Legal History Commons^™

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

Table Annexed To Article: Counting ‘Sled Dog’ Adjectives Deployed In The Early Constitution (1787-1804), Peter Aschenbrenner

Peter J. Aschenbrenner

When a vocabulary of 49 adjectives – cardinals, ordinals, pronomials, and so forth – what OCL calls the ‘sled dog’ adjectives are tested against the target vocabulary – all 5,224 words in the Early Constitution (1787-1804), a total of 485 hits are recorded. OCL surveys these results and draws conclusions.

Table Annexed To Article: Color Me Adverb: How The Convention Painted The Text Of The Philadelphia Constitution, Peter Aschenbrenner

Peter J. Aschenbrenner

Adverbs are one of the principal – and most readily trackable – means by which writers of the English language color their output. Relying on ‘-ly’ adverbs (out of 3,732 total adverbs), adverb usage in the Philadelphia constitution is measured.

Table Annexed To Article: Counting Adjectives Deployed In The Early Constitution (1787-1804), Peter Aschenbrenner

Peter J. Aschenbrenner

How many adjectives were deployed by the authors of the Early Constitution (1787-1804)? Counting adjectives in the target vocabulary, the computation returns 114 different adjectives with 531 total deployments in the 5,224 words of the Early Constitution. Why do adjectives matter in English (or in any IE language)? Why do these counts matter?

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.

Maneuvering Modernity: Family Law As A Battle Field In Colonial Taiwan (1895-1945), Yun-Ru Chen

2013 New England Association for Asian Studies Conference

Twenty five years after launching its own legal modernization in response to Western imperialism, Japan imposed a modern legal system upon its first colony, Taiwan. In accordance with the “respecting old custom” colonial policy, the Japanese created a system called Taiwanese customary law, a mixture of imperial Chinese laws, local customs and European legal concepts, and gradually implemented its newly adopted European-style Meiji Civil Code (1898). However, even since the late 1910s when the colonial policy changed into “full-flag assimilation,” family law remained an exception to the transplantation of Japanese laws. That did not, however, mean that family law was …

Coase, Herbert J. Hovenkamp

All Faculty Scholarship

This brief essay considers the career, contributions, and influence of Ronald Coase, who passed away in September, 2013. Comments are welcome.

Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine

Articles by Maurer Faculty

In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

For the legal historian, the Age of Justinian is nothing short of pivotal. Medievalists and early modernists interested in the so-called reception of Roman law in later times and places must look back to Justinian and his law books, as classicists and historians interested in Roman republican or early imperial law must frequently look forward to them.

Justinian’s law books are, of course, the Digest, the Code, the Institutes, and the Novels (Novellae Constitutiones), which have become known collectively as the Corpus Iuris Civilis (CIC).

It soon becomes clear to those interested in the CIC that the standard modern version …

Wilhelm Kroll's Preface To Justinian's Novels: An English Translation, Timothy G. Kearley, David J.D. Miller

Timothy G. Kearley

Justice Frederick H. Blume, attorney and long-time Justice of the Wyoming Supreme Court, single-handedly translated Justinian's Code and Novels in the early twentieth century. His is the only English translation of the Code to have been made from the Latin version accepted as most authoritative. Using Blume's papers, this article describes, among other things: how Blume created the extensive Roman law library needed for his translation; his approach to translation; and his collaboration with Clyde Pharr on Pharr's "Corpus Juris Romani" series. The article also describes the author's editing and digitization of Justice Blume's translation.

'In The Time Of A Woman, Which Sex Was Not Capable Of Mature Deliberation': Late Tudor Parliamentary Relations And Their Early Stuart Discontents, Josh Chafetz

Cornell Law Faculty Publications

The English Civil War is one of the seminal events in Anglo-American constitutional history. Oceans of ink have been spilled in debating its causes, and historians have pointed to a number of salient divisions along economic, social, political, and religious lines. But a related, and equally important, question has gone largely ignored: what allowed the House of Commons, for the first time in English history, to play the lead role in opposing the Crown? How did the lower house of Parliament develop the constitutional self-confidence that would allow it to organize the rebellion against Charles I?

This Article argues that …

To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.

Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.

Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann

Jeffrey B. Morris

No abstract provided.

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

“Onde Está A Felicidade", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

The Wires Go To War: The U.S. Experiment With Government Ownership Of The Telephone System During World War I, Michael A. Janson, Christopher S. Yoo

All Faculty Scholarship

One of the most distinctive characteristics of the U.S. telephone system is that it has always been privately owned, in stark contrast to the pattern of government ownership followed by virtually every other nation. What is not widely known is how close the United States came to falling in line with the rest of the world. For the one-year period following July 31, 1918, the exigencies of World War I led the federal government to take over the U.S. telephone system. A close examination of this episode sheds new light into a number of current policy issues. The history confirms …

Crime Virtuoso, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Neste artigo discute-se o que há de profundo e o que há de circunstancial na mania das fotocópias de livros e os problemas conexos da educação e da edição.

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

All Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …

Criminal Procedure And The Supreme Court - Then And Now, David Rudstein

125th Anniversary Materials

No abstract provided.

John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt

125th Anniversary Materials

No abstract provided.

125 Years Of Law Books, 1888-2013, Keith Ann Stiverson

125th Anniversary Materials

No abstract provided.

Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan

125th Anniversary Materials

No abstract provided.

The Rookery Building And Chicago-Kent, A. Dan Tarlock

125th Anniversary Materials

No abstract provided.

Privacy And Technology: A 125-Year Review, Lori B. Andrews

125th Anniversary Materials

No abstract provided.

U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber

125th Anniversary Materials

No abstract provided.

The Changing Composition Of The American Jury, Nancy S. Marder

125th Anniversary Materials

No abstract provided.

What's A Telegram?, Henry H. Perritt Jr.

125th Anniversary Materials

No abstract provided.

A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro

125th Anniversary Materials

The Supreme Court in 1888 was in crisis. Its overall structure and responsibilities, created a century earlier by the Judiciary Act of 1789, were no longer adequate or appropriate. The Court had no control over its own docket - at the beginning of the 1888 term, there were 1,563 cases pending - and the justices’ responsibilities, which included circuit riding, were impossible to meet. Shaped as it was by a law almost as old as the country itself, the Supreme Court in 1888 - and the federal judicial system as a whole - would be barely recognizable to many today. …