Legal History Commons^™

Commencement Of Action, Daniel Coquillette, Robert Bloom

Robert Bloom

No abstract provided.

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 in …

An Informal History Of How Law Schools Evaluate Students, With A Predictable Emphasis On Law School Exams, Steve Sheppard

Steve Sheppard

This story of the evolution of legal evaluations from the seventeenth century to the close of the twentieth depicts English influences on American law student evaluations, which have waned in the twentieth century with the advent of course-end examinations. Seventeenth- and eighteenth-century English examinations given to conclude a legal degree were relatively ceremonial exercises in which performance was often based on the demonstration of rote memory. As examination processes evolved, American law schools adopted essay evaluations from their English counterparts. Examinees in the nineteenth century were given a narrative, requiring the recognition of particularly appropriate legal doctrines, enunciation of the …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Constituição, Soberania E Ditadura Em Carl Schmitt, Ronaldo Porto Macedo Junior

Ronaldo Porto Macedo Junior

On the basis of a reconstruction of Schmitt's decisionism and of the analysis of its effects on key terms of his conception like democracy, sovereignty and dictatorship, Schmitt'sthought is examined regarding his theoretical and practical positions on the constitutional issues of Weimar's Germany and of National-socialism. Special attention is given to how for him the unity and the hierarchy of the political powers and of the lae demand a strong State and a centralized command instead of a pluralistic balance.

History Of The Court Reporter In The Appellate Courts Of Pennsylvania, Joel Fishman

Joel Fishman

Court reporters collect and publish the opinions of courts. In Pennsylvania, there have been court reporters in the appellate courts since the first set of court reports published in the eighteeth century down to the third quarter of the twentieth century. This article reviews the legislation and controversies surrounding the court reporters.

Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …

Moore's Federal Practice, Daniel Coquillette, Gregory Joseph, Sol Schreiber, Jerold Solovy, Georgene Vairo

Daniel R. Coquillette

No abstract provided.

Special Studies Of Federal Rules Governing Attorney Conduct, Daniel Coquillette, Marie Leary

Daniel R. Coquillette

No abstract provided.

Scope And Purposes Of Rules, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.

Incipit Lex Mercatoria, Que, Quando, Ubi, Inter Quos Et De Quibus Sit: El Tratado De Lex Mercatoria En El Little Red Book De Bristol, Daniel Coquillette

Daniel R. Coquillette

No abstract provided.

From Rights To Regulation In Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.