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Legal History Commons

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Articles 1 - 3 of 3

Full-Text Articles in Legal History

Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner Apr 2017

Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Standards Of Review Then And Now, Yves-Marie Morissette Apr 2017

Appellate Standards Of Review Then And Now, Yves-Marie Morissette

The Journal of Appellate Practice and Process

No abstract provided.


The Law's Mystery, Linda L. Berger, Jack L. Sammons Apr 2013

The Law's Mystery, Linda L. Berger, Jack L. Sammons

Scholarly Works

What is the continuing significance of Cohen v. California, the 1971 U.S. Supreme Court decision holding that “Fuck the Draft” is a message protected by the First Amendment? Using Cohen as an exemplar, this article offers a new theory about how to understand the law and judicial opinions.

The theory begins in a recognition of the “law” as resting upon mystery and uncertainty, a mystery that is also the source of the law’s enchantment. It is this enchantment that we depend upon for the law to be authoritative rather than authoritarian and reducible to the political and thus to …