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Articles 1 - 28 of 28

Full-Text Articles in Law

The Politics Of Statutory Construction, Daniel M. Harris Nov 1985

The Politics Of Statutory Construction, Daniel M. Harris

BYU Law Review

No abstract provided.


Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas Sep 1985

Origins Of The Common Law (A Three-Part Series)-Part Ii. Anglo-Saxon Antecedents Of The Common Law, David A. Thomas

BYU Law Review

No abstract provided.


Legal Questions In Perspective, John Paul Stevens Apr 1985

Legal Questions In Perspective, John Paul Stevens

Florida State University Law Review

No abstract provided.


Samuel Enoch Stumpf: A Man Of Many Dimensions, Joe B. Wyatt, Chancellor Apr 1985

Samuel Enoch Stumpf: A Man Of Many Dimensions, Joe B. Wyatt, Chancellor

Vanderbilt Law Review

For more than a generation, Professor Stumpf's students and colleagues have enjoyed the luxury of learning from a man whose own interests and expertise cross traditional lines in academic disciplines and whose analysis of problems, issues, and ideas arches high above the traveled paths of those disciplines.


Unequal Laws Unto A Savage Race: European Legal Traditions In Arkansas, 1686-1836, Robert R. Wright Apr 1985

Unequal Laws Unto A Savage Race: European Legal Traditions In Arkansas, 1686-1836, Robert R. Wright

University of Arkansas at Little Rock Law Review

No abstract provided.


The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce Apr 1985

The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce

Michigan Law Review

This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.


The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson Mar 1985

The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson

BYU Law Review

No abstract provided.


The Crisis Of The Western Legal Tradition, William Chester Jordan Feb 1985

The Crisis Of The Western Legal Tradition, William Chester Jordan

Michigan Law Review

A Review of Law and Revolution: The Formation of the Western Legal Tradition by Harold J. Berman


The Birth Of A Public Corporation, Jon C. Teaford Feb 1985

The Birth Of A Public Corporation, Jon C. Teaford

Michigan Law Review

A Review of Public Property and Private Power: The Corporation of the City of New York in American Law, 1730-1870. by Hendrik Hartog


Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review Feb 1985

Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review

Michigan Law Review

A Review of Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise by A.W. Brian Simpson


Their Litigious Society, A.W. Brian Simpson Feb 1985

Their Litigious Society, A.W. Brian Simpson

Michigan Law Review

A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer


Impeachment In America, 1635-1805, Michigan Law Review Feb 1985

Impeachment In America, 1635-1805, Michigan Law Review

Michigan Law Review

A Review of Impeachment in America, 1635-1805 by Peter Charles Hoffer and N.E.H. Hull


The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review Feb 1985

The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review

Michigan Law Review

A Review of The Well-Ordered Police State: Social and Institutional Change Through Law in the Germanies and Russia, 1600-1800 by Marc Raeff


The Political Theory Of The Federalist And The Authority Of Publius, Michigan Law Review Feb 1985

The Political Theory Of The Federalist And The Authority Of Publius, Michigan Law Review

Michigan Law Review

A Review of The Political Theory of the Federalist by David F. Epstein and The Authority of Publius by Albert Furtwangler


The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown Jan 1985

The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown

University of Michigan Journal of Law Reform

The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.


Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C. Jan 1985

Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.

Penn State International Law Review

This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.


The Invention And Reinvention Of Welfare Rights, William H. Simon Jan 1985

The Invention And Reinvention Of Welfare Rights, William H. Simon

Maryland Law Review

No abstract provided.


Reflections On Labor, Power, And Society , James B. Atleson Jan 1985

Reflections On Labor, Power, And Society , James B. Atleson

Maryland Law Review

No abstract provided.


Survey Of Developments In Maryland Law, 1983-84 Jan 1985

Survey Of Developments In Maryland Law, 1983-84

Maryland Law Review

No abstract provided.


Does Karl Klare Protest Too Much?, Matthew W. Finkin Jan 1985

Does Karl Klare Protest Too Much?, Matthew W. Finkin

Maryland Law Review

No abstract provided.


Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl E. Klare Jan 1985

Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl E. Klare

Maryland Law Review

No abstract provided.


Traditional Labor Law Scholarship And The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare Jan 1985

Traditional Labor Law Scholarship And The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare

Maryland Law Review

No abstract provided.


Introduction, John Makdisi Jan 1985

Introduction, John Makdisi

Cleveland State Law Review

No abstract provided.


The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq Jan 1985

The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq

Cleveland State Law Review

It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …


Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy Jan 1985

Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy

Maryland Law Review

No abstract provided.


The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi Jan 1985

The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi

Cleveland State Law Review

Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …


English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny Jan 1985

English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny

Cleveland State Law Review

In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …


Formal Rationality In Islamic Law And The Common Law, John Makdisi Jan 1985

Formal Rationality In Islamic Law And The Common Law, John Makdisi

Cleveland State Law Review

Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …