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Articles 1 - 13 of 13
Full-Text Articles in Legal History
Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell
Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell
Dalhousie Law Journal
In 1835, Joseph Howe was prosecuted for criminal libel after an attack on the Halifax magistracy appeared in his newspaper I argue that Howe's acquittal flowed from a combination of factors. Howe's newspaper was a reformist, but not radical, voice at a time when criticism of government was becoming legitimate and newspapers were becoming increasingly vociferous, despite uncertainty about how daring they could be. Howe was popular, and the magistrates and prosecution were not. Most remarkably, however, Howe used Starkies 1830 libel treatise to construct a novel defence-qualified privilege-which had considerable exculpatory potential. The judge declined to put it to …
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dual Class Shares In Canada: An Historical Analysis, Stephanie Ben-Ishai, Poonam Puri
Dalhousie Law Journal
Dual class shares have been used by Canadian corporations to access public capital markets for the past sixty years. The debates surrounding the regulation of dual class shares have been reenergized. The authors of this article argue that only by looking to the legitimating role of nationalist policy, legislation and discourse in the historical development of dual class share structures can we derive context to the current debates surrounding the regulation of dual class shares and obtain a fuller understanding of the contemporary issues theypresent. Based on an analysis of the use of dual class shares as a financing technique …
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
Civil Liberties In Uncivil Times: The Perilous Quest To Preserve American Freedoms, Kenneth Lasson
ExpressO
The perilous quest to preserve civil liberties in uncivil times is not an easy one, but the wisdom of Benjamin Franklin should remain a beacon: “Societies that trade liberty for security end often with neither.” Part I of this article is a brief history of civil liberties in America during past conflicts. Part II describes various actions taken by the government to conduct the war on terrorism – including invasions of privacy, immigration policies, deportations, profiling, pre-trial detentions, and secret military tribunals. Part III analyzes the serious Constitutional questions raised by the government’s actions in fighting terrorism. The thesis throughout …
Who Cares What Thomas Jefferson Thought About Patents: Reevaluating The Patent "Privilege" In Historical Context, Adam Mossoff
Who Cares What Thomas Jefferson Thought About Patents: Reevaluating The Patent "Privilege" In Historical Context, Adam Mossoff
ExpressO
The conventional wisdom holds that American patents have always been grants of special monopoly privileges lacking any justification in natural rights philosophy, a belief based in oft-repeated citations to Thomas Jefferson's writings on patents. Using privilege as a fulcrum in its analysis, this Article reveals that the history of early American patent law has been widely misunderstood and misused. In canvassing primary historical sources, including political and legal treatises, Founders' writings, congressional reports, and long-forgotten court decisions, it explains how patent rights were defined and enforced under the social contract doctrine and labor theory of property of natural rights philosophy. …
John Paul Stevens, Human Rights Judge, Diane Marie Amann
John Paul Stevens, Human Rights Judge, Diane Marie Amann
Scholarly Works
This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese general …
The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow
The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow
Christopher Wadlow
Reflects on the lessons which unsuccessful efforts to introduce a British Empire patent prior to 1923 may offer for the European Community patent. Reviews the origin of the proposal in 1901, the state of patent law across the Empire at the time, the progress made at several Imperial conferences, key features of the 1919 memorandum and the issues discussed at the 1922 patent conference. Outlines the reasons for the failure of the 1923 proposals, including the problems created by Canada's claim for reciprocal treatment for its patents, and considers whether the EC Community patent has a greater prospect of success.
The History Of School Trust Lands In Nevada: The No Child Left Behind Act Of 1864, Christopher J. Walker
The History Of School Trust Lands In Nevada: The No Child Left Behind Act Of 1864, Christopher J. Walker
Christopher J. Walker
This Article details the history of the federal school lands grant program in Nevada - the first federal initiative to support public education in the new state. After providing a brief overview of federal land management history in the West, the Article presents the story of school lands in Nevada - tracing its birth in Congress and at the Nevada Constitutional Convention in 1864; analyzing the changes made by state constitutional amendments and court decisions; exploring Congress's attempts to adapt the program to Nevada's needs in the form of the two-million-acre grant of 1880 and the 30,000-acre exchange of 1926; …
The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White
The Crime Of Economic Radicalism: Criminal Syndicalism Laws And The Industrial Workers Of The World, 1917-1927, Ahmed A. White
Publications
No abstract provided.
A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins
A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins
Publications
No abstract provided.
Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg
Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
The phrase "fishing expedition" is widely used in popular culture and in the law. In the case of metaphorical "fishing" in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of "fishing" also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …
The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky
The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky
Scholarly Works
The 7th and 8th editions of Black's Law Dictionary were the first edited by Bryan Garner. This review of the 8th edition of Black's Law Dictionary focuses on the approach taken by Garner in thoroughly revising the dictionary and places his work in the context of the recent history of legal dictionaries and lexicography.
Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks
Mestizaje And The Mexican Mestizo Self: No Hay Sangre Negra, So There Is No Blackness, Taunya Lovell Banks
Faculty Scholarship
Many legal scholars who write about Mexican mestizaje omit references to Afromexicans, Mexico’s African roots, and contemporary anti-black sentiments in the Mexican and Mexican American communities. The reasons for the erasure or invisibility of Mexico’s African roots are complex. It argues that post-colonial officials and theorists in shaping Mexico’s national image were influenced two factors: the Spanish colonial legacy and the complex set of rules creating a race-like caste system with a distinct anti-black bias reinforced through art; and the negative images of Mexico and Mexicans articulated in the United States during the early nineteenth century. The post-colonial Mexican becomes …
The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri
The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri
All Faculty Scholarship
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 …