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Full-Text Articles in Legal History

The History Of The Florida Supreme Court, M C. Mirow Jan 2017

The History Of The Florida Supreme Court, M C. Mirow

Faculty Publications

This article describes the challenges to writing the history of Florida's colonial courts in the Spanish and British periods from 1513 to 1821. These courts are an important yet understudied aspect of Florida legal history.


Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen Jan 2017

Blackstone, Expositor And Censor Of Law Both Made And Found, Jessie Allen

Book Chapters

Jeremy Bentham famously insisted on the separation of law as it is and law as it should be, and criticized his contemporary William Blackstone for mixing up the two. According to Bentham, Blackstone costumes judicial invention as discovery, obscuring the way judges make new law while pretending to uncover preexisting legal meaning. Bentham’s critique of judicial phoniness persists to this day in claims that judges are “politicians in robes” who pick the outcome they desire and rationalize it with doctrinal sophistry. Such skeptical attacks are usually met with attempts to defend doctrinal interpretation as a partial or occasional limit on …


Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto Jan 2017

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The History Of The Florida Supreme Court, Volume 0, M. C. Mirow Dec 2016

The History Of The Florida Supreme Court, Volume 0, M. C. Mirow

M. C. Mirow

This article describes the challenges to writing the history of Florida's colonial courts in the Spanish and British periods from 1513 to 1821. These courts are an important yet understudied aspect of Florida legal history.