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Articles 1 - 23 of 23
Full-Text Articles in Legal History
Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith
Arkansas Law Review's 75th Anniversary Remarks, Steve Caple, Erron Smith
Arkansas Law Review
It is an exciting time for the Arkansas Law Review, the School of Law, and the University of Arkansas. The journal is celebrating its 75th anniversary, the law school is approaching its 100th year of existence, and the university recently celebrated its 150th birthday.
The Patriation Of Canadian Corporate Law, Camden Hutchison
The Patriation Of Canadian Corporate Law, Camden Hutchison
All Faculty Publications
Canadian corporate law belongs within a broader Anglo-American legal tradition, sharing many of the features of other common law jurisdictions, most notably England and the United States. Prior to Confederation, Canadian corporate law first emerged from nineteenth-century English legislation and continued to resemble English law – at least superficially – well into the twentieth century. Legislation is only one source of corporate law, however. Just as important is the creation of legal rules through the common law adjudicatory process. Thus, examining case law raises an important empirical question distinct from, though relevant to, the issue of legislative influence – namely, …
Dickinson Law Review, Pamela G. Smith
Dickinson Law Review, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson
The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson
Publications
No abstract provided.
Book Review, Anna Spain Bradley
Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann
Faculty Scholarship
Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …
Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman
Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Legal History In Context, Logan E. Sawyer Iii
Legal History In Context, Logan E. Sawyer Iii
Scholarly Works
The author examines the teaching methodologies involved in historical education and legal education.
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Richard T. Bowser
No abstract provided.
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
Austin's Intentions: A Critical Reconstruction Of His Concept Of Legal Science, Richard T. Bowser, J. Stanley Mcquade
J. Stanley McQuade
No abstract provided.
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
The Importance Of Comparative Law In Legal Education: United States Goals And Methods Of Legal Comparisons, Hugh J. Ault, Mary Ann Glendon
Hugh J. Ault
This Essay discusses the gradual changes occurring within legal education, which are finding wide acceptance in law schools throughout the United States. These changes include greater attention to other disciplines, primarily economics and behavioral sciences, and the contributions they make to a fuller understanding of the legal system. In addition, law schools are increasingly exploring the ways in which the law in textbooks may differ from the law in action. Nearly every law school, therefore, is seriously investigating the social and economic background of legal rules and their consequences through clinical legal education, which attempts to provide a real or …
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Environmental Law In The Political Ecosystem - Coping With The Reality Of Politics, Zygmunt J.B. Plater
Zygmunt J.B. Plater
In this Essay, the proposition the author draws from the narrative of the endangered species litigation is derivatively Aristotelian – that we must consciously, actively, and explicitly integrate an informed consideration of human politics into what we teach and do in environmental law. The proposition is not that we should steep ourselves in party politics, although there are interesting observations aplenty that could be made on the direct consequences that the two major parties (and occassionally their wistful smaller incarnations) have on the evolution of environmental law. The proposition offered here operates at two different levels: practical politics and political …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Starla J. Williams
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Jennifer M. Lear
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society.
The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Thurgood Marshall: The Writer, Anna Hemingway, Starla J. Williams, Jennifer Lear, Ann Fruth
Ann E. Fruth
This article profiles Thurgood Marshall as a writer in his roles as an advocate and social activist, a legal scholar and a Supreme Court Justice. It examines the techniques that he used as a writer to inform and persuade his audiences in his life-long endeavor to achieve equality for everyone. This examination of Marshall’s legal, scholarly, and judicial writings can help lawyers, academics, and students increase their knowledge of how the written word profoundly impacts society. The article first studies his arguments and legal strategy in two early civil rights cases, University of Maryland v. Murray and Smith v. Allwright. …
The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky
The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky
Scholarly Works
The 7th and 8th editions of Black's Law Dictionary were the first edited by Bryan Garner. This review of the 8th edition of Black's Law Dictionary focuses on the approach taken by Garner in thoroughly revising the dictionary and places his work in the context of the recent history of legal dictionaries and lexicography.
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
Learning More Than Law From Maryland Decisions, Ian Gallacher
Learning More Than Law From Maryland Decisions, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
The Public Dimension In Legal Education, Mark R. Macguigan
The Public Dimension In Legal Education, Mark R. Macguigan
Dalhousie Law Journal
Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Publications
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)
Book Reviews, Stanley D. Rose (Reviewer), Charles C. Trabue, Jr. (Reviewer)
Vanderbilt Law Review
READINGS IN AMERICAN LEGAL HISTORY
Compiled and edited by Mark DeWolfe Howe
Cambridge: Harvard University Press, 1949. Pp. 529.$7.50
reviewer: STANLEY D. ROSE
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THE GROWTH OF AMERICAN LAW: THE LAW MAKERS
By James Willard Hurst
Boston: Little, Brown and Co., 1950. Pp. xiii, 502. $5.50
reviewer: STANLEY D. ROSE
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REASON AND LAW
By Morris R. Cohen
Illinois: The Free Press, 1950. Pp.211. $3.50
reviewer: STANLEY D. ROSE
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AN INTRODUCTION TO LEGAL REASONING
By Edward H. Levi
Chicago: The University of Chicago Press, 1949. Pp. 74. $2.00
reviewer: STANLEY D. ROSE
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LIVING LAW OF DEMOCRATIC SOCIETY
By …
The Literature Of Law, Ernest W. Huffcut
The Literature Of Law, Ernest W. Huffcut
Articles by Maurer Faculty
No abstract provided.