinion Volume 37 Number 12 – April 30, 1997, The Opinion Apr 1997

The Opinion Volume 37 Number 12 – April 30, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 30, 1997


The Opinion Volume 37 Number 11 – April 16, 1997, The Opinion Apr 1997

The Opinion Volume 37 Number 11 – April 16, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 16, 1997


The Opinion Volume 37 Number 10 – April 2, 1997, The Opinion Apr 1997

The Opinion Volume 37 Number 10 – April 2, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 02, 1997


Piercing Pareto Superiority: Real People And The Obligations Of Legal Theory, Jeffrey L. Harrison Apr 1997

Piercing Pareto Superiority: Real People And The Obligations Of Legal Theory, Jeffrey L. Harrison

UF Law Faculty Publications

This essay has two purposes. The first is to demonstrate that the appearance of mutual assent and Pareto Superiority are weak bases for enforcing agreements. Pareto Superiority, as unassailable as it may seem, is paper-thin and frequently based on illusions and a normatively meaningless assessment of what it means to be better off. The approach here is one of piercing Pareto Superiority in order to examine the human factors that may determine whether an agreement occurs and its distributive consequences. Relative deprivation is the instrument used. The second purpose is to suggest that it is the obligation of legal theory ...


Canadian State Trials, Vol. 1, Michael Boudreau Apr 1997

Canadian State Trials, Vol. 1, Michael Boudreau

Dalhousie Law Journal

In a letter to Deputy Judge Advocate Charles Gould, dated 10 April 1762, General Thomas Gage, Commander-in-Chief of British forces in North America, wrote with regard to the proceedings of the general courts martial in Montreal that "it is a Maxim held by all Civilians That no government can subsist without Law." Over half a century later in Bay Roberts, Newfoundland, William Elenes filed an affidavit with the Harbour Grace Sessions Court alleging that a group of men stole some potatoes from his house. "Late in March of [ 1817]," the statement read, "John McGrath with a gun and two men ...