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Legal History Commons

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Articles 1 - 12 of 12

Full-Text Articles in Legal History

The Arkansas Supreme Court And The Civil War, L. Scott Stafford Jan 1999

The Arkansas Supreme Court And The Civil War, L. Scott Stafford

Faculty Scholarship

No abstract provided.


Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson Jan 1999

Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek Jan 1999

Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.


Imperatives, Normativity, And The Law, Gregory Silverman Jan 1999

Imperatives, Normativity, And The Law, Gregory Silverman

Faculty Scholarship

In this article Professor Silverman sets out to resolve the problem of legal normativity. Professor Silverman argues that legal scholars have been prevented from transcending the limited conception of law engendered by a key dogma of nineteenth century jurisprudence: the dogma that laws are a species of commands, orders, or imperatives. As a result, even as we enter the twenty-first century, legal scholars have yet to articulate a legal architectonic that properly situates the normative commitments of a society within a post-modern legal system. An adequate theory of law must offer an account of the normativity of law: an account ...


Porcupine Diplomacy Produces Summit (Ave.) Accord, Douglas R. Heidenreich Jan 1999

Porcupine Diplomacy Produces Summit (Ave.) Accord, Douglas R. Heidenreich

Faculty Scholarship

While William Mitchell College of Law was officially formed in 1956 through the merger of two local evening law schools, there had been discussion of a merger for years before 1956. Even after the merger, the two parts of the new institution continued to operate mostly separately. The acquisition of a building at 2100 Summit Avenue, in St. Paul, in 1958 finally allowed the two schools to become one and to enter the modern era of legal education.


Discontinuous Tradition Of Sentencing Discretion: Koon's Failure To Recognize The Reshaping Of Judicial Discretion Under The Guidelines, The, Ian Weinstein Jan 1999

Discontinuous Tradition Of Sentencing Discretion: Koon's Failure To Recognize The Reshaping Of Judicial Discretion Under The Guidelines, The, Ian Weinstein

Faculty Scholarship

Can a judge exercise discretion and follow the law? Some think it impossible, seeing discretion as the opposite of law. Others have harmonized the two ideas, viewing discretion as the exercise of judgment according to and within the bounds of the law. Those who decry judicial discretion urge legislatures to enact more specific laws and leave less room for the vice of inconsistent results. Those who defend discretion would channel it to achieve the virtue of individualized justice. The tension between individualization and uniformity in the law is often unnecessarily heightened by an inadequate analysis of judicial discretion. The exercise ...


Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin Jan 1999

Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc Arkin

Faculty Scholarship

On August 20, 1789, Massachusetts Federalist Fisher Ames rose to address the House of Representatives in one of his rare contributions to the debate on the Bill of Rights. 1 The day before, sitting as a Committee of the Whole, the House had concluded its brief discussion of the proposed religion amendment to the federal Constitution by agreeing to New Hampshire Representative Samuel Livermore's formula that "Congress shall make no laws touching religion, or infringing the rights of conscience." 2 Now, on the 20th, before the House could formally adopt Livermore's language, Representative Ames proposed a different wording ...


Rationing Justice—What Thomas More Would Say, Michael E. Tigar Jan 1999

Rationing Justice—What Thomas More Would Say, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little Jan 1999

The Federal Death Penalty: History And Some Thoughts About The Department Of Justice's Role, Rory K. Little

Faculty Scholarship

No abstract provided.


The Boundaries Of Private Property, Michael A. Heller Jan 1999

The Boundaries Of Private Property, Michael A. Heller

Faculty Scholarship

If your house and fields are worth more separately, divide them; if you want to leave a ring to your child now and grandchild later, split the ownership in a trust. The American law of property encourages owners to subdivide resources freely. Hidden within the law, however, is a boundary principle that limits the right to subdivide private property into wasteful fragments. While people often create wealth when they break up and recombine property in novel ways, owners may make mistakes, or their self-interest may clash with social welfare. Property law responds with diverse doctrines that prevent and abolish excessive ...


The Cutting Edge Of Poster Law, Michael A. Heller Jan 1999

The Cutting Edge Of Poster Law, Michael A. Heller

Faculty Scholarship

Students place tens of thousands of posters around law schools each year – in staircases, on walls, and on bulletin boards. Rarely, however, do formal disputes about postering arise. Students know how far to go – and go no farther despite numerous avenues for postering deviance: blizzarding, megasigns, commercial or scurrilous signs. What is the history of poster law? What are its norms and rules, privileges and procedures? Is poster law effident? Is it just?


From Group Rights To Individual Liberties: Post-War Labor Law, Liberalism, And The Waning Of Union Strength, Reuel E. Schiller Jan 1999

From Group Rights To Individual Liberties: Post-War Labor Law, Liberalism, And The Waning Of Union Strength, Reuel E. Schiller

Faculty Scholarship

No abstract provided.