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Legal History Commons

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1999

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Articles 1 - 30 of 146

Full-Text Articles in Legal History

Recovering The Original Fourth Amendment, Thomas Y. Davies Dec 1999

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given the ...


Interview With E. Norman Veasey, Andrew Edelstein, E. Norman Veasey, Legal Oral History Project, University Of Pennsylvania Law School Nov 1999

Interview With E. Norman Veasey, Andrew Edelstein, E. Norman Veasey, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

E. Norman Veasey (L '57) practiced at the firm of Richards, Layton & Finger from 1958 to 1992. In 1992 he was appointed Chief Justice of the Supreme Court of Delaware, where he served until 2004.


Interview With David Rudovsky, Lisa H. Hernandez, David Rudovsky, Legal Oral History Project, University Of Pennsylvania Law School Nov 1999

Interview With David Rudovsky, Lisa H. Hernandez, David Rudovsky, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For video index, click the Download button above

David Rudovsky, one of the nation’s leading civil rights and criminal defense attorneys, practices public interest law with the firm of Kairys, Rudovsky, Messing & Feinberg. He became a Senior Fellow at Penn Law in 1988 and teaches courses in Criminal Law, Constitutional Criminal Procedure and Evidence.

https://youtu.be/yDrCF2tRMoE


Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Law School Oct 1999

Interview With Gilbert F. Casellas, Lake Srinivasan, Gilbert F. Casellas, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Gilbert F. Casellas (L '77) is a lawyer and businessman. He is Chairman of OMNITRU, a Washington, D.C. area investment and consulting firm, a director of Prudential Financial, trustee of the University of Pennsylvania, and advisor to Toyota Motor North America and Comcast Corporation. He is a member of the Council on Foreign Relations and the American Law Institute. From 1994 to 1998 he served as chair of the Equal Employment Opportunity Commission.


Interview With Regina Austin, Randy Lee, Regina Austin, Legal Oral History Project, University Of Pennsylvania Law School Oct 1999

Interview With Regina Austin, Randy Lee, Regina Austin, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Regina Austin (L '73), William A. Schnader Professor of Law at the University of Pennsylvania, pursues her interest in the overlapping burdens of race, gender, and class oppression in traditional legal scholarship, as well as in her work on documentary films. She is the director of the Penn Program on Documentaries & the Law, which holds an annual Visual Legal Advocacy Roundtable for public interest lawyers, hosts screenings of law-genre documentary films throughout the year, and maintains a national repository of dozens of clemency videos as a ...


A Study Of The Housing Patterns Of Yale Law School Students, Masato Hayakawa Oct 1999

A Study Of The Housing Patterns Of Yale Law School Students, Masato Hayakawa

Student Legal History Papers

In 1948, only about one-tenth of the law students lived in what we now term the law student ghetto. By 1997, more law students lived in this neighborhood than in any other - students in this neighborhood outnumbered students living in other off-campus neighborhoods by a margin of two-to-one, and they made up a simple majority of the enrollment.

This paper examines the formation of this concentration. The evidence shows that the law student ghetto did no always exist in its current form, but rather that it is a product of housing developments of the last thirty years. This paper traces ...


Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles Oct 1999

Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles

Cornell Law Faculty Publications

This article draws upon one year of ethnographic research at United Nations conferences to challenge some common academic assumptions about what it means to "do" international law. The article compares the work of academic international lawyers - founded in making models of an international system - to the work of practitioners - exemplified by the work of making documents, and demonstrates the particular, peculiar nature of each kind of knowledge, from the point of view of the observer. This leads to a set of conclusions concerning how an academic study of international law influenced by an appreciation of the particularity of its own ...


Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster Oct 1999

Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.


Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson Oct 1999

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do ...


How The Cheyenne Indians Wrote Article 2 Of The Uniform Commercial Code, David Ray Papke Oct 1999

How The Cheyenne Indians Wrote Article 2 Of The Uniform Commercial Code, David Ray Papke

Buffalo Law Review

No abstract provided.


Public Values And Professional Responsibility, W. Bradley Wendel Oct 1999

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Notable Notes: A Collection Of Law Student Notebooks, Karen S. Beck, Ann Mcdonald Sep 1999

Notable Notes: A Collection Of Law Student Notebooks, Karen S. Beck, Ann Mcdonald

Rare Book Room Exhibition Programs

Exhibition program from a Fall 1999 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibition featured notebooks produced by American and British law students in the 18th, 19th, and 20th centuries.


Remarks At Women's Conference Luncheon, Marjorie Creola Mix Sep 1999

Remarks At Women's Conference Luncheon, Marjorie Creola Mix

Buffalo Women's Law Journal

No abstract provided.


Believing Like A Lawyer, Steven D. Smith Sep 1999

Believing Like A Lawyer, Steven D. Smith

Boston College Law Review

No abstract provided.


Remembering Hon. M. Dolores Denman (1931-2000), Ub Law Forum Sep 1999

Remembering Hon. M. Dolores Denman (1931-2000), Ub Law Forum

Buffalo Women's Law Journal

No abstract provided.


Interview With Judge Arlin M. Adams, Sarah Barringer Gordon, Arlin M. Adams, Legal Oral History Project, University Of Pennsylvania Law School Jul 1999

Interview With Judge Arlin M. Adams, Sarah Barringer Gordon, Arlin M. Adams, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Arlin M. Adams (L '47) served as a justice of the United States Court of Appeals for the Third Circuit from 1969 until his retirement in 1987, when he returned to private practice. He was later involved in a number of significant legal cases. He died in 2015.


Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer Jul 1999

Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman Jul 1999

The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret Jul 1999

Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret

University of Michigan Journal of Law Reform

Courts are struggling with how to develop legal doctrine in challenges to the new managed care environment. In this Article, we examine how courts have responded in the past to new industries or radical transformations of existing industries. We analyze two historical antecedents, the emergence of railroads in the nineteenth century and mass production in the twentieth century, to explore how courts might react to the current transformation of the health care industry.

In doing so, we offer a model of how courts confront issues of developing legal doctrine, especially regarding liability, associated with nascent or dramatically transformed industries. Our ...


Unpublished Opinions: A Comment, Richard S. Arnold Jul 1999

Unpublished Opinions: A Comment, Richard S. Arnold

The Journal of Appellate Practice and Process

The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.


Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby Jul 1999

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.


When Does The Curiae Need An Amicus?, Luther T. Munford Jul 1999

When Does The Curiae Need An Amicus?, Luther T. Munford

The Journal of Appellate Practice and Process

An argument is made for freely granting leave of amicus motions.


Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison Jul 1999

Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison

The Journal of Appellate Practice and Process

This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.


A Note On Trend-Spotting In The Case Law, Keith N. Hylton Jul 1999

A Note On Trend-Spotting In The Case Law, Keith N. Hylton

Boston College Law Review

No abstract provided.


Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler Jun 1999

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


The Strange History Of "All Men Are Created Equal", Pauline Maier Jun 1999

The Strange History Of "All Men Are Created Equal", Pauline Maier

Washington and Lee Law Review

No abstract provided.


The American Founders' Responsibility, Ralph Lerner Jun 1999

The American Founders' Responsibility, Ralph Lerner

Washington and Lee Law Review

No abstract provided.


The Principles Of The Rule Of Law, Robert S. Summers Jun 1999

The Principles Of The Rule Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.


Create Your Own Constitutional Theory, Michael C. Dorf May 1999

Create Your Own Constitutional Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Law School Apr 1999

Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Dolores Sloviter (L '56) is a Senior Judge of the United States Court of Appeals for the Third Circuit. She is the first woman appointed to that court and the only woman to have served as its Chief Judge.