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The Riccobono Seminar Of Roman Law In America: The Lost Years, Timothy G. Kearley 2018 University of Wyoming

The Riccobono Seminar Of Roman Law In America: The Lost Years, Timothy G. Kearley

Timothy G. Kearley

The Riccobono Seminar was the preeminent source of intellectual support for Romanists in the U.S. during the middle of the twentieth century. In the course of the Seminar's existence, many of the era's greatest Roman law scholars gave presentations at the Riccobono Seminar. The Seminar's history after it came under the aegis of the Catholic University of America in 1935 has been readily available, but not so for the earliest years of 1930-35, when it moved among several law schools in the District of Columbia. This paper uses archival information and newspaper articles to describe the ...


The Architecture Of Law: Building Law In The Classical Tradition, Brian M. McCall 2018 University of Oklahoma

The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall

Brian M McCall

The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages.
Along with McCall’s development of the architectural image, he raises a question that becomes a ...


The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg 2018 St. Mary's University

The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg

St. Mary's Journal on Legal Malpractice & Ethics

In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to ...


It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora 2018 Pavlack Law, LLC

It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora

St. Mary's Journal on Legal Malpractice & Ethics

Due largely to an overlap of authority between disciplinary bodies charged with supervising the professional conduct of attorneys and the authority of courts to supervise litigation, the ethical ramifications of routine discovery abuses often pass without comment. That is because disciplinary authorities routinely defer to courts to police litigation behavior despite courts frequently rejecting the role of enforcers of professional rules. A further contributing factor to unethical conduct becoming routine practice in discovery are ill-defined parameters and a dearth of guidance. One tool in particular, requests for admission, has gone overlooked in the literature and caselaw, but poses unique ethical ...


The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav 2018 University of San Francisco

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy ...


Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, Rob Warden, Daniel Lennard 2018 Center on Wrongful Convictions, Bluhm Legal Clinic, Northwestern University Pritzker School of Law

Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, Rob Warden, Daniel Lennard

Northwestern Journal of Law & Social Policy

No abstract provided.


Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson 2018 University of Maryland Francis King Carey School of Law

Interpretation As Statecraft: Chancellor Kent And The Collaborative Era Of American Statutory Interpretation, Farah Peterson

Maryland Law Review

No abstract provided.


An Evaluation Of Historical Evidence For Constitutional Construction From The First Congress' Debate Over The Constitutionality Of The First Bank Of The United States, Lee J. Strang 2018 University of St. Thomas, Minnesota

An Evaluation Of Historical Evidence For Constitutional Construction From The First Congress' Debate Over The Constitutionality Of The First Bank Of The United States, Lee J. Strang

University of St. Thomas Law Journal

No abstract provided.


America's First Great Constitutional Controversy: Alexander Hamilton's Bank Of The United States, Charles J. Reid 2018 University of St. Thomas, Minnesota

America's First Great Constitutional Controversy: Alexander Hamilton's Bank Of The United States, Charles J. Reid

University of St. Thomas Law Journal

No abstract provided.


The Jeffersonian Republicans Vs. The Federalist Courts, Kevin R. C. Gutzman 2018 University of St. Thomas, Minnesota

The Jeffersonian Republicans Vs. The Federalist Courts, Kevin R. C. Gutzman

University of St. Thomas Law Journal

No abstract provided.


The Supreme Court Before John Marshall, Scott Douglas Gerber 2018 University of St. Thomas, Minnesota

The Supreme Court Before John Marshall, Scott Douglas Gerber

University of St. Thomas Law Journal

No abstract provided.


Race, Slavery, And Federal Law, 1789-1804: The Creation Of Proslavery Constitutional Law Before Marbury, Paul Finkelman 2018 University of St. Thomas, Minnesota

Race, Slavery, And Federal Law, 1789-1804: The Creation Of Proslavery Constitutional Law Before Marbury, Paul Finkelman

University of St. Thomas Law Journal

No abstract provided.


Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu 2018 St. Mary's University School of Law

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase

Nevada Law Journal

No abstract provided.


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz 2018 Syracuse University

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


The Rise-And-Fall Of Leading International Financial Centers: Factors And Application, Adam Church 2018 University of Michigan Law School

The Rise-And-Fall Of Leading International Financial Centers: Factors And Application, Adam Church

Michigan Business & Entrepreneurial Law Review

This Note will look at the role of four broad factors that correspond with the rise-and-fall cycles among leading international financial centers. The four factors are: trust in a financial center’s abilities; the central banking and monetary policy systems of the center’s home nation; the home nation’s landscape of financial policy and regulation; and the overall stability of the financial center itself. First, this Note will undertake a broad historical survey of the shifts in prominence from Amsterdam to London, from London to New York, and from New York back to London to define the scope of ...


When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner 2018 University of Arkansas at Little Rock William H. Bowen School of Law

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...


Fiction In The Code: Reading Legislation As Literature, Thomas J. McSweeney 2018 William and Mary Law School

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Georgia State University Law Review

One of the major branches of the field of law and literature is often described as “law as literature.” Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes.

Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


The Unsuspected Francis Lieber, Richard Salomon 2018 The Graduate Center, City University of New York

The Unsuspected Francis Lieber, Richard Salomon

All Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his ...


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