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Full-Text Articles in History

From India To The Atlantic World: "Indian Grants" And The Imperial Jurisprudence Of The Eighteenth Century, Arthur Mitchell Fraas Jan 2012

From India To The Atlantic World: "Indian Grants" And The Imperial Jurisprudence Of The Eighteenth Century, Arthur Mitchell Fraas

Arthur Mitchell Fraas

No abstract provided.


Readers, Scribes, And Collectors: The Dissemination Of Legal Knowledge In Eighteenth-Century British South Asia, Arthur Mitchell Fraas Dec 2011

Readers, Scribes, And Collectors: The Dissemination Of Legal Knowledge In Eighteenth-Century British South Asia, Arthur Mitchell Fraas

Arthur Mitchell Fraas

This draft paper - first presented at the Middle Eastern Studies Association annual conference in 2012 - looks at the circulation of legal knowledge in print and manuscript in eighteenth-century British India.


Bad News For John Marshall, David B. Kopel, Gary Lawson Dec 2011

Bad News For John Marshall, David B. Kopel, Gary Lawson

David B Kopel

In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.