Legal History Commons^™

Theorizing Agency, Susan Carle

American University Law Review

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …

The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants …

To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.

Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.

The Historical Amendability Of The American Constitution: Speculations On An Empirical Problematic, Darren R. Latham

American University Law Review

No abstract provided.

What Appellate Judges Do, Rick Sims

The Journal of Appellate Practice and Process

No abstract provided.

Preface, David C. Frederick

The Journal of Appellate Practice and Process

No abstract provided.

Avoiding Missteps In The Supreme Court: A Guide To Resources For Counsel, Charles A. Rothfeld

The Journal of Appellate Practice and Process

No abstract provided.

Karen A. Mingst On The U.N. Security Council: From The Cold War To The 21st Century. Edited By David M. Malone. Boulder, Co: Lynne Rienner, 2004. 745pp., Karen A. Mingst

Human Rights & Human Welfare

No abstract provided.

The One That Got Away: Fishery Reserves In Prince Edward Island, Rusty Bittermann, Margaret E. Mccallum

Dalhousie Law Journal

In 1767, the British government divided Prince Edward Island into sixty-seven townships of about 20,000 acres each, and allocated all but one of these to about one hundred people who had some claim on the Crown's munificence. Subsequently, Island governments complained of their disadvantaged state in comparison with other British North American colonies, which could raise revenue by selling rights to Crown land and resources. Their complaints, although not totally unjustified, did not acknowledge the extensive and valuable lands which the Crown retained as fishery reserves. Most of the township grants reserved rights to the first 500 feet of land …

Police And Democracy, David Alan Sklansky

Michigan Law Review

Part I of the Article describes the emergence in postwar America of a particular understanding of a democracy, an understanding generally referred to as "democratic pluralism," "analytic pluralism," "pluralist theory," or simply "pluralism." We will spend a fair bit of time unpacking pluralism, because its fine points will prove important when we turn to the task of tracing its reflections in criminal procedure. That task is taken up in Part II, which examines the ways in which the central tenets of democratic pluralism found echoes in criminal procedure - construed broadly to include not only jurisprudence and legal scholarship but …

Impossible Subjects: Illegal Aliens And Alien Citizens, Leti Volpp

Michigan Law Review

America is a nation of immigrants, according to our national narrative. This is the America with its gates open to the world, as well as the America of the melting pot. Underpinning this national narrative is a very particular story of immigration that foregrounds the inclusion of immigrants, rather than their exclusion. Highlighted in this story is the period before 1924, of relatively unfettered European immigration, and the period after 1965, post the lifting of national origins quotas. Also underlying this national narrative is a particular story about what happens once immigrants enter. In this story the immigrant traverses smoothly …

Theory Wars In The Conflict Of Laws, Louise Weinberg

Michigan Law Review

Fifty years ago, at the height of modernism in all things, there was a great revolution in American choice-of-law theory. You cannot understand what is going on in the field of conflict of laws today without coming to grips with this central fact. With this revolution, the old formalistic way of choosing law was dethroned, and has occupied a humble position on the sidelines ever since. Yet there has been no lasting peace. The American conflicts revolution is still happening, and poor results are still frustrating good intentions. Now comes Dean Symeon Symeonides, the author of the choice of- law …

The Ghost Of Telecommunications Past, Philip J. Weiser

Michigan Law Review

When the canon for the field of information law and policy is developed, Paul Starr's The Creation of the Media will enjoy a hallowed place in it. Like Lawrence Lessig's masterful Code and Other Laws of Cyberspace, Starr's tour de force explains how policymakers have made a series of "constitutive choices" about how to regulate different information technologies that helped to shape the basic architecture of the information age. In so doing, Starr displays the same literary and analytical skill he used in writing the Pulitzer Prizewinning The Social Transformation of American Medicine, the firsthand experience he gained …

Legal Realism As Theory Of Law, Michael S. Green

William & Mary Law Review

No abstract provided.

A Lecture On Appellate Advocacy, Karl N. Llewellyn

The Journal of Appellate Practice and Process

No abstract provided.

Learning From Professor Llewellyn, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.

Marketing Natural Law: An Over-Debated And Undersold Product, J. Stanley Mcquade, Richard T. Bowser

Campbell Law Review

No abstract provided.

The Dartmouth Schools Question And The Supreme Court Of Nova Scotia, Robert Nicholas Bérard

Dalhousie Law Journal

Scholars have often demonstrated that courts in Canada have long been responsive to the political, social, cultural and economic contexts in which they operate. An illustration of the ways in which the Supreme Court of Nova Scotia embodied this role can be found in the Court's handling of a dispute between the Town of Dartmouth and the Roman Catholic Episcopal Corporation of Halifax, often referred to as the "Dartmouth Schools Question" in 1939 and 1940 The case concerned the attempt of the Town of Dartmouth, alone among municipalities in Nova Scotia, to collect local taxes on property used for Catholic …

The Discourse Of Law In Time Of War: Politics And Professionalism During The Civil War And Reconstruction, Norman W. Spaulding

William & Mary Law Review

This Article assesses the role of law and lawyering in time of war by examining how lawyers responded to and were affected by the Civil War and Reconstruction. Although the modern legal profession has its roots in the same time period (legal formalism, education in law schools rather than apprenticeships, Socratic instruction, bar associations, large firm practice, and a distinct brand of constitutional conservatism all emerge in the 1870s), historians of the legal profession have largely ignored the relationship between professional organization and lawyers' experience of the Civil War and Reconstruction.

Before the war period, many elite lawyers were committed …

Federal Judicial Selection: The First Decade, Maeva Marcus

University of Richmond Law Review

No abstract provided.

Bork Was The Beginning: Constitutional Moralism And The Politics Of Federal Judicial Selection, Gary L. Mcdowell

University of Richmond Law Review

No abstract provided.

Time Out Of Mind: Our Collective Amnesia About The History Of The Privileges Or Immunities Clause, Michael P. O'Connor

Kentucky Law Journal

No abstract provided.

Giving Up The "I": How The National Museum Of The American Indian Appropriated Tribal Voices, Whitney Kerr

American Indian Law Review

No abstract provided.

Cambridge Law School For Women: The Evolution And Legacy Of The Nation's First Graduate Law School Exclusively For Women, Nina A. Kohn

Michigan Journal of Gender & Law

Although several scholars have briefly discussed CLSW in conjunction with work on other subjects, this Article presents the first comprehensive history of the school. The Article begins in Section Two by exploring how and why CLSW came into being in 1915 after two young Radcliffe suffragists led an unsuccessful campaign for admission to Harvard Law School. Section Three examines the design, pedagogical foundations, and day-to-day workings of the school during its first two years. Sections Four and Five explore the historical events that led to CLSW's closure in 1917. These sections also document and discuss the school's subsequent, and previously …

If I Implore You And Order You To Set Me Free, Robert Blecker

NYLS Law Review

No abstract provided.

Innocence And The Sopranos, Seth D. Harris

NYLS Law Review

No abstract provided.

Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine

Seattle University Law Review

This keynote address for the 2005 Symposium: Where's My Vote? Lessons Learned from Washington State's Gubernatorial Election was presented by Barbara Arnwine. The focus of the presentation was on "Voting Rights at a Crossroad: Return to the Past or an Opportunity for the Future?" To students who are on the career path to becoming practitioners of law, and to attorneys and law professors, no role is more important than enhancing democracy. Ms. Arnwine's speech addresses the topics of voting rights from a national perspective highlighting the most pressing challenges. In addressing this theme, four areas of voting rights are covered …