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1997

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Articles 1 - 30 of 127

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


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 ...


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 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 ...


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 ...


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.


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.


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 ...


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.


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.


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.


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 ...


Slavery And The Arkansas Supreme Court, L. Scott Stafford Apr 1997

Slavery And The Arkansas Supreme Court, L. Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.


Civil Society And The American Foundings, Jack P. Greene Apr 1997

Civil Society And The American Foundings, Jack P. Greene

Indiana Law Journal

No abstract provided.


A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg Apr 1997

A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg

Indiana Law Journal

Symposium: Law and Civil Society


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 ...


The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad Apr 1997

The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad

Indiana Law Journal

Symposium: Law and Civil Society


The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer Apr 1997

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society


On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson Apr 1997

On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson

Indiana Law Journal

Symposium: Law and Civil Society


An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker Apr 1997

An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker

Indiana Law Journal

Symposium: Law and Civil Society


Civil Society, Metaphysics, And Tolerance, David C. Williams Apr 1997

Civil Society, Metaphysics, And Tolerance, David C. Williams

Indiana Law Journal

Symposium: Law and Civil Society


Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman Apr 1997

Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman

Indiana Law Journal

Symposium: Law and Civil Society


The Student View Of Yale Law School 1883-1912: The Shingle, Maureen J. Arrigo Mar 1997

The Student View Of Yale Law School 1883-1912: The Shingle, Maureen J. Arrigo

Student Legal History Papers

During one twenty-year period, the graduating students of Yale Law School published books in which their views of the school (and to a small extent the faculty's views as well) were captured. This series of books - The Yale Shingle - was published from 1893 to 1912.

My goal in writing this paper is profile student life at Yale as reports in the Shingle. Its life spanned an important time in the school's history - a time of significant change.