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Articles 1 - 30 of 37
Full-Text Articles in Law
The Evolution Of Law: Continued, Alan Watson
The Evolution Of Law: Continued, Alan Watson
Scholarly Works
In my book The Evolution of Law I sought to give a general theory of legal evolution based on detailed legal examples from which generalizations could be drawn, offering as few examples as were consistent with my case in order to present as clear a picture as possible. I was well aware as I was writing that some critics would regard the examples as mere isolated aberrations and for them and for other readers who, whether convinced of the thesis or not, would like further evidence, I want here to bring forward a few extra significant examples.
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander
The Transformation Of Trusts As A Legal Category, 1800-1914, Gregory S. Alexander
Cornell Law Faculty Publications
Sometimes we are least aware of that which most affects us. So it seems with respect to legal categories. Lawyers do not take legal categories very seriously today. But they should. Legal categories are central to legal reasoning; indeed it is almost impossible to imagine legal reasoning without the use of categories. Categorical thinking affects every area of law. The purpose of this article is to illuminate, through a case-study, the contingent and ideological character of legal categories. It focuses on the development of trusts into and then as a discrete legal category during the period between the beginning of …
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells
Scholarly Works
Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …
The Illegality Of The Constitution, Richard Kay
The Illegality Of The Constitution, Richard Kay
Faculty Articles and Papers
No abstract provided.
Dworkin And The Legal Process Tradition: The Legacy Of Hart & Sacks, Vincent A. Wellman
Dworkin And The Legal Process Tradition: The Legacy Of Hart & Sacks, Vincent A. Wellman
Law Faculty Research Publications
No abstract provided.
The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp
The History Behind Hansberry V. Lee, 20 U.C. Davis L. Rev. 481 (1987), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
This Article provides the factual background to Hansberry v. Lee, the famous class action case. During the early 1900's, Chicago's black population was kept effectively segregated, primarily through the use of racially restrictive covenants. However, in the 1930's, this system began to break down. The growth of the black population caused an increased demand for black housing, while the Depression reduced the market for white housing. It was at this time that Carl Hansberry bought a house that was covered by a restrictive covenant, generating a lawsuit to have the covenant enforced and the Hansberrys evicted.
Tracing the lawsuit as …
Chapter 3 - Religion, Rights And Difference In The Early Woman's Rights Movement (Previously Published Article), Elizabeth B. Clark
Chapter 3 - Religion, Rights And Difference In The Early Woman's Rights Movement (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
The meeting of feminists at Seneca Falls in July of 1848 marked the nominal beginning of the movement which in the nineteenth century was labeled "woman's rights." For us that term has become commonly interchangeable with "suffrage," and we often assume that "woman's rights" describes a seventy-odd year campaign to gain civil and political power and protection from a government which -- although it had perpetrated outrages against women and blacks -- had an unquestioned legitimacy as the guarantor and enforcer of rights.
Copyright, Compromise And Legislative History, Jessica D. Litman
Copyright, Compromise And Legislative History, Jessica D. Litman
Articles
Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2
Religion, Rights And Difference In The Early Woman's Rights Movement, Elizabeth B. Clark
Religion, Rights And Difference In The Early Woman's Rights Movement, Elizabeth B. Clark
Publications
The meeting of feminists at Seneca Falls in July of 1848 marked the nominal beginning of the movement which in the nineteenth century was labeled "woman's rights." For us that term has become commonly interchangeable with "suffrage," and we often assume that "woman's rights" describes a seventy-odd year campaign to gain civil and political power and protection from a government which -- although it had perpetrated outrages against women and blacks -- had an unquestioned legitimacy as the guarantor and enforcer of rights.
Legal Fiction, James Boyle
Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen
Taking Liberties: Privacy, Private Choice, And Social Contract Theory, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne
Faculty Publications
Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.
Legality And Empathy, Lynne Henderson
Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo
Miscegenation, Eugenics, And Racism: Historical Footnotes To Loving V. Virginia, Paul A. Lombardo
Faculty Publications By Year
No abstract provided.
Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch
Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch
Journal Articles
No abstract provided.
Archival Research In The History Of The Law: A User's Perspective, Douglas Hay
Archival Research In The History Of The Law: A User's Perspective, Douglas Hay
Articles & Book Chapters
Legal history and the social history of law have become very active fields of research in Britain, the United States, and Canada in the past ten years. Moreover, they have begun to affect each other, so that social historians are now much more sensitive to doctrinal changes, shifts in legal rules, and legal concepts, while legal historians increasingly appreciate that explaining legal change – or the lack of it – may require extensive research outside the law library. In short, lawyers and historians are beginning to meet not only in law libraries, but also in archives. And, like all users, …
Equity And Equitable Remedies, William Hamilton Bryson
Equity And Equitable Remedies, William Hamilton Bryson
Law Faculty Publications
Encyclopedia entry on Equity and Equitable Remedies in the Encyclopedia of the American judicial system : studies of the principal institutions and process of law.
Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power
Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power
Faculty Scholarship
Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature …
Beyond The Ordinary Religion, Roger C. Cramton
Beyond The Ordinary Religion, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle
Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle
Journal Articles
The natural-law theory on which we have been working during the past twenty-five years has stimulated many critical responses. We have restated the theory in various works, not always calling attention to developments. This paper reformulates some parts of the theory, taking into account the criticisms of which we are aware.
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff
Publications
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt
Journal Articles
In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.
American Indians And The Bicentennial, Richard B. Collins
American Indians And The Bicentennial, Richard B. Collins
Publications
No abstract provided.
Antitrust Practice And Procedure In The Formative Era: The Constitutional And Conceptual Reach Of State Antitrust Law, 1880-1918, James May
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank
Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad
Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr
The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr
Faculty Works
The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …
The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele
The Activity Of Being A Lawyer: The Imaginative Pursuit Of Implications And Possibilities, Thomas D. Eisele
Faculty Articles and Other Publications
If law as an activity emerged naively and unpremeditated, as a direction of attention pursued without premonition of what it would lead to, then by now it has hollowed out a character for itself, as Oakeshott says, and has become specified in a "practice." Having acquired this firmness of character, as Oakeshott further says, law may present itself as a puzzle, thus provoking reflection. Thinking about law in this manner or mood is something that I wish to call "philosophy of law," and this is itself an honorable activity with a character and mannerisms of its own.2 In law school, …