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Articles 1 - 30 of 35
Full-Text Articles in Legal History
The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson
The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
In this Symposium's initial lecture, I will (a) provide a glimpse into life in Medieval England to explain the context from which Magna Carta arose, (b) describe the evolution of environmental rights from Magna Carta to the Forest Carter, (c) explore in a case study how “liberties of the forest” functioned for 800 years in England's Royal Forest of Dean, ultimately sustaining the ecological systems of Dean, (d) discuss the “liberties of the forest” in light of Elinor Ostom's common pool analyses, and (e) offer some views on the question just posed. I shall start by describing the English environment …
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney
Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
Happy 790th, Magna Carta!, Thomas J. Mcsweeney
Happy 790th, Magna Carta!, Thomas J. Mcsweeney
Thomas J. McSweeney
No abstract provided.
The Most Fundamental Right, Nicholas A. Robinson
The Most Fundamental Right, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand
William & Mary Bill of Rights Journal
No abstract provided.
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard
William & Mary Bill of Rights Journal
No abstract provided.
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker
William & Mary Bill of Rights Journal
No abstract provided.
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey
William & Mary Bill of Rights Journal
No abstract provided.
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp
William & Mary Bill of Rights Journal
No abstract provided.
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry
William & Mary Bill of Rights Journal
No abstract provided.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.
William & Mary Bill of Rights Journal
No abstract provided.
The Church And Magna Carta, R. H. Helmholz
The Church And Magna Carta, R. H. Helmholz
William & Mary Bill of Rights Journal
No abstract provided.
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney
William & Mary Bill of Rights Journal
No abstract provided.
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson
Law Faculty Publications
This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions …
The Magna Carta And The Beginning Of Modern Legal Thought, Vincent R. Johnson
The Magna Carta And The Beginning Of Modern Legal Thought, Vincent R. Johnson
Faculty Articles
As the Magna Carta, England's Great Charter of Liberties, marks its eighth centennial, it is appropriate to ask what's in it. The answer, it turns out, lives up to the legend. What's in the Magna Carta is the beginning of modern legal thought. The Great Charter set the expectations that for 800 years have shaped the development of the law in England, America, and around the globe. Like a blazing light piercing the medieval darkness, the Magna Carta illuminated the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. It was unlike any legal …
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K B Tan, Jack Tsen-Ta Lee
Jack Tsen-Ta LEE
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
Happy 790th, Magna Carta!, Thomas J. Mcsweeney
The Lost Due Process Doctrines, Paul J. Larkin Jr.
The Lost Due Process Doctrines, Paul J. Larkin Jr.
Paul J Larkin Jr.
In order to render manageable the doctrinal development of the Due Process Clause, the Supreme Court over the last fifty years has attempted to fit its decisions into one of two distinct categories: procedural requirements that the government must satisfy before depriving someone of life, liberty, or property, and substantive limitations on exactly what deprivations the government may accomplish. Unfortunately, neither the law nor life can be so easily classified. The Court has decided numerous cases that defy its recent attempts to divide Gaul into two parts, not three (or more). Several due process doctrines seem to have been isolated …
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney
Faculty Publications
No abstract provided.
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
The Appropriations Power And Sovereign Immunity, Paul F. Figley, Jay Tidmarsh
Michigan Law Review
Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence-or nonexistence-of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers' Case (1690- 1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the line of English …
The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard
The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard
University of Richmond Law Review
No abstract provided.
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Free-Standing Due Process And Criminal Procedure: The Supreme Court's Search For Interpretive Guidelines, Jerold H. Israel
Articles
When I was first introduced to the constitutional regulation of criminal procedure in the mid-1950s, a single issue dominated the field: To what extent did the due process clause of the Fourteenth Amendment impose upon states the same constitutional restraints that the Fourth, Fifth, Sixth and Eighth Amendments imposed upon the federal government? While those Bill of Rights provisions, as even then construed, imposed a broad range of constitutional restraints upon the federal criminal justice system, the federal system was (and still is) minuscule as compared to the combined systems of the fifty states. With the Bill of Rights provisions …
Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy
Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy
Michigan Law Review
A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard