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Legal History Commons

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1998

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Articles 1 - 30 of 119

Full-Text Articles in Legal History

Redeeming Whiteness In The Shadow Of Internment: Earl Warren, Brown, And A Theory Of Racial Redemption, Sumi K. Cho Dec 1998

Redeeming Whiteness In The Shadow Of Internment: Earl Warren, Brown, And A Theory Of Racial Redemption, Sumi K. Cho

Boston College Third World Law Journal

No abstract provided.


Latin In Legal Writing: An Inquiry Into The Use Of Latin In The Modern Legal World, Peter R. Macleod Dec 1998

Latin In Legal Writing: An Inquiry Into The Use Of Latin In The Modern Legal World, Peter R. Macleod

Boston College Law Review

No abstract provided.


"Understanding,Authority, And Will": Sir Edward Coke And The Elizabethan Origins Of Judicial Review, Allen Dillard Boyer Dec 1998

"Understanding,Authority, And Will": Sir Edward Coke And The Elizabethan Origins Of Judicial Review, Allen Dillard Boyer

Boston College Law Review

No abstract provided.


The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf Nov 1998

The Supreme Court 1997 Term -- Foreword: The Limits Of Socratic Deliberation, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider Nov 1998

Feminist Legal Theory, Feminist Lawmaking, And The Legal Profession, Cynthia Grant Bowman, Elizabeth M. Schneider

Cornell Law Faculty Publications

No abstract provided.


Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss Nov 1998

Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory C. Sisk, Michael Heise, Andrew P. Morriss

Cornell Law Faculty Publications

In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal Sentencing Guidelines. Never before has a question of such importance and involving such significant issues of constitutional law mandated the immediate and simultaneous attention of such a large segment of the federal trial bench. Accordingly, this event provides an archetypal model for exploring the influence of social background, ideology, judicial role and institution, and other factors on judicial decisionmaking. Based upon a unique set of written decisions involving an identical ...


The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker Oct 1998

The Sixties Shift To Formal Equality And The Courts: An Argument For Pragmatism And Politics, Mary Becker

William & Mary Law Review

No abstract provided.


Ahead Of Her Time: Helen Z.M. Rodgers And Cecil B. Weiner, Katharine W. Bowen Sep 1998

Ahead Of Her Time: Helen Z.M. Rodgers And Cecil B. Weiner, Katharine W. Bowen

Buffalo Women's Law Journal

No abstract provided.


100 Years Of Women At Ub Law: A Brief History, Lisabeth Gai Sep 1998

100 Years Of Women At Ub Law: A Brief History, Lisabeth Gai

Buffalo Women's Law Journal

No abstract provided.


Infinity Within The Brackets, Annelise Riles Aug 1998

Infinity Within The Brackets, Annelise Riles

Cornell Law Faculty Publications

The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.


Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford Jul 1998

Judicial Coup D'État: Mandamus, Quo Warranto And The Original Jurisdiction Of The Supreme Court Of Arkansas, Logan Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.


A Brief History Of Legal Education In Arkansas, Robert R. Wright Iii Jul 1998

A Brief History Of Legal Education In Arkansas, Robert R. Wright Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Reforming The Bar: Women And The Arkansas Legal Profession, Frances Mitchell Ross Jul 1998

Reforming The Bar: Women And The Arkansas Legal Profession, Frances Mitchell Ross

University of Arkansas at Little Rock Law Review

No abstract provided.


The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater Jun 1998

The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles ...


How Serious Is The Threat Of Impeachment? And To Whom?, Harold Baer Jr. May 1998

How Serious Is The Threat Of Impeachment? And To Whom?, Harold Baer Jr.

Michigan Law Review

While a slender volume, The Federal Impeachment Process offers the reader a variety of different insights on this topic, beginning with the debates at the Constitutional Convention and running to the modem-day practice of impeachment trials by committee rather than by the full senate. Impeachment is valuable reading, not just for those of us interested in American history, or those of us who are public officers of the United States, but for every American who wants to understand his or her morning newspaper better. Not only does it lift the veil of darkness surrounding the impeachment process, it provides a ...


Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel May 1998

Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel

Michigan Law Review

Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is ...


The Structure Of Blackstone's Commentaries, Alan Watson Apr 1998

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided ...


The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram Apr 1998

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious ...


A Tribute To Louis Leventhal Jaffe: 1905-1996, Jack Hyman Apr 1998

A Tribute To Louis Leventhal Jaffe: 1905-1996, Jack Hyman

Buffalo Law Review

No abstract provided.


Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson Mar 1998

Twain's Admiration Of Jews Conflicted His Article Of 100 Years Ago Seems Less Flattering Today, Kenneth Lasson

All Faculty Scholarship

It's been exactly a hundred years since Mark Twain first revealed himself as an unmitigated admirer of Jewish people. "A marvelous race, by long odds the most marvelous that the world has produced, I suppose." he wrote in "Concerning the Jews," published in March of 1898 by Harper's magazine.

How different after all was Twain from H.L. Mencken, who (after the posthumous publication of his diaries) was attacked as an anti-Semite? As literary critic Joseph Epstein has pointed out, Mencken talked about Jews the way they talked about themselves: "But H.L. Mencken was no anti-Semite. For ...


Eulogy For Jerome W. Van Gorkom, James J. O'Connor Mar 1998

Eulogy For Jerome W. Van Gorkom, James J. O'Connor

Speeches

The eulogy for Jerome Van Gorkom given by his friend James O'Connor, former CEO of Exelon and a lawyer.

Jerome W. Van Gorkom was, among other things, the U.S. Under Secretary of State for Management from 1982-1983 and the Chief Executive Officer of TransUnion from 1962-1980. He also was a defendant in one of the best known cases on the fiduciary duty of care in the corporate context; the case cite is Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985).


Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor Mar 1998

Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor

Rare Book Room Exhibition Programs

Exhibition program from a Spring 1998 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from Morris L. Cohen's collection of law books for children.


Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson Mar 1998

Passage Of Religious Freedom Act Necessary To Fulfill Maryland's National Leadership Role, Kenneth Lasson

All Faculty Scholarship

Three hundred sixty-four years ago this month, two tiny sailing ships arrived near what is now St. Mary's City with the first settlers in Maryland. The Ark and the Dove were sent to the New World by Cecil Calvert. Lord Baltimore had founded his small colony as a haven for those persecuted in England because of their religious beliefs.

On numerous occasions since then - from passage of the Act of Toleration in 1649 to the achievement of full civil liberties for Jews in 1825 to landmark Supreme Court decisions involving the state in the 1960s - Maryland has been a ...


Remembering The Fourth Circuit Judges: A History From 1941 To 1998 Mar 1998

Remembering The Fourth Circuit Judges: A History From 1941 To 1998

Washington and Lee Law Review

No abstract provided.


Historical Overview Of The Death Penalty, Randall Coyne Feb 1998

Historical Overview Of The Death Penalty, Randall Coyne

Randall Coyne

No abstract provided.


Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson Jan 1998

Denial On The Campuses Demonstrably False Ideas Should Not Necessarily Be Protected By Bill Of Rights, Kenneth Lasson

All Faculty Scholarship

At Hopkins and elsewhere, the issue of granting historical revisionists equal access to curricula and classrooms is difficult enough, but it is complicated acutely when student editors become entangled in the black and nefarious thickets of Holocaust denial masquerading as "scholarship." The Johns Hopkins News-Letter is only the most recent university paper to succumb to the blandishments of a group calling itself the "Committee for Open Debate on the Holocaust," which promulgates claims that a plan to systematically rid Germany or Europe of Jews never existed, that no gas chambers ever operated and that the number of Jewish victims has ...


Essays On Legal Education In Nineteenth Century Virginia, William Hamilton Bryson Jan 1998

Essays On Legal Education In Nineteenth Century Virginia, William Hamilton Bryson

Law Faculty Publications

The following essays are reprinted from unique exemplars with permission: J. T. Lomax, Circular (1831), and B .. ·G. Baldwin, Introductory Lecture (1831), in the Alderman Library of the University of Virginia; L. P. Thompson, Introductory Lecture (1839), in the Library of Virginia; and J. W. Brockenbrough, Introductory Lecture (1858), in the Library at Washington and Lee University. The letters, which are printed here for the first time, were kindly supplied by E. Lee Shepard. They are published here with the kind permissions of the Library of Virginia, the University of Virginia Library, and the Virginia Historical Society. The portraits that ...


Uptown Act: A History Of The Uniform Commercial Code: 1940-49, 51 Smu. L. Rev. 275 (1998), Allen R. Kamp Jan 1998

Uptown Act: A History Of The Uniform Commercial Code: 1940-49, 51 Smu. L. Rev. 275 (1998), Allen R. Kamp

Faculty Scholarship

No abstract provided.


Freedom To And Freedom From: A Response To Garvey And Armacost With A Tinge Of Legal Perfectionism, Steve Sheppard Jan 1998

Freedom To And Freedom From: A Response To Garvey And Armacost With A Tinge Of Legal Perfectionism, Steve Sheppard

Steve Sheppard

In his article Control Freaks, 47 Drake L. Rev. 1 (1998), Professor John Garvey offers a controversial explanation of how freedom works and why it is good, which is something the traditional American narrative of freedom assumes without attempting a further justification. Professor Garvey’s theory of freedom depends on freedom’s instrumental quality. Freedom is the mechanism that protects a citizen’s abilities to lead a good life and to act for moral purposes. Professor Garvey asserts that lawmakers must first evaluate the morality of an act before they decide whether it deserves protection. When an act does not ...


El Régimen Jurídico De Los Guardacosta Novohispanos En La Segunda Mitad Del Siglo Xviii: La Obra Del Virrey Juan Vicente De Güemes Pacheco De Padilla Y Horcasitas, Segundo Conde De Revillagigedo, Óscar Cruz Jan 1998

El Régimen Jurídico De Los Guardacosta Novohispanos En La Segunda Mitad Del Siglo Xviii: La Obra Del Virrey Juan Vicente De Güemes Pacheco De Padilla Y Horcasitas, Segundo Conde De Revillagigedo, Óscar Cruz

Óscar Cruz Barney

No abstract provided.