Digital Commons Network^™

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney Harring

Publications and Research

No abstract provided.

The Origins And Historical Understanding Of Free Exercise Of Religion, Michael W. Mcconnell

Articles

No abstract provided.

The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski

Scholarly Articles

This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience.

This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …

Free Speech And Modern Republican Government, Murray Dry

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

The Beginning Of The Constitutional Era: A Bicentennial Comparative Study Of The American And French Constitutions, Rett R. Ludwikowski

Michigan Journal of International Law

This article is intended only to be introductory. The author is quite aware that the period surrounding the creation of the American Constitution has been profoundly studied; thorough analysis has been provided concerning both the origin and historical development of the American Constitution, as well as the intellectual background of the "founding generation." Characteristically, these studies have focused on the "American constitutional tradition," which means that they have been limited to little more than two centuries of colonial experience. This essay follows a different vein of inquiry. The author's purpose is not to add another article to the numerous works …

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

Race, Radicalism, And Reform: Historical Perspective On The 1879 California Constitution, Harry N. Scheiber

UC Law Constitutional Quarterly

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law ... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a …

Worker Participation, Employer Anti-Unionism, And Labor Law: The Case Of The Steel Industry, 1918-1937, Raymond L. Hogler

Hofstra Labor & Employment Law Journal

No abstract provided.

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Publications

No abstract provided.

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring

American Indian Law Review

No abstract provided.

Reimagining The Marshall Court, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This very brief essay seeks to sketch out as well as consider an approach toward legal analysis and reasoning that would aid in the development of an autochthonous Singapore legal system, ' and that, in any event, would probably also be relevant even in more generalized ad hoc situations. It is assumed that many, if not most, of those involved in the discipline of Singapore law desire the construction of an autochthonous legal system, although the skeptic might find - as just mentioned - the approach suggested here of some utility as well.

A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas

Faculty Scholarship

Hegel argues in the preface to the Philosophy of Right that "every individual is a child of his time; so philosophy too is its own time apprehended in thoughts." "It is just as absurd," he maintains, "to fancy [the German word is einbilden: imagine, presume] that a philosophy can transcend its contemporary world as it is to fancy that an individual can overleap his own age, jump over Rhodes." This is a hard saying. It suggests that " '[t]here is not one of our ideas or one of our reflexions which does not carry a date.' " The fact that …

James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Solicitor Tarr Opinion--Pueblo Of Sandia Boundary, Ralph W. Tarr

Sandia Pueblo Mountain Claim

"'The Pueblo claims that approximately 10,000 acres of land were incorrectly excluded from a patent issued to the Pueblo by the United States in 1864 because the surveyor erred in not including all of the land originally granted the Pueblo by the Spanish in 1748. The major portion of the land claimed is managed by the United States Forest Service as parts of the Cibola National Forest and the Sandia Mountain Wilderness. The claimed area includes 665 acres of private inholdings (the ""inholdings"", the ""private inholders"", or the ""inholders""), as well as the Juan Tabo Recreation Area. The Pueblo requests …

Paternalism And Contract: A Critique Of Anthony Kronman, Rochelle Spergel

Cardozo Law Review

No abstract provided.

Vol. 37, No. 11, November 16, 1988, University Of Michigan Law School

Res Gestae

•ACLU's Holton Police Complaint Clinic To Assist With Civil Rights •Henkin Discusses Constitution's Future •Student Decries Duderstadt Selection •Hanging Out the Shingle •If Only Things Slowed Down •And the Charade Continues •Lost in a Sea of Anonymity •Of Mountains, Molehills and Hypersensitivity •Professor Kahn Should Be Ashamed of Himself •Dworkin to Speak on Male "Oppressors" •Renowned Henkin to Present Cooley Lectures •Temple Law To Offer Summer Sessions Abroad •UM to Win in Ohio, Pasadena •Smith, Kooistra Win 5K Run •Law in the Raw

The Gospel According To Roberto: A Theological Polemic, H. Jefferson Powell

Duke Law Journal

No abstract provided.

The New International Economics Applied: Japanese Televisions And U.S. Consumers, Kenneth G. Elzinga

Chicago-Kent Law Review

No abstract provided.

The Handmaiden’S Revenge: On Reading And Using The Newer Sociology Of Civil Procedure, David M. Trubek

Law and Contemporary Problems

No abstract provided.

International Humanitarian Assistance The Right To Life In International Law The Right To Food, L C. Green

Dalhousie Law Journal

When the international community first became interested in the problem of human rights during the second world war and then enunciated those rights in a series of international instruments, there was a tendency among writers to deal with the issue as a comprehensive whole. Now, however, it has become increasingly popular for authors to deal with a specific right to the exclusion of all others.

Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard

Dalhousie Law Journal

This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …

International Law And The Developing Countries, Jeremy Thomas

Dalhousie Law Journal

Professor Anand over the past two-and-a-half decades has established himself as one of the leading Third World publicists of international law. Less rhetorical than some, but just as vigorous, he has championed the development of a new international law based on cooperation in rejection of the old traditional and "Eurocentric" international law. In International Law and the Developing Countries Professor Anand brings together a collection of his previously published essays and wields them into a book for the purpose of evaluating "the traditional law and the process of change that it is undergoing to become a communal law of mankind".

Constitutional Law (Kempo), Jutta Brunnée

Dalhousie Law Journal

In 1976 Carl Heymanns Verlag published the first volume of a series on Japanese law. A recent addition to this collection covering areas as diverse as civil and criminal procedure, labor law, nuclear energy law, and international law, is Miyazawa Toshiyoshi's (1899-1976) book on constitutional law. With this German translation, Robert Heuser and Yamasaki Kazuaki provide their readers with the first systematical overview on Japanese constitutional law in a western language.

143rd University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

143rd University of Notre Dame Commencement and Mass Program including Law School awards

Some Reflections On The Role Of Legal History In Legal Education, David W. Raack

Duquesne Law Review

Despite its recent increase in popularity, the subject of legal history is generally viewed as having relatively little importance in the law school curriculum. While there may at one time have been some justification for this view, the changes in legal history-both as a scholarly discipline and as a law school courseover the past several decades, and the shift away from an exclusive focus on medieval English law, have made legal history a subject with much potential for legal education. A course in legal history can enhance students' understanding of the legal system and the long-term forces at work within …

Constitutional Scholarship: What Next?, Kermit L. Hall

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Constitutional Scholarship: What Next?, Michael P. Zuckert

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.