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Legal History Commons

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Articles 1 - 7 of 7

Full-Text Articles in Legal History

A Canadian's View From The Staten Island Ferry, Gerald Lebovits Oct 2002

A Canadian's View From The Staten Island Ferry, Gerald Lebovits

Gerald Lebovits

No abstract provided.


A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan Feb 2002

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan Jan 2002

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

Felice J Batlan

Closely examining a range of New York Court of Appeals police‐power cases during the period 1885 to 1905, this article demonstrates that the New York Court had a long history of accepting and continually expanding the police power. In these police‐power cases, one finds the court grappling with an evolving sense of how to balance the concept of and need for a well‐regulated society against the rights of an individual in an increasingly complex and interconnected world, as well as a tenacious refusal to abandon Victorian bourgeois norms regarding the dichotomy between the home and workplace. By contextualizing and historicizing …


The Constitution And The New Deal, Richard D. Friedman Jan 2002

The Constitution And The New Deal, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate American lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes appeared - whatever the reality - to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court with Justices amenable to his programme. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.


Extending The Revisionist Project, Lewis Grossman Jan 2002

Extending The Revisionist Project, Lewis Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


La Bibliografía Del Discurso Político Jurídico Del Derecho Y Repartimiento De Presas Y Despojos Aprehendidos En Justa Guerra: Premios Y Castigos De Los Soldados De Don Juan Francisco De Montemayor Y Córdoba De Cuenca, Óscar Cruz Jan 2002

La Bibliografía Del Discurso Político Jurídico Del Derecho Y Repartimiento De Presas Y Despojos Aprehendidos En Justa Guerra: Premios Y Castigos De Los Soldados De Don Juan Francisco De Montemayor Y Córdoba De Cuenca, Óscar Cruz

Óscar Cruz Barney

No abstract provided.


Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel Jan 2002

Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel

Scholarly Works

In this Article, I offer a case study of one of the hazards presented by legal scholarship in law reviews as it has evolved over the last century. The standard law review article typically begins with an overview of the author's subject, frequently involving a historical perspective or a chronology of the development of a doctrine. This background section stems from a number of causes, but many attribute it to the fact that most law reviews are student-edited. In order to evaluate an author's argument, students need a brief course in, say, the basics of trade law and pollution control …