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Articles 1 - 7 of 7
Full-Text Articles in Legal History
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Indiana Journal of Global Legal Studies
In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …
The Prosser Myth Of Transferred Intent, Peter B. Kutner
The Prosser Myth Of Transferred Intent, Peter B. Kutner
Indiana Law Journal
The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in the First …
Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse
Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse
Articles by Maurer Faculty
No abstract provided.
Funeral Notice
David McDonald (1842-1853)
Funeral notice for David McDonald's wife, Mary R. McDonald.
Gateways To Opportunity: China Gateway
Gateways To Opportunity: China Gateway
Austen Parrish (2014-2022)
No abstract provided.
Vol. 50, No. 06 (February 22, 2016)
North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney
Indiana Law Journal
The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.