Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (15)
- Jurisprudence (15)
- Law and Society (13)
- Courts (10)
- International Law (9)
-
- Civil Rights and Discrimination (7)
- State and Local Government Law (7)
- Judges (6)
- Law and Philosophy (6)
- Social and Behavioral Sciences (6)
- Arts and Humanities (5)
- Business Organizations Law (5)
- Conflict of Laws (5)
- Law and Economics (5)
- Law and Race (5)
- Legal Education (5)
- Litigation (5)
- Comparative and Foreign Law (4)
- Human Rights Law (4)
- Intellectual Property Law (4)
- Legislation (4)
- President/Executive Department (4)
- Supreme Court of the United States (4)
- Civil Procedure (3)
- Contracts (3)
- Environmental Law (3)
- Evidence (3)
- Fourteenth Amendment (3)
- Institution
-
- University of Pennsylvania Carey Law School (13)
- University of Colorado Law School (8)
- Cornell University Law School (6)
- American University Washington College of Law (4)
- Roger Williams University (4)
-
- University of Michigan Law School (4)
- University of Richmond (4)
- Barry University School of Law (3)
- UIC School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- Fordham Law School (2)
- Georgetown University Law Center (2)
- Notre Dame Law School (2)
- Pace University (2)
- Seattle University School of Law (2)
- St. John's University School of Law (2)
- University of Connecticut (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- University of Pittsburgh School of Law (2)
- William & Mary Law School (2)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Florida International University College of Law (1)
- Georgia State University College of Law (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Keyword
-
- Legal history (7)
- Legal History (6)
- Law (4)
- Evidence (3)
- History (3)
-
- International law (3)
- Supreme Court (3)
- Constitutional theory (2)
- Contracts (2)
- Copyright (2)
- Corporations (2)
- Education Law (2)
- Equality (2)
- Indigenous peoples (2)
- Intellectual property (2)
- International Law: History (2)
- Jurisprudence (2)
- Law and literature (2)
- Legal Education (2)
- Maryland (2)
- Religion (2)
- Religious freedom (2)
- Rhode Island legal sources (2)
- Toleration (2)
- ADR (1)
- ADR Scholarship (1)
- Administration of Justice (1)
- Administrative law (1)
- Adopted Children (1)
- Agency (1)
- Publication
-
- All Faculty Scholarship (14)
- Faculty Scholarship (12)
- Publications (8)
- Articles (6)
- Cornell Law Faculty Publications (6)
-
- Faculty Publications (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Law Faculty Publications (4)
- Law Faculty Scholarship (3)
- UIC Law Open Access Faculty Scholarship (3)
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty Articles (2)
- Faculty Articles and Papers (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Articles (2)
- Scholarly Works (2)
- Articles by Maurer Faculty (1)
- Book Chapters (1)
- College of Law - Faculty Scholarship (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications By Year (1)
- Faculty Publications and Presentations (1)
- Faculty Works (1)
- Law & Economics Working Papers Archive: 2003-2009 (1)
- Law Faculty Articles and Essays (1)
- Law Library Staff Publications (1)
- Legal Oral History Project (1)
- Other Publications (1)
- Semester Schedules and Information (1)
- UF Law Faculty Publications (1)
Articles 31 - 60 of 91
Full-Text Articles in Legal History
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Publications
No abstract provided.
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Mercantile Stories & Postcolonial Stories-Stories Of The Code, 12 Tex. Wesleyan L. Rev. 377 (2005), Allen R. Kamp
Mercantile Stories & Postcolonial Stories-Stories Of The Code, 12 Tex. Wesleyan L. Rev. 377 (2005), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
“Stop Me Before I Get Reversed Again”: The Failure Of Illinois Appellate Courts To Protect Their Criminal Decisions From United States Supreme Court Review, 36 Loy. U. Chi. L.J. 893 (2005), Timothy P. O'Neill
UIC Law Open Access Faculty Scholarship
No abstract provided.
Good Manners, Gay Rights And The Law, Keith J. Bybee
Good Manners, Gay Rights And The Law, Keith J. Bybee
College of Law - Faculty Scholarship
In this paper, I argue that the expansion of LGBT rights requires engagement with the common practices of courtesy that confer and reinforce social standing. In order to understand what this engagement with good manners might look like, I outline the basic features of common courtesy and illustrate how courtesy depends on a mix of utility, habit, and pleasure. I argue that if the practice of courtesy is to be re-appropriated, then all three of the factors that underwrite courtesy must be addressed. I also consider the general possibilities for re-configuring courtesy. And, in this vein, I suggest that the …
Bork Was The Beginning: Constitutional Moralism And The Politics Of Judicial Selection, Gary L. Mcdowell
Bork Was The Beginning: Constitutional Moralism And The Politics Of Judicial Selection, Gary L. Mcdowell
Law Faculty Publications
On October 23, 1987, the United States Senate committed what many considered then-and what many still consider today-to be an unforgivable political and constitutional sin. Wielding its power to advise and consent on nominations to the Supreme Court of the United States, the upper house voted 58-42 not to confirm Judge Robert H. Bork. The vote, which was the largest margin of defeat in history for a nominee to the Supreme Court, concluded one of the most tumultuous political battles in the history of the republic, a battle that would transform the process of judicial selection for years to come.
Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs
Implications Of A Uniracial Worldview: Race And Rights In A New Era, Jonathan K. Stubbs
Law Faculty Publications
This article begins by asking, "What is Race: Some Modem Western Perspectives?" Section I surveys race from various vantage points, including views associated with social and natural scientists, jurists, and members of the general public. In short, Section I grapples with what we currently mean when we use the term race.
Many people, especially westerners, believe that the human family consists of multiple races. Such thinking flows from and reinforces multi-racial worldviews. Thus, Section II asks: "What Does a Multi-racial Worldview Look Like?" Here, using graphic symbols we attempt to communicate some sense of what a multi- racial perspective involves. …
Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii
Constitutional Calcification: How The Law Becomes What The Court Does, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin
Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin
Cornell Law Faculty Publications
The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …
Techniques Available To Incorporate Transnational Components Into Traditional Law School Courses: Integrated Sections; Experiential Learning; Dual J.D.S; Semester Abroad Programs; And Other Cooperative Agreements, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Rediscovering Williston, Mark L. Movsesian
Rediscovering Williston, Mark L. Movsesian
Faculty Publications
This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the under-theorized quality of Williston's scholarship—to contemporary …
A Brief Survey Of Deconstruction, Pierre Schlag
Joseph Baxendale, James J. Fishman
Joseph Baxendale, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The defendant in the great case of Hadley v. Baxendale is Joseph Baxendale, managing partner of Pickford and Co., the common carrier that delayed the delivery of the Hadley's shaft. Baxendale was named the defendant, because Pickfords was a partnership and did not incorporate until 1901. Joseph Baxendale was born in 1785, the son of a Lancastershire surgeon. In 1806, he moved to London, where he worked for a wholesale linen draper. Later, he became a partner in that firm, and developed the managerial and accounting skills that would serve him so well at Pickfords.
An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel
An Appreciation Of Professor Herbert Johnson: Introduction To Symposium Introduction, Andrew Siegel
Faculty Articles
On October 29, 2004, the American Society for Legal History (ASLH) held a panel at its annual scholarly conference in Austin, Texas, entitled “Herbert Johnson and the Writing of American Constitutional History." The Herbert Johnson of that title is Herbert Alan Johnson, for twenty-five years a Professor of Law and History at the University of South Carolina and, since 2002, Distinguished Professor Emeritus of Law. That ASLH panel and the papers that flowed from it are the inspiration for—and in large part, the substance of—the Symposium that follows. To write a tribute to the life's work of a living individual …
The Priest-Penitent Privilege – An Hibernocentric Exercise In Postcolonial Jurisprudence, Walter J. Walsh
The Priest-Penitent Privilege – An Hibernocentric Exercise In Postcolonial Jurisprudence, Walter J. Walsh
Articles
Although much has been written on the history of the priest-penitent privilege, this Article will show that such writing tends toward an unconscious, but strong, anglocentric tilt. It seems that no scholar has tried to locate and interpret all the Irish and American sources that inspired this initially hibernocentric, later more generally American, postcolonial deviation from the English common law. Since the Second World War, the significance of Philips and its 1828 New York codification have gained widespread recognition, but the scholarly inquiry has never advanced in any truly historical fashion. This article is thus the first history of the …
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches
Publications
No abstract provided.
Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff
Lesbian And Gay Parenting: The Last Thirty Years, Nancy Polikoff
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green
Halpin On Dworkin's Fallacy: A Surreply, Michael S. Green
Faculty Publications
No abstract provided.
Charity Scandals As A Catalyst Of Legal Change And Literary Imagination In Nineteenth Century England, James J. Fishman
Charity Scandals As A Catalyst Of Legal Change And Literary Imagination In Nineteenth Century England, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
Nineteenth century England, often called the age of reform, was a period of enormous political, social, and economic change. In the first two decades came an increase in the rate of transformation of the economy, the polity and society and a greater stir and movement in all spheres of public activity caused by more “rational and purposeful” control based upon measuring, counting and observing. Political, economic and governmental institutions developed modern structures and approaches. Charitable regulation reflected these trends. As part of a broader movement of inquiry, supervision and statutory reform, and in an effort to remedy the social evils …
The Heightened Standard Of Judicial Review In Cases Of Governmental Gender-Based Discrimination: Ruth Bader Ginsburg's Influence On The U.S. Supreme Court In Craig V. Boren, Carlo A. Pedrioli
Faculty Scholarship
This paper argues that, as an amicus curiae who was working for the American Civil Liberties Union, Ruth Bader Ginsburg influenced the U.S. Supreme Court’s decision-making in the landmark 1976 case of Craig v. Boren. Craig, which received national news coverage from the New York Times, provided women, and men, with greater protection against governmental gender-based discrimination. In making the argument, this paper initially provides a brief, but essential note on heightened scrutiny in equal protection cases. Next, the paper compares the arguments of Ginsburg and Justice William Brennan, who wrote the opinion of the Court. Finally, the paper explains …
Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli
Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli
Faculty Scholarship
This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …
Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen
Article 9 Of The Constitution Of Japan And Procedural And Substantive Heuristics For Consensus, Mark A. Chinen
Faculty Articles
Japan is considering changes to its constitution, including Article 9, which prohibits it from maintaining a military force. If amendments are made, it would mark the first time the Japanese constitution has been amended since its establishment in 1947. Professor Chinen examines the debates on Article 9 using scholarship on constitutions as providing heuristics for decision-making. Constitutions help overcome the problems of emotion and time-inconsistency. They also enable societies of different deliberative groups to avoid the pitfalls of deliberation by requiring groups to interact with one another and by providing opportunities for compromise through what Cass Sunstein refers to as …
Book Review, S. James Anaya
The Unitary Executive In The Modern Era, 1945-2004, Anthony J. Colangelo, Christopher S. Yoo, Steven G. Calabresi
The Unitary Executive In The Modern Era, 1945-2004, Anthony J. Colangelo, Christopher S. Yoo, Steven G. Calabresi
Faculty Journal Articles and Book Chapters
Since the impeachment of President Clinton, there has been renewed debate over whether Congress can create institutions such as special counsels and independent agencies that restrict the president's control over the administration of the law. Initially, debate centered on whether the Constitution rejected the executive by committee used by the Articles of Confederation in favor of a unitary executive, in which all administrative authority is centralized in the president. More recently, the debate has focused on historical practices. Some scholars suggest that independent agencies and special counsels are such established features of the constitutional landscape that any argument in favor …
From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan
From The Ali To The Ili: The Efforts To Export An American Legal Institution, Jayanth K. Krishnan
Articles by Maurer Faculty
In this article, I argue that those who believe that Americans can successfully export their visions of law and legal research to other countries need to consider - in addition to Japan and Germany, two countries that are often touted as exemplars - the case of India. India gained its independence from the British in 1947, and soon thereafter many American experts traveled to India in an effort to foster a culture of Western legal intellectualism. As part of their mission to improve the status of law in India, the Americans, upon their arrival, strongly advocated for the construction of …
Sacred Visions Of Law, Robert L. Tsai
Sacred Visions Of Law, Robert L. Tsai
Faculty Scholarship
Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …
Punitive Damages Revisited: Taking The Rationale For Non-Recognition Of Foreign Judgments Too Far, Ronald A. Brand
Punitive Damages Revisited: Taking The Rationale For Non-Recognition Of Foreign Judgments Too Far, Ronald A. Brand
Articles
Punitive damages have been a controversial aspect of U.S. law; often criticized both at home and abroad. Neither U.S. law on punitive damages nor the foreign climate regarding their reception has remained static. This article notes the continuing legislative attack on punitive damages in the United States at both the state and federal level, and focuses on recent developments in case law and treaty negotiations concerning the reception of punitive damages abroad.
The Ghost Of Telecommunications Past, Philip J. Weiser
The Ghost Of Telecommunications Past, Philip J. Weiser
Publications
Paul Starr's The Creation of the Media presents modern policymakers with an important opportunity to consider the historical lessons of the telecommunications industry. This Book Review underscores how Starr's book richly explains some key components of U.S. information policy - such as relying on an integrated strategy of intellectual property, antitrust law, and telecommunications policy - and that some historical lessons are misplaced as to today's environment - such as a categorical skepticism of vertical integration. Moreover, Starr's account of telecommunications history explains that the U.S.'s success in promoting innovation in the information industries reflects our reluctance to manage key …
The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson
The Hillmon Case, The Macguffin, And The Supreme Court, Marianne Wesson
Publications
The case of Mutual Life Insurance Company v. Hillmon is one of the most influential decisions in the law of evidence. Decided by the Supreme Court in 1892, it invented an exception to the hearsay rule for statements encompassing the intentions of the declarant. But this exception seems not to rest on any plausible theory of the categorical reliability of such statements. This article suggests that the case turned instead on the Court's understanding of the facts of the underlying dispute about the identity of a corpse. The author's investigations into newspaper archives and the original case documents point to …