Legal History Commons^™

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

Buffalo Law Review

No abstract provided.

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 any regular …

The Opinion Volume 38 Number 13 – March 30, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 30, 1998. Includes SBA election insert.

The Opinion Volume 38 Number 12 – March 23, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 23, 1998. Misidentified as Volume 28 Number 11.

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 that he would have …

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).

The Opinion Volume 38 Number 11 – March 16, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 16, 1998. Misidentified as Volume 38 Number 10.

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 …

The Opinion Volume 38 Number 10 – March 2, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 02, 1998

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

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 38 Number 9 – February 23, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 23, 1998

The Opinion Volume 38 Number 8 – February 16, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 16, 1998

The Opinion Volume 38 Number 7 – February 9, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 09, 1998

The Opinion Volume 38 Number 6 – February 2, 1998, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 02, 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 …

The Strawhorsemen Of The Apocalypse: Relativism And The Historian As Expert Witness, Reuel E. Schiller

Faculty Scholarship

No abstract provided.

Foreword: The One-Hundredth Anniversary Of The Charter Of The City Of New York (Symposium: One-Hundredth Anniversary Of The Charter Of The City Of New York: Past, Present, And Future, 1898–1998), Ross Sandler

Articles & Chapters

No abstract provided.

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …

Incommensurable Choices And The Problem Of Moral Ignorance, Leo Katz

All Faculty Scholarship

No abstract provided.

"Lit. Theory" Put To The Test: A Comparative Literary Analysis Of American Judicial Tests And French Judicial Discourse, Mitchel De S.-O.-L'E. Lasser

Cornell Law Faculty Publications

The formalism/policy dichotomy has structured American jurisprudential analyses of judicial decisionmaking for most of the twentieth century. In this Article, Professor Lasser analyzes and compares American multi-part judicial tests and French civil judicial discourse to demonstrate that the dichotomy reflects and informs the ways in which judicial decisions are written. Drawing on the works of Roman Jakobson, Roland Barthes, and Paul de Man, he constructs a literary methodology to analyze American and French judicial discourse. Professor Lasser contends that the formalism/policy dichotomy is part of a larger process by which the American and French judicial systems justify how they produce …

The Evolution Of Chutzpah As A Legal Term: The Chutzpah Championship, Chutzpah Award, Chutzpah Doctrine, And Now, The Supreme Court, Jack Achiezer Guggenheim

Kentucky Law Journal

No abstract provided.

Justice James D. Heiple: Impeachment And The Assault On Judicial Independence, Jerome B. Meites, Steven F. Pflaum

Loyola University Chicago Law Journal

In 1997, the Illinois House of Representatives conducted its first impeachment investigation of an Illinois Supreme Court justice in 145 years. In this Article, the authors discuss the appropriate standards for impeachment under the Illinois constitution and the need to ensure that the independence of the judiciary is not harmed by politically motivated impeachment proceedings. The authors also examine how the Special House Investigating Committee ("House Committee") applied those standards to its investigation of Illinois Supreme Court Justice James D. Heiple. Finally, they propose reforms to the judicial disciplinary provisions of the Illinois constitution as a result of the Heiple …

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 serve a moral …

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.

The Digests Of Pennsylvania, Joel Fishman

Joel Fishman

Pennsylvania has one of the largest collections of case law for which digests serve as an important research tool.

Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah

LLM Theses

This work traces the historical development of the concept of copyright in literary works from the earliest forms of communication by human beings until the present day. By assessing the impact of implementing the recent international copyright agreements on literary works in Ghana, a developing country, and in Canada, a developed country, the work establishes that generally, the economies of developed countries are more suitable than those of developing countries to support a strengthened copyright regime. This is more so because the former have shorter transition periods in which to comply with the international copyright framework. The work also asserts …

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.

Tribute, Jeffrey L. Salinger

Tributes

I remember sitting in the law auditorium late in our first semester of law school. Listening to a handful of professors, we heard about the electives offered for second semester. I am not sure how I felt prior to entering the auditorium that day. I do remember how I felt afterwards -- I was going to get into Professor Clark’s class. From what I’ve heard, her legal history seminar was by far the most highly coveted of the first-year electives. That’s no surprise, though -- you could almost feel her excitement as she spoke about the course. On hearing that …

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

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Newest Property: Reproductive Technologies And The Concept Of Parenthood, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.