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Law

Selected Works

2015

Articles 91 - 100 of 100

Full-Text Articles in Arts and Humanities

Table Annexed To Article: Superfounders (And Others) Count Wins And Losses In The First Federal Elections, 2 Ocl 163, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: Superfounders (And Others) Count Wins And Losses In The First Federal Elections, 2 Ocl 163, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has calendared wins and losses in the first federal elections by delegates, subdividing these fifty-five into SuperFounder, Near-Founders, No-Founders and those lacking any previous experience. This taxonomy is drawn from Who Were The SuperFounders? And Why Does It Matter?, 2 OCL 117 and the data are treated as a species of convention behavior with interdependency of variables – you were probably less likely to serve on committees and speaking for propositions if you were lacked the ambition to attain one of the 107 federal offices – deferred for further study. OCL has also addressed election results in …

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Table Annexed To Article: Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In Twenty-Five Votes that Made the Presidency Our Constitutional Logic surveyed votes taken on August 24, September 5 and September 6. OCL tables the number of times the delegates to the convention acted on these 25 occasions. Motions made, jointly made, seconded, as well as speaking for and speaking against the motion are calendared by delegate. Five of 22 actions by Slave_Owners are scored to James Madison; 7 of 31 action by non-Slave_owners were taken by Hugh Williamson of North Carolina.

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Table Annexed To Article: Why Is March The Fourth March The Fourth? Excerpts From The Journals Of The Continental Congress, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: Why Is March The Fourth March The Fourth? Excerpts From The Journals Of The Continental Congress, Peter J. Aschenbrenner

Peter J. Aschenbrenner

On September 13, 1788 the Continental Congress set the first Wednesday in March, 1789 as the date on which the first federal congress was to launch government operations, that is, principally, building the legal infrastructure of the new government. Although Congress had the power to move the date set forth in the constitution itself (the first Monday in December, via Article 1, Section 4, Clause 4) for the opening of its annual sessions, this did not occur until the adoption of the Twentieth Amendment. Section 1 thereof set the opening date for the 74th Congress at January 3, 1935 under …

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New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp Dec 2014

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

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Table Annexed To Article: The Capture Of The City Of Washington In Mr Text Format, Peter J. Aschenbrenner Dec 2014

Table Annexed To Article: The Capture Of The City Of Washington In Mr Text Format, Peter J. Aschenbrenner

Peter J. Aschenbrenner

The first post-mortem on the fall of Washington, commissioned from a committee of the House of Representatives under the leadership of Richard M. Johnson of kentucky, appeared in the American State Papers, Military Affairs subdivision, as Doc. No. 137, at Pages 524-599. The work was published in Washington by Gales and Seaton with documents of Congressional provenance selected by the Secretary of the Senate and the Clerk of the House. The Capture is not merely an exemplar of public history, the actors who participate in the events they relate self-consciously vouch for their role as historians of the moment. “In …

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Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani Dec 2014

Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani

Karen M. Tani


This Article intervenes in a burgeoning literature on “administrative constitutionalism,” the phenomenon of federal agencies—rather than courts—assuming significant responsibility for elaborating the meaning of the U.S. Constitution.  Drawing on original historical research, I document and analyze what I call “administrative equal protection”: interpretations of the Fourteenth Amendment’s Equal Protection Clause in a key federal agency at a time when the Clause’s meaning was fiercely contested.  These interpretations are particularly important because of their interplay with cooperative federalism—specifically, with states’ ability to exercise their traditional police power after accepting federal money.
The Article’s argument is based on a story of change …

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Virtue Ethics, Rule Of Law, And Self-Restriction, Stephen C. Angle Dec 2014

Virtue Ethics, Rule Of Law, And Self-Restriction, Stephen C. Angle

Stephen C. Angle

It is a provocative coincidence that 1958 saw the publication of both Elizabeth Anscombe’s “Modern Moral Philosophy,” an essay widely seen as initiating the revival of Western philosophical interest in virtue ethics, and the “Manifesto to the World’s People on Behalf of Chinese Culture,” a jointly-authored argument that Confucianism was still alive and had much to offer to the world. A great deal of research and debate has flowed from each of these sources over the last half-century, but so far there has been very little dialogue between modern Western virtue ethics and modern Confucianism.1 Scholars of ancient Confucianism …

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Pragmatism On The Shoulders Of Emerson: Oliver Wendell Holmes Jr.'S Jurisprudence As A Synthesis Of Emerson, Peirce, James, And Dewey, Allen P. Mendenhall Dec 2014

Pragmatism On The Shoulders Of Emerson: Oliver Wendell Holmes Jr.'S Jurisprudence As A Synthesis Of Emerson, Peirce, James, And Dewey, Allen P. Mendenhall

Allen Mendenhall

Oliver Wendell Holmes Jr. turned forty in 1881. The publication of The Common Law that year afforded him the opportunity to express his jurisprudence to a wide audience. Over the next year, he would become a professor at Harvard Law School and then, a few months later, an associate justice of the Massachusetts Supreme Judicial Court. Emerson died in 1882, and Holmes began to articulate Emersonian pragmatism in new ways more suited for the industrial, post-Civil War environment in which transcendentalism no longer held credence. This essay examines Holmes's adaptation of Emersonian pragmatism as a synthesis of some pragmatic theories …

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Desapropriação E Os Debates Sobre A Intervenção Do Estado Na Propriedade, Prof. Dr. Eloi Martins Senhoras Dec 2014

Desapropriação E Os Debates Sobre A Intervenção Do Estado Na Propriedade, Prof. Dr. Eloi Martins Senhoras

Elói Martins Senhoras

No abstract provided.

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Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner Dec 2014

Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner

Peter J. Aschenbrenner

In Twenty-Five Votes that Made the Presidency Our Constitutional Logic surveyed votes taken on August 24, September 5 and September 6. OCL tables the number of times the delegates to the convention acted on these 25 occasions. Motions made, jointly made, seconded, as well as speaking for and speaking against the motion are calendared by delegate. Five of 22 actions by Slave_Owners are scored to James Madison; 7 of 31 action by non-Slave_owners were taken by Hugh Williamson of North Carolina.

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