Legal History Commons^™

Some Prejudices About The Legal Tradition Of Eastern Europe, Tomasz Giaro

Tomasz Giaro

No abstract provided.

Principles And Rules In The Emerging Euoropean Contract Law: From The Pecl To The Cesl, And Beyond, Dr. Yehuda Adar, Prof. Pietro Sirena

Yehuda Adar Dr.

Legal principles play an important role in any system of law. Following the European Court of Justice, the treaties of the European Union have embraced the concept of “principles of law”, mainly as a means to guarantee individual and human rights in public and constitutional law. More recently, however, the ECJ has come to recognize as “general principles” private law and contract law norms and values. Furthermore, the notion of “principles” has played a key role in impressive unification projects which aimed to promote harmonization of national contract laws in Europe, such as the PECL (“Principles of European Contract Law”) …

Globalisation And Legal Scholarship In Colombia: Petit Commentaire On William Twining’S 2009 Montesquieu Lecture, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

This article explores the challenges facing legal education in Colombia from the standpoint of law as an arguable tool for social change. It addresses the following question: Are the reasoning, content and skills transmitted to students at law schools in Colombia suitable for addressing the challenges of social change? The author considers that the ideas introduced by Professor Twining on the implications of globalisation for the discipline of law provide rich insights for the Colombian case. The article assumes that Twining's arguments relating to the need for instrumental assistance in legal education so as to properly deal with globalisation are …

Crushing Animals And Crashing Funerals: The Semiotics Of Free Expression, Harold Anthony Lloyd

Harold Anthony Lloyd

This article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and to verbally attack parents of dead soldiers as part of purportedly-public expression). This article maintains that a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice …

Book Review, Tom Ginsburg, Ed., Comparative Constitutional Design, Cameron C. Russell

Cameron C Russell

No abstract provided.

Knives And The Second Amendment, David B. Kopel, Claytom E. Cramer, Joseph P. Olson

David B Kopel

This Article is the first scholarly analysis of knives and the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense.

There is no knife that is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on carrying handguns set the upper limit for restrictions on carrying knives.

Prohibitions on carrying knives in general, or of particular knives, are unconstitutional. For example, bans of knives that open in a convenient way (e.g., …

Sex, Drugs, Alcohol, Gambling, And Guns: The Synergistic Constitutional Effects, David B. Kopel, Trevor Burrus

David B Kopel

In this Article, we discuss the synergistic relationship between the wars‖ on drugs, guns, alcohol, sex, and gambling, and how that relationship has helped illegitimately increase the power of the federal government over the past century. The Constitution never granted Congress the general police power‖ to legislate on health, safety, welfare, and morals; the police power was reserved to the States. Yet over the last century, federal laws against guns, alcohol, gambling, and some types of sex have encroached on the police powers traditionally reserved to the states.

Congress‘s infringement of the States‘ powers over the health, safety, welfare, and …

An Outline Of Roman Civil Procedure, Ernest Metzger

Ernest Metzger

This is a broad discussion of the key feature of Roman civil procedure, including sources, lawmaking, and rules. It covers the three principal models for procedure; special proceedings; appeals; magistrates; judges; and representation. It takes account of new evidence on procedure discovered in the last century, and introduces some of the newer arguments on familiar but controversial topics. Citations to the literature allow further study.

Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli

Carlo A. Pedrioli

This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …

Instrumentalist And Holmesian Voices In The Rhetoric Of Reapportionment: The Opinions Of Justices Brennan And Frankfurter In Baker V. Carr, Carlo A. Pedrioli

Carlo A. Pedrioli

In his autobiography, Chief Justice Earl Warren described Baker v.Carr as “the most important case of [his] tenure on the Court.” Following Brown v. Board of Education by eight years, Baker was the second “blockbuster” case of the Warren Court. Warren felt that, if the progeny of Baker had preceded Brown, Brown would have been unnecessary.

As with other major Supreme Court cases, Baker featured rhetoric from highly influential justices, two of whom in this case were Justice William Brennan and Justice Felix Frankfurter. Justice Brennan would write the groundbreaking opinion for the Court that would be part of “the …

Review Of Someday All This Will Be Yours: A History Of Inheritance And Old Age, Benjamin J. Keele

Benjamin J Keele

Reviews Hendrik Hartog's book on nineteenth and twentieth-century cases involving inheritance and care giving.

Hispanics In The Heartland: The Fremont, Nebraska Immigration Ordinance And The Future Of Latino Civil Rights, Chad G. Marzen

Chad G. Marzen

While Arizona has been labeled by Professor Kristina Campbell as a “modern-day Selma” in the struggle for Latino civil rights, Nebraska has become a state which is a quiet, but promising, state in the movement for Latino civil rights that should not be overlooked. This Article examines not only the issues surrounding the Fremont immigration ordinance, but other recent legislative attempts at the state level to curtail the rights of Latinos in Nebraska. While many such legislative attempts to limit the rights of Latinos in Nebraska have taken place in the past several years, the ruling in the Keller case …

Caución Y Tutela Cautelar Contra La Administración Tributaria - Apuntes Críticos Sobre El Nuevo Artículo 159 Del Código Tributario, Renzo Cavani

Renzo Cavani

No abstract provided.

Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko

Dr. Rafał Mańko

After 1989, the Polish legal elites embraced a transform-ation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As aconsequence, links with the state-socialist past are repressed from thecollective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressedweeds return in the form of symptoms – legal survivals, which lawyerstend to ignore or conceal because they subvert the dominant ideologicalnarrative. In this paper, I focus on metanormative survivals of the So-cialist Legal Tradition in Poland which can all be brought under …

Weeds In The Gardens Of Justice? The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome (Forthcoming), Rafal Manko

Dr. Rafał Mańko

After 1989, the Polish legal elites embraced a transformation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As a con­sequence, links with the state-­socialist past are repressed from the col­lective consciousness of the legal community and presented as post­-Soviet “weeds” in the Polish gardens of justice. However, the repressed weeds return in the form of symptoms – legal survivals, which lawyers tend to ignore or conceal because they subvert the dominant ideological narrative. In this paper, I focus on metanormative survivals of the So­cialist Legal Tradition in Poland which …

The Practical Implications Of Recusal Of Supreme Court Justices: A Response To Professor Swisher, Steven M. Klepper

Maryland Law Review Online

No abstract provided.

A Uniform Perpetuities Reform Act, 16 N.Y.U. J. Legis. & Pub. Pol'y 89 (2013), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

For centuries the Rule Against Perpetuities provided protection against a pair of dangers: that important stocks of property would become, effectively, permanently inalienable as a result of perpetual conditional gifts; and that the dead would be permitted to control the destinies of the living by placing permanent conditions on the fixed stock of available wealth (i.e., land wealth). In recent decades, though, the states have increasingly abandoned the Rule and its protections. As of 2011 all states have migrated, at least in part, beyond the traditional "twenty-one-years- plus-life-in-being" rule, and more than half have actually or effectively abolished their rules, …

Losing All Sense Of Just Proportion: The Peculiar Law Of Accomplice Liability, 87 St. John’S Law Rev. 129 (2013), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Save Our Children: Overcoming The Narrative That Gays And Lesbians Are Harmful To Children, 21 Duke J. Gender L. & Pol'y 125 (2013), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This paper focuses on how gay rights activists had no real choice but to use the court system to advance marriage rights for same-sex couples because they were unable to use the political process to effectively rebut the claim that gays and lesbians were harmful to children. Part I begins with an overview of the ways in which the initiative process has been used to limit gay rights and prevent marriage equality. It then details how, in contrast to the political process, courts have been more receptive to advancing marriage rights for same-sex couples. Part II details Walter Fisher's narrative …