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Articles 8161 - 8190 of 10664
Full-Text Articles in Legal History
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
Publications
This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …
On The Telos Of Man And Law: An Essay Concerning Morality And Positive Law, William N. Riley
On The Telos Of Man And Law: An Essay Concerning Morality And Positive Law, William N. Riley
Indiana Law Journal
No abstract provided.
Antitrust's Protected Classes, Herbert Hovenkamp
Antitrust's Protected Classes, Herbert Hovenkamp
Michigan Law Review
For purposes of argument, this essay assumes that efficiency ought to be the exclusive goal of antitrust enforcement. That premise is controversial. Nonetheless, several economic and legal theorists, primarily among the Chicago School of economics and antitrust scholarship, have developed an Optimal Deterrence Model based on this assumption. The Model is designed to achieve the optimum, or ideal, amount of antitrust enforcement. The Model's originators generally believe that there is too much antitrust enforcement, particularly enforcement initiated by private plaintiffs. I intend to show that, even if efficiency is the only antitrust policy goal, a broader array of lawsuits should …
Legal Education In Saskatchewan 1982-1988, Daniel I. Ish
Legal Education In Saskatchewan 1982-1988, Daniel I. Ish
Dalhousie Law Journal
My predecessor in the office of dean, Don Clark, in an article in this Journal approximately six years ago, described in his usual eloquent fashion the development of the little law school on the prairie from its genesis in 1910. In these pages I will attempt to outline some of the developments in the College of Law during my six years as dean. I intend to adopt an intuitive, first-person narrative which, I hope, will not be too self-serving in its description of the College of Law between 1982 and 1988.
The Opinion Volume 30 Number 4 – September 27, 1989, The Opinion
The Opinion Volume 30 Number 4 – September 27, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 27, 1989
The Opinion Volume 30 Number 3 – September 13, 1989, The Opinion
The Opinion Volume 30 Number 3 – September 13, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September, 13, 1989
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon
Washington and Lee Law Review
No abstract provided.
The Opinion Volume 30 Number 2 – August 25, 1989, The Opinion
The Opinion Volume 30 Number 2 – August 25, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated August 25, 1989
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Stories Of Origin And Constitutional Possibilities, Milner S. Ball
Michigan Law Review
Robert Cover once observed how "[n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture." Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution.
There is an American story of origins. It is …
Difference Made Legal: The Court And Dr. King, David Luban
Difference Made Legal: The Court And Dr. King, David Luban
Michigan Law Review
My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official voice, the …
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
Faculty Scholarship
This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
The Law Of Pretrial Interrogation, Department Of Justice Office Of Legal Policy
University of Michigan Journal of Law Reform
The existing rules in the United States governing the questioning of suspects in custody are based on the Supreme Court's five to four decision in Miranda v. Arizona. The Court in Miranda promulgated a new, code-like set of rules for custodial questioning, including the creation of a right to counsel in connection with custodial questioning, a requirement of warnings, a prohibition of questioning unless the suspect affirmatively waives the rights set out in the warnings, and a prohibition of questioning if the suspect asks for a lawyer or indicates in any manner that he is unwilling to talk. These …
Reimagining The Marshall Court, H. Jefferson Powell
Reimagining The Marshall Court, H. Jefferson Powell
Michigan Law Review
A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White
Judicial Review And American Democracy, Stanley S. Sokul
Judicial Review And American Democracy, Stanley S. Sokul
Michigan Law Review
A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace
Trial By Ordeal, Robert C. Palmer
Trial By Ordeal, Robert C. Palmer
Michigan Law Review
A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett
Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks
Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks
Michigan Law Review
A Review of Privacy in a Public Society: Human Rights in Conflict by Richard F. Hixson
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
The Plessy Case: A Legal-Historical Interpretation, David D. Meyer
Michigan Law Review
A Review of The Plessy Case: A Legal-Historical Interpretation by Charles A. Lofgren
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Transfers Of Property In Eleventh-Century Norman Law, William John Gallagher
Michigan Law Review
A Review of Transfers of Property in Eleventh-Century Norman Law by Emily Zack Tabuteau
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn
Michigan Law Review
A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett
Law And Disputing In Commercializing Early America, Cornelia Dayton
Law And Disputing In Commercializing Early America, Cornelia Dayton
Michigan Law Review
A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann
Philosophy, The Federalist, And The Constitution, Edward J. Sebold
Philosophy, The Federalist, And The Constitution, Edward J. Sebold
Michigan Law Review
A Review of Philosophy, The Federalist, and the Constitution by Morton White
The Opinion Volume 30 Number 1 – April 26, 1989, The Opinion
The Opinion Volume 30 Number 1 – April 26, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated April 26, 1989
The Opinion Volume 29 Number 13 – April 12, 1989, The Opinion
The Opinion Volume 29 Number 13 – April 12, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated April 12, 1989
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.
Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost
Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost
Dalhousie Law Journal
P. B. Waite has been hugely fortunate in his subject, Norman Archibald MacRae MacKenzie, known to his intimates as "Larry". Here is a quintessential Canadian. Born in a modest Manse in Pugwash, Nova Scotia, and schooled at Pictou Academy, he then laboured for four years on a farm in Saskatchewan, survived four years in the trenches of World War I (mostly with the Nova Scotia Highlanders, emerging without a scratch, but with a Military Medal and bar, and a promised but never confirmed commission), entered Law at Dalhousie, won a Carnegie Fellowship to Harvard and then a renewal to take …
The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan
The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan
Dalhousie Law Journal
It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …
The Opinion Volume 29 Number 12 – March 15, 1989, The Opinion
The Opinion Volume 29 Number 12 – March 15, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 15, 1989
The Opinion Volume 29 Number 11 – March 1, 1989, The Opinion
The Opinion Volume 29 Number 11 – March 1, 1989, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated March 1, 1989