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Articles 1 - 30 of 47
Full-Text Articles in Law
Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell
Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
No abstract provided.
Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen
Priorities In Accounts: The Crazy Quilt Of Current Law And A Proposal For Reform, Dan T. Coenen
Scholarly Works
Moe Promisee has a right under a contract to receive monetary payments from Mae Promisor. Moe assigns his right first to Faye and then to Clay. Whom must Mae pay, Faye or Clay? For more than a century, judges have struggled with successive assignments to different persons of the same contract right. These cases which typically involve rights to monetary payments called "accounts" have generated subtleties of doctrine and disagreements among courts. Today, as a general rule, the Uniform Commercial Code controls these cases. Ambiguities, however, lurk in the code. Cryptic common-law doctrines also continue to govern many successive-assignment problems. …
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt
Articles
No abstract provided.
The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall
The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall
Cornell Law Faculty Publications
No abstract provided.
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla
Faculty Publications
No abstract provided.
Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman
Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman
Faculty Articles and Papers
No abstract provided.
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
The Scottish Enlightenment, The Democratic Intellect And The Work Of Madame Justice Wilson, Alan Watson
Scholarly Works
To talk of Madame Justice Wilson in the context of her Scottish background, the Scottish Enlightenment and the Democratic Intellect is one of the most exciting yet daunting tasks I have undertaken. A huge problem, which I will mention first but not discuss, has been to get to grips with her towering intellect. As will become clear, this problem was much diminished by Madame Justice Wilson herself: she writes with a simplicity, grace, rationality and humanity that may even lead one to underestimate the complexity of her thought.
The Formal Character Of Law, Robert S. Summers
The Formal Character Of Law, Robert S. Summers
Cornell Law Faculty Publications
No abstract provided.
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
Federal Judgments Law: Sources Of Authority And Sources Of Rules, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Book Review Of The Charlemagne Tower Collection Of Colonial Laws, James S. Heller
Book Review Of The Charlemagne Tower Collection Of Colonial Laws, James S. Heller
Library Staff Publications
No abstract provided.
Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson
Thinking Things, Not Words: Irvin Rutter's Pragmatic Jurisprudence Of Teaching, Gordon A. Christenson
Faculty Articles and Other Publications
Those of us in legal education and in the profession of law are in debt to the Law Review for publishing in this issue the last work of the late Professor Irvin Rutter, Law, Language, and Thinking Like a Lawyer.
On the occasion of Irvin Rutter's retirement in 1980, I briefly summarized these earlier contributions, locating them within the legal realist tradition, and we awaited the publication of his last work, then still in draft not quite satisfactory to Professor Rutter. In this essay, I situate his final work on teaching law in the pragmatist tradition with special emphasis on …
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Review Of Kingship, Law And Society: Criminal Justice In The Reign Of Henry V, Thomas A. Green
Reviews
Edward Powell's splendid study of Henry V's strategy for keeping peace among magnate and gentry factions represents an important contribution to the history of criminal justice. After providing a panoramic view of the machinery of criminal justice, Powell analyzes the extent to which that machinery was effective as between the Crown, at the center, and the upper echelons of society in the provinces. His conclusion, not surprisingly, is that the regular processes of common-law criminal administration could not easily be deployed at those levels. But Powell does not let the matter drop there. Kingship, Law, and Society presents a lucid …
I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog
I Hear A Rhapsody: A Reading Of The Republic Of Choice, Donald J. Herzog
Reviews
Readers coming to another volume by Lawrence Friedman might well expect a tightly crafted legal history. But this book is quite different. It offers a sweeping account of the transformation of modern law, a synoptic overview of what is finally distinctive about our legal culture, even a broadbrushed portrait of Western individualism. It does so breathlessly, in prose style and velocity. It's sometimes an engaging read, sometimes a distressing one, but-and here's what really matters-never a persuasive one. Or, worse yet, when it is persuasive it's because of its poetic and ideological features, not any kind of rigorous analysis.
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch
Journal Articles
No abstract provided.
Preserving The Past, Roger J. Miner '56
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Abstract Democracy: A Review Of Ackerman's We The People, Terrance Sandalow
Reviews
We the People: Foundations is an ambitious book, the first of three volumes in which Professor Ackerman proposes to recast conventional understanding of and contemporary debate about American constitutional law. Unfortunately, the book's rhetoricinflated, self-important, and self-congratulatory-impedes the effort to come to terms with its argument. How, for example, does one respond to a book that opens by asking whether the reader will have "the strength" to accept its thesis? Or that announces the author's intention of "engaging" two of the most influential works of intellectual history of the past several decades-and then discusses one in two and one-half pages …
Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen
Ignoring History: The Liability Of Ships' Masters, Innkeepers And Stablekeepers Under Roman Law, David S. Bogen
Faculty Scholarship
No abstract provided.
"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek
"Legal Theory And Practice" Development At The University Of Maryland: One Teacher's Experience In Programmatic Context, Barbara L. Bezdek
Faculty Scholarship
No abstract provided.
Proof In Law And Science, David H. Kaye
Proof In Law And Science, David H. Kaye
Journal Articles
This article addresses proof in both science and law. Both disciplines utilize proof of facts and proof of theories, but for different purposes and, consequently, in different ways. Some similarities exist, however, in how both disciplines use a series of premises followed by a conclusion to form an argument, and thus constitute a logic. This article analyzes the ways in which legal logic and scientific logic differ. Finding facts in law involves the same logic but quite different procedures than scientific fact-finding. Finding, or rather constructing, the law is also very different from scientific theorizing. But such differences do not …
150 Years Of Research : A Bibliography Of The Indiana University School Of Law Faculty, 1842-1992, Linda K. Fariss
150 Years Of Research : A Bibliography Of The Indiana University School Of Law Faculty, 1842-1992, Linda K. Fariss
150 Years of Research: A Bibliography of Indiana University School of Law Faculty, 1842-1992
Compiled for the law school's sesquicentennial in 1992, this work contains comprehensive entries for all past and then current faculty members, listing works written before and during their time at the law school.
Law library librarians Keith A. Buckley, Mitchell E. Counts, Ralph F. Gaebler, Michael M. Maben, Marianne Mason, F. Richard Vaughan and Nona K. Watt contributed to the bibliography and Linda K. Fariss edited.
Speaking Of Rights, Janet Ainsworth
Speaking Of Rights, Janet Ainsworth
Faculty Articles
Professor Janet Ainsworth reviews Rights Talk: The Impoverishment of Political Discourse, by Mary Ann Glendon. The thesis of Mary Ann Glendon's book is a provocative one: that the way in which Americans talk about rights is dangerous to our political and social well-being as a nation. Professor Ainsworth explores the specifics of rights discourse that Glendon describes, and provides a thorough critique of Rights Talk.
The Legal Basis Of Aboriginal Title, Brian Slattery
The Legal Basis Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.
The Economic Structure Of The Post-Contractual Corporation, William W. Bratton
The Economic Structure Of The Post-Contractual Corporation, William W. Bratton
All Faculty Scholarship
No abstract provided.
Remarks: The Second Century Of The Second Circuit, Roger J. Miner '56
Remarks: The Second Century Of The Second Circuit, Roger J. Miner '56
Federal Court System and Administration
No abstract provided.
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
Scholarly Works
In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
Faculty Scholarship
No abstract provided.
Some Problems With "Origins", Stephen A. Conrad
Some Problems With "Origins", Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Toward Global Citizenship In International Environmental Law, David Hunter
Toward Global Citizenship In International Environmental Law, David Hunter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Sin, Scandal, And Substantive Due Process, Wendy Collins Perdue
Law Faculty Publications
For students of civil procedure, the names Pennoyer and Neff evoke these dry facts: In an initial suit, one J.H. Mitchell sued Neff in Oregon state court. Because Neff could not be found within Oregon, he was served by publication. Neff never appeared, and a default judgment was entered against him. To satisfy the judgment, Mitchell attached Neff's Oregon real estate. The property was sold at auction, and Pennoyer later acquired it. Nearly a decade later, Neff returned to Oregon and brought suit in federal court to evict Pennoyer from the land, claiming that the original judgment was invalid. The …