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Legal History Commons

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1998

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Articles 1 - 30 of 151

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.


"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.


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.


An Original Model Of The Independent Counsel Statute, Ken Gormley Dec 1998

An Original Model Of The Independent Counsel Statute, Ken Gormley

Michigan Law Review

On Friday, October 19, 1973, President Richard M. Nixon took a risky step to de-fang the Watergate investigation that had become a "viper in the bosom" of his Presidency. The U.S. Court of Appeals had just directed him to tum over tape-recordings subpoenaed by Watergate Special Prosecutor Archibald Cox; these taperecordings might prove or disprove White House involvement in the Watergate cover-up. Rather than challenge this ruling, the President conceived a new plan. The White House would prepare summaries of the nine tape-recordings in question, which would be verified by Senator John Stennis, a seventy-two-year-old Democrat from Mississippi, working ...


The Opinion Volume 50 Issue 10 – November 17, 1998, The Opinion Nov 1998

The Opinion Volume 50 Issue 10 – November 17, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 17, 1998


The Opinion Volume 50 Issue 9 – November 9, 1998, The Opinion Nov 1998

The Opinion Volume 50 Issue 9 – November 9, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 09, 1998


The Opinion Volume 50 Issue 8 – November 2, 1998, The Opinion Nov 1998

The Opinion Volume 50 Issue 8 – November 2, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 02, 1998


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 ...


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.


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.


The Opinion Volume 50 Issue 7 – October 26, 1998, The Opinion Oct 1998

The Opinion Volume 50 Issue 7 – October 26, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1998


The Opinion Volume 50 Issue 6 – October 12, 1998, The Opinion Oct 1998

The Opinion Volume 50 Issue 6 – October 12, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1998


The Opinion Volume 50 Issue 5 – October 5, 1998, The Opinion Oct 1998

The Opinion Volume 50 Issue 5 – October 5, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 05, 1998


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.


Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English Oct 1998

Collective Violence In Ferryland District, Newfoundland, 1788, Christopher English

Dalhousie Law Journal

In September 1788 a court found 114 men guilty of riotous assembly in the district of Ferryland the previous winter. This event is remarkable for the number involved (45% of the adult male population of the district); for the number of charges (21% of all civil and criminal actions heard in the district's courts over the next 25 years); for the absence of damage to property; and for the severity of the sentences, which included loss of wages, flogging, transportation and banishment. These proceedings occurred in a community where *the majority (Irish planters, fishermen and apprentices) were socially distinct ...


The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke Oct 1998

The Course Of Law Cannot Be Stopped': The Aftermath Of The Cumberland Rebellion In The Civil Courts Of Nova Scotia, Jim Phillips, Ernest A. Clarke

Dalhousie Law Journal

This article examines a series of cases launched in the Nova Scotia courts following the Cumberland Rebellion of 1776. In these cases loyalists sued former rebels, including those granted amnesty by the authorities, for losses sustained during the rebellion. The article traces the history of the cases and places them in the context of post-rebellion government policy. It argues that such proceedings were without precedent and effectively took the place of official schemes of expropriation of rebel land and compensation to loyalists. It also suggests that the use of civil courts in this way prolonged and exacerbated the social and ...


Acquiring The Law: The Private Law Library Of William Young, Halifax, Nova Scotia, 1835, William Laurence Oct 1998

Acquiring The Law: The Private Law Library Of William Young, Halifax, Nova Scotia, 1835, William Laurence

Dalhousie Law Journal

In 1835, Halifax lawyer William Young, who would later become premier and chief justice of Nova Scotia, as well as a founder of Dalhousie Law School, compiled a catalogue of his personal law library. In the catalogue, Young identifiedthe short title, the price, and if applicable, the number of copies or volumes, for each item in his collection. Through an examination of Young's catalogue, as well as contemporary correspondence, journals, and business records, and, where identifiable, Young's former texts, this study discusses the nature, sources, and to a certain extent, the actual use of Young's law library ...


The Opinion Volume 50 Issue 4 – September 28, 1998, The Opinion Sep 1998

The Opinion Volume 50 Issue 4 – September 28, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 28, 1998


The Opinion Volume 50 Issue 3 – September 21, 1998, The Opinion Sep 1998

The Opinion Volume 50 Issue 3 – September 21, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 21, 1998


The Opinion Volume 39 Number 2 – September 15, 1998, The Opinion Sep 1998

The Opinion Volume 39 Number 2 – September 15, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 15, 1998


The Opinion Volume 39 Number 1 – September 8, 1998, The Opinion Sep 1998

The Opinion Volume 39 Number 1 – September 8, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 08, 1998


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.


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.


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.


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.


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.


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.


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 ...


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 ...


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 ...