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Legal History Commons

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Articles 1 - 10 of 10

Full-Text Articles in Legal History

Taxation In The Bible During The Period Of The First And Second Temples, 7 J. Int'l L. & Prac. 225 (1998), Ronald Z. Domsky Jan 1998

Taxation In The Bible During The Period Of The First And Second Temples, 7 J. Int'l L. & Prac. 225 (1998), Ronald Z. Domsky

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan Jan 1998

The Hubris Of The Master Chefs Of Diversity Stew, Michael K. Jordan

Faculty Scholarship

This article discusses the dangers of pursuing diversity, be it in the workplace, in a student body, or in a society, in a manner that puts a high level of control in the hands of a few experts using a specifc "recipe". These masters of diversity may pose serious threats to some basic principles that most Americans hold to be essential componenets of what it means to be free, self-determining individuals.


Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan Jan 1998

Reverse-Cost-Shifting: A New Proposal For Allocating Legal Expenses, 32 J. Marshall L. Rev. 35 (1998), Ephraim Fischbach, William Mclauchlan

UIC Law Review

No abstract provided.


How To Tell Law Stories, Michael Grossberg Jan 1998

How To Tell Law Stories, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Continuing Classroom Conversation Beyond The Four Whys, Jeffrey W. Stempel, Bailey Kuklin Jan 1998

Continuing Classroom Conversation Beyond The Four Whys, Jeffrey W. Stempel, Bailey Kuklin

Scholarly Works

LAW school classes regularly prove Santayana's aphorism. Although nearly every law teacher desires to keep discussion focused and forward-moving, there are more than a few moments of thundering silence experienced in the classroom. Most of us adjust to this inevitability by positing some pedagogical virtue to still air and contenting ourselves with the knowledge that conversation-stopping “whys?” are usually delivered by us as teachers rather than the students. Perhaps we are underappreciative of the value discomfitting silence has, but we generally prefer that the conversation continue, that we miss the opportunity to feel simultaneously smug and uncomfortable, and that students …


Hart's Methodological Positivism, Stephen R. Perry Jan 1998

Hart's Methodological Positivism, Stephen R. Perry

All Faculty Scholarship

No abstract provided.


Posner's Economic Approach To Comparative Law, William Ewald Jan 1998

Posner's Economic Approach To Comparative Law, William Ewald

All Faculty Scholarship

No abstract provided.


Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau Jan 1998

Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau

Michigan Journal of Race and Law

The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase "Whiteness" from their King. The author exposes the irony of this system, developed in a society obsessed with "natural" ordering that labeled individuals according to their precise racial ancestry. While recognizing that the Gracias al Sacar provided opportunities for advancement and an avenue for material and social struggle, the author argues that it also justified the persistence of racial hierarchy. The Article concludes that the Gracias al Sacar, along with their present-day …


Three Positivisms, Robin West Jan 1998

Three Positivisms, Robin West

Georgetown Law Faculty Publications and Other Works

In this article, I accept and hope to expand upon the conventional consensus view that The Path of the Law is a brief for an Americanized version of Austinian legal positivism and for the "separation" of law and morality that is at its core. I also want to show, however, that the distinctive accomplishment of this Essay is its literary ambiguity: Both its explicit arguments for the positivist separation of law and morality, and the three enduring metaphors Holmes uses to make the case -- (1) the "bad man" from whose perspective we can clearly view the law; (2) the …


Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha Dec 1997

Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

La prima conseguenza della nostra cultura giuridica dell'audizione che è anche cultura dell'oralità, del discorso e della scrittura (di tutto ciò che serve per parlare e fissare quello che può essere detto) è la volontaria atrofia degli altri sensi: il tatto, il gusto, l'olfatto e la vista. Il Diritto quasi non tocca le cose. Le concepisce mentalmente, le dice, però, anche se con i guanti deve toccare il corpo del delitto.