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Articles 1 - 19 of 19

Full-Text Articles in Legal History

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha Nov 2006

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma ...


Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Nov 2006

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Michael W. Carroll

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...


The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter Jul 2006

The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter

Faculty Scholarship at Penn Law

No abstract provided.


Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis Jun 2006

Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis

The University of New Hampshire Law Review

[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of ...


Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha May 2006

Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Três tópicos sintetizam as preocupações da presente leitura de Tomás Moro: antes de mais, o direito constitucional e a polémica constitucional que acabou em crime político sob forma penal – a decapitação de Moro por traição; depois (mas apenas por comodidade depois, porque está antes de tudo em Moro), o cristianismo, mola propulsora da vida, do pensamento e da obra desta figura; finalmente, a utopia social, o seu contributo para a filosofia política, numa clave que normalmente não é a da maioria dos expoentes recentes do pensamento cristão – e daí, também, a sua originalidade.


Interview With Howard Gittis, Sahar Dar, Howard Gittis, Legal Oral History Project, University Of Pennsylvania Law School Mar 2006

Interview With Howard Gittis, Sahar Dar, Howard Gittis, 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.

Howard Gittis (L '58) was a partner at Wolff Block Solis Cohen and later vice chairman and a close adviser to Ronald Perelman at MacAndrews & Forbes. He served on the Temple University Board of Trustees for 27 years, including six years as chair. He died in 2007.


Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan Jan 2006

Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan

Felice J Batlan

This Article argues that at the turn of the twentieth century, settlement houses were particularly important and vibrant legal sites, in which women settlement workers played groundbreaking and multiple legal roles.' Settlement houses created a geographical and intellectual space where diverse parties participated in analyzing, examining, discussing, popularizing, producing, and reforming law. More broadly, settlement houses were part of a rich and prolific urban legal environment that produced and prompted legal innovation and experimentation. Surprisingly, however, legal scholars have almost entirely neglected the groundbreaking legal work that settlement houses performed. Such neglect results in an impoverished understanding of fin-de-siecle legal ...


Is Resisting Genocide A Human Right?, David B. Kopel, Joanne D. Eisen, Paul Gallant Jan 2006

Is Resisting Genocide A Human Right?, David B. Kopel, Joanne D. Eisen, Paul Gallant

David B Kopel

Closely examining the Darfur, Sudan, genocide, and making reference to other genocides, this Article argues that the genocide prevention strategies which are currently favored by the United Nations are ineffective. This Article details the failures of targeted sanctions, United Nations peacekeepers, and other antigenocide programs. Then, this Article analyzes the Genocide Convention and other sources of international human rights law. Because the very strong language of the Genocide Convention forbids any form of complicity in genocide, and because the Genocide Convention is jus cogens (meaning that it prevails over any conflicting national or international law), this Article concludes that the ...


The Catholic Second Amendment, David B. Kopel Jan 2006

The Catholic Second Amendment, David B. Kopel

David B Kopel

At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.


The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant Jan 2006

The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant

David B Kopel

Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.


The Buyer Who Wants To Pay More, Ernest Metzger Jan 2006

The Buyer Who Wants To Pay More, Ernest Metzger

Ernest Metzger

In Roman law, a valid contract of sale required the parties to agree on a certain price. Some modern works nevertheless accept that the law ignored a certain species of error: the buyer is willing to pay more than the seller expects to receive, and a valid contract of sale is formed on the lower price. This supposed exception is based, not any text on sale, but on a single text on contracts of hire, Digest 19.2.52. This text suggests that, in some cases, a contract of hire might arise where the tenant believes he is paying a ...


Kitty Preyer And Her Books, Karen S. Beck Jan 2006

Kitty Preyer And Her Books, Karen S. Beck

Rare Book Room Exhibition Programs

Exhibition program from a 2006 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from the collection of Kathryn Conway "Kitty" Prior, which was donated to the Boston College Law Library in 2005. The books range from the 17th to the 20th century and cover a variety of topics related to the law.


Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry Jan 2006

Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry

Faculty Scholarship at Penn Law

No abstract provided.


Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick Jan 2006

Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick

Faculty Scholarship at Penn Law

The federal preemption of state law has emerged as a prominent field of study for legal scholars and political scientists. This rise to prominence of a technical and often dull field of jurisprudence is due to a number of developments-increasingly frequent federal statutory preemptions; the states' unprecedented aggressiveness in regulating business transactions, the expansion of corporate liability under state common law and the increased resort of corporate defendants to federal preemption defenses; and, not least, the Rehnquist Court's discovery of federalism and states' rights.

Unfortunately, the preemption debate has been marred by misperceptions and a lack of reliable data ...


The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri Jan 2006

The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri

Faculty Scholarship at Penn Law

This article examines the causes and consequences of a transformation in anti-discrimination discourse between 1970 and 1977 that shapes our constitutional landscape to this day. Fears of cross-racial intimacy leading to interracial marriage galvanized many white Southerners to oppose school desegregation in the 1950s and 1960s. In the wake of Brown v. Board of Education, some commentators, politicians, and ordinary citizens proposed a solution: segregate the newly integrated schools by sex. When court-ordered desegregation became a reality in the late 1960s, a smattering of southern school districts implemented sex separation plans. As late as 1969, no one saw sex-segregated schools ...


Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson Dec 2005

Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson

Dr Matilda Arvidsson

The article investigates the fundamental concept of 'time' within the framework of the laws of war, using the War on Terrorism as a starting point and the 2003 invasion and subsequent occupation of Iraq as an example. The article argues for an eschatological understanding of time during the War on Terrorism, framing a state of exception, and ultimately keeping law on hold in an enduring 'now' while messianic hopes for redemption are directed towards a new future to come after war.


Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha Dec 2005

Direitos De Personalidade, Figuras Próximas E Figuras Longínquas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A. Introdução I. Da Lei à Doutrina II. Da Pessoa III. Do Personalismo B. Delimitação IV. Aspectos Objectivos da Personalidade V. Subjectividade e Personalidade VI. Etapas e Âmbito da Personalidade VII. Fundamento do Direito de Personalidade VIII. Direitos de Personalidade e Direitos Fundamentais C. Conclusão IX. Desafios Metodológicos aos Direitos de Personalidade


Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha Dec 2005

Politeia And Paideia. “Reminiscences” Of Western Political Thought In A Reading Of Plato’S Politeia, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Many readings have been proposed of the Politeia. We propose here a brief reflection of the intertextual type, not upon the theme or main themes of this work, but more precisely in search of aspects that also seem to have acquired a posterity (or at any rate a universality that allows for the detection of coincidences). It is not merely that Plato’s great utopian ideas have found an echo in later authors, as one the most important of western politico-philosophical canons. It is also that some topics and arguments that appear through this richly magnificent dialogue seem to have ...


Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo Dec 2005

Regionalism, The Supreme Court, And Effective Governance: Healing Problems That Know No Bounds, Nick J. Sciullo

Nick J. Sciullo

By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.

A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations ...