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Articles 1 - 22 of 22
Full-Text Articles in Legal History
The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John Jacob
The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John Jacob
John Jacob
No abstract provided.
Of Monsters & Lawyers, Milan Markovic
The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck
The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck
Benjamin L Berger
In the late nineteenth century, the English legal historians Frederick Pollock and F.W. Maitland coined the phrase "the grand experiment" to describe the spread of English law throughout the British Empire. For Pollock and Maitland, this was an unequivocally positive process that would uplift settler societies. The work of recent legal historians, however, has alerted us to the more complex impact English law had on the peoples, both settler and indigenous, of those colonial societies. This "new colonial legal history" has revealed subtle and more ambiguous understandings of "the grand experiment." The essays in this volume reflect the exciting new …
A Mathematical Approach To The Study Of The United States Code, Daniel Katz
A Mathematical Approach To The Study Of The United States Code, Daniel Katz
Daniel M Katz
No abstract provided.
Institutional Rules, Strategic Behavior And The Legacy Of Chief Justice William Rehnquist: Setting The Record Straight On Dickerson V. United States, Daniel Katz
Daniel M Katz
Why did Justice Rehnquist behave the way he did in Dickerson v. United States? As written, many prevailing accounts accept Justice Rehnquist's opinion in Dickerson v. United States at face value and disavow the potential of a strategic explanation. The difficulty with the non-strategic accounts is their failure to outline explicitly the evidence supporting the uniqueness of their theory. Specifically, these explanations largely ignore the alternative set of preferences which could have produced the Chief's decision. This is troubling because prior scholarship demonstrates that a chief justice possesses a unique set of institutional powers which provides significant incentive for him …
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins
Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins
Maureen B. Collins
No abstract provided.
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Christopher Tomlins
No abstract provided.
"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff
"Law As…": Theory And Practice In Legal History, Christopher Tomlins, John Comaroff
Christopher Tomlins
No abstract provided.
Foreword: “Law As . . .” Ii, History As Interface For The Interdisciplinary Study Of Law, Christopher Tomlins
Foreword: “Law As . . .” Ii, History As Interface For The Interdisciplinary Study Of Law, Christopher Tomlins
Christopher Tomlins
No abstract provided.
What Would Langdell Have Thought? Uc Irvine’S New Law School And The Question Of History, Christopher Tomlins
What Would Langdell Have Thought? Uc Irvine’S New Law School And The Question Of History, Christopher Tomlins
Christopher Tomlins
No abstract provided.
Should Progressives Support The Constitution?, Steven Shiffrin
Should Progressives Support The Constitution?, Steven Shiffrin
Steven H. Shiffrin
In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …
Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel
Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel
Mark Spiegel
The Pre-Appointment Experience Of Supreme Court Justices: Response To Professor Barton, 64 Fla. L. Rev. F. 29 (2012), Timothy O'Neill
The Pre-Appointment Experience Of Supreme Court Justices: Response To Professor Barton, 64 Fla. L. Rev. F. 29 (2012), Timothy O'Neill
Timothy P. O'Neill
No abstract provided.
The California Public Defender: Its Origins, Evolution And Decline, Laurence Benner
The California Public Defender: Its Origins, Evolution And Decline, Laurence Benner
Laurence A. Benner
No abstract provided.
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
Peter L. Lindseth
No abstract provided.
Principles For Constitutions And Institutions In Promoting The Rule Of Law, Jon Mills
Principles For Constitutions And Institutions In Promoting The Rule Of Law, Jon Mills
Jon L. Mills
Proceedings of the Fourth Annual Legal & Policy Issues in the Americas Conference (2003). Panel IV. Comparative Constitutional Approaches to the Rule of Law and Judicial Independence.
Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory Sisk, Michael Heise, Andrew Morriss
Charting The Influences On The Judicial Mind: An Empirical Study Of Judicial Reasoning, Gregory Sisk, Michael Heise, Andrew Morriss
Michael Heise
In 1988, hundreds of federal district judges were suddenly confronted with the need to render a decision on the constitutionality of the Sentencing Reform Act and the newly promulgated criminal Sentencing Guidelines. Never before has a question of such importance and involving such significant issues of constitutional law mandated the immediate and simultaneous attention of such a large segment of the federal trial bench. Accordingly, this event provides an archetypal model for exploring the influence of social background, ideology, judicial role and institution, and other factors on judicial decisionmaking. Based upon a unique set of written decisions involving an identical …
Compensation And Revenge, Emily Sherwin
Thurgood Marshall's Improbable But Brilliant Choice, Michael Meltsner
Thurgood Marshall's Improbable But Brilliant Choice, Michael Meltsner
Michael Meltsner
No abstract provided.
The Natural Born Citizen Clause As Originally Understood, Mary Brigid Mcmanamon
The Natural Born Citizen Clause As Originally Understood, Mary Brigid Mcmanamon
Mary Brigid McManamon
Article II of the Constitution requires that the President be a “natural born Citizen.” The phrase is derived from English common law, and the Supreme Court requires examination of that law to ascertain the phrase’s definition. This piece presents the pertinent English sources, combined with statements by early American jurists. Based on a reading of these materials, the article concludes that, in the eyes of the Framers, a presidential candidate must be born within the United States. The article is important because there has been a candidate that “pushed the envelope” on this question in many elections over the last …
The Great Alliance: History, Reason, And Will In Modern Law, Paulo Barrozo
The Great Alliance: History, Reason, And Will In Modern Law, Paulo Barrozo
Paulo Barrozo
This article offers an interpretation of the intellectual and political origins of modern law in the nineteenth century and its consequences for contemporary legal thought. Social theoretical analyses of law and legal thought tend to emphasize rupture and change. Histories of legal thought tend to draw a picture of strife between different schools of jurisprudence. Such analyses and histories fail to account for the extent to which present legal thought is the continuation of a jurisprudential settlement that occurred in the nineteenth century. That settlement tamed the will of the masses under the influence of authoritative legal thought, conceptions of …