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Articles 1 - 20 of 20

Full-Text Articles in Legal History

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


The Case For American History In The Law-School Curriculum, Harold P. Southerland Oct 2006

The Case For American History In The Law-School Curriculum, Harold P. Southerland

ExpressO

This article argues for the teaching of American History throughout the first year of law school. I do not believe that students can fully understand the cases they are reading in other courses without a knowledge of environing context. Understanding American History -- which is many respects doesn't paint a flattering picture -- may also help students in making fundamental choices about what role they wish to play in their careers as lawyers. I believe it is time to recognize that too much of the profession is run as a business and not as a noble calling dedicated to helping those ...


Searches & The Misunderstood History Of Suspicion & Probable Cause: Part One, Fabio Arcila Sep 2006

Searches & The Misunderstood History Of Suspicion & Probable Cause: Part One, Fabio Arcila

ExpressO

This article, the first of a two-part series, argues that during the Framers’ era many if not most judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This argument challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

The focus in this first article is upon an analysis of the common law and how it reflected the Fourth Amendment’s restrictions. Learned treatises in particular, and to a lesser extent ...


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann Jun 2006

The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann

ExpressO

This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.


Review Essay: Using All Available Information, Max Huffman May 2006

Review Essay: Using All Available Information, Max Huffman

ExpressO

This is a review essay entitled “Using All Available Information,” in which I review and comment on Justice Stephen Breyer’s new book, Active Liberty: Interpreting Our Democratic Constitution, published in September 2005. Justice Breyer’s book, adapted from the Tanner Lectures given in 2005 at Harvard Law School, serves partly as a response to Justice Scalia’s 1997 volume A Matter of Interpretation: Federal Courts and the Law. I review Justice Breyer’s book in part by comparison to and contrast with Justice Scalia’s. I propose that much about Justice Breyer’s interpretive philosophy, which centers on determining ...


Spring 2006 Apr 2006

Spring 2006

Bill of Particulars

No abstract provided.


The Old Order Changes, Shirley S. Abrahamson Apr 2006

The Old Order Changes, Shirley S. Abrahamson

The Journal of Appellate Practice and Process

No abstract provided.


Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel Apr 2006

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


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.


Langdell Upside-Down: The Anticlassical Jurisprudence Of Anticodification, Lewis A. Grossman Feb 2006

Langdell Upside-Down: The Anticlassical Jurisprudence Of Anticodification, Lewis A. Grossman

ExpressO

At the end of the nineteenth century, the American legal community engaged in an impassioned debate about whether the substantive common law should be codified. The American codifiers, like their civil law counterparts in Europe, sought to make the law largely “judge proof” by reducing the function of courts to the nondiscretionary application of clearly stated statutory principles and rules. By contrast, codification opponents, led by James Coolidge Carter, fought to preserve the centrality of courts in the American legal system. In light of the influential scholarship portraying Gilded Age law as dominated by Langdellian “classical legal thought,” one might ...


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 ...


The Daniel R. Coquillette Rare Book Room [Brochure], Boston College Law School Jan 2006

The Daniel R. Coquillette Rare Book Room [Brochure], Boston College Law School

Rare Book Room Exhibition Programs

Brochure describing the Daniel R. Coquillette Rare Book Room.


Valuation In The Cost-Benefit Analysis: Choosing Between Offer Prices And Asking Prices As The Appropriate Measure Of Willingness To Pay, 39 J. Marshall L. Rev. 429 (2006), Gregory Crespi Jan 2006

Valuation In The Cost-Benefit Analysis: Choosing Between Offer Prices And Asking Prices As The Appropriate Measure Of Willingness To Pay, 39 J. Marshall L. Rev. 429 (2006), Gregory Crespi

The John Marshall Law Review

No abstract provided.


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Jan 2006

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Boston College Law School Faculty Papers

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes.

As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional ...


Foreword: Why Open Access To Scholarship Matters, Joe Miller Jan 2006

Foreword: Why Open Access To Scholarship Matters, Joe Miller

Scholarly Works

On March 10, 2006, the Lewis & Clark Law Review sponsored a day-long symposium entitled Open Access Publishing and the Future of Legal Scholarship. That gathering led to eight papers that are forthcoming in Volume 10, Issue No. 4, of the Lewis & Clark Law Review. In this short Foreword, I offer some thoughts about why all law professors should take an interest in the movement promoting open access to scholarship. The principal reason, based in current circumstances, is the way that using an open access platform extends one's reach. The aspirational reason is that open access platforms enable us to ...


Fundamental Dimensions Of Law And Legal Education: An Historical Framework - A History Of U.S. Legal Education Phase I: From The Founding Of The Republic Until The 1860s, 39 J. Marshall L. Rev. 1041 (2006), Mark L. Jones Jan 2006

Fundamental Dimensions Of Law And Legal Education: An Historical Framework - A History Of U.S. Legal Education Phase I: From The Founding Of The Republic Until The 1860s, 39 J. Marshall L. Rev. 1041 (2006), Mark L. Jones

The John Marshall Law Review

No abstract provided.


The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy Jan 2006

The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy

The John Marshall Law Review

No abstract provided.


Educating The Total Jurist?, W. Wesley Pue Jan 2006

Educating The Total Jurist?, W. Wesley Pue

Faculty Publications

This paper discusses a discontinuity between the ways in which legal education has historically sought to reconstruct the soul of lawyers-in-training and the contemporary conceit that legal education can be value-free. It identifies a gap between early 21st century narrowly technocratic approaches to legal professionalism - epitomized by Enron professionalism and earlier conceptions of lawyering. A desire to instill a moral sensibility in apprentice lawyers weighed heavily in an earlier generation's thinking about legal education everywhere in the common law world, giving rise to the programmes, schemes, and imaginings that provided templates for contemporary university legal training. With surprising consistency ...


Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue Jan 2006

Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue

Faculty Publications

Periodic crises around the conduct of lawyers provoke moves in the direction of constituting the organized legal profession as a regulated industry, much like any other. Such proposals, whether for regulation through Legal Services Commissions or other structures, abruptly confront the historically embedded constitutional notion that liberty itself rests on the independence of the bar. This paper engages in a comparative review of the notion of an independent legal profession. Its particular focus is on widely agreed international standards and on the experience of Commonwealth countries and especially Australia, Canada, and the United Kingdom. The paper draws on literatures from ...