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Legal History

1991

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Articles 1 - 30 of 97

Full-Text Articles in Law

The Opinion Volume 32 Number 8 – November 25, 1991, The Opinion Nov 1991

The Opinion Volume 32 Number 8 – November 25, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 25, 1991


The Opinion Volume 32 Number 7 – November 12, 1991, The Opinion Nov 1991

The Opinion Volume 32 Number 7 – November 12, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 12, 1991


The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier Nov 1991

The Use And Abuse Of Humanistic Theory In Law: Reexamining The Assumptions Of Interdisciplinary Legal Scholarship, Charles W. Collier

UF Law Faculty Publications

No abstract provided.


An Interpretive History Of Modern Equal Protection, Michael Klarman Nov 1991

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …


The Opinion Volume 32 Number 6 – October 29, 1991, The Opinion Oct 1991

The Opinion Volume 32 Number 6 – October 29, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 29, 1991


The Opinion Volume 32 Number 5 – October 16, 1991, The Opinion Oct 1991

The Opinion Volume 32 Number 5 – October 16, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 16, 1991


The Opinion Volume 32 Number 4 – October 1, 1991, The Opinion Oct 1991

The Opinion Volume 32 Number 4 – October 1, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1991


Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt Oct 1991

Law And Society In A New South Community: Durham County, North Carolina, 1898-1899, James L. Hunt

Articles

No abstract provided.


Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon Oct 1991

Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon

Dalhousie Law Journal

In the wake of a protracted period of faculty unrest at the University of Saskatchewan, two decisions of the province's Labour Relations Board, and an award of a sole arbitrator will have more enduring significance than the dispute that engendered them. In this paper I propose to consider this trilogy and comment on its importance in an assessment of labour relations in an academic setting.


The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill Oct 1991

The Origin And Evolution Of The Attorney And Solicitor In The Legal Profession Of Nova Scotia, Barry Cahill

Dalhousie Law Journal

D.G. Bell has observed that the torrent "of historical writing on Canadian legal education has yet to be matched by intensive study of the legal profession itself." The aim of the present paper is to demonstrate that, for eighteenth- and early nineteenth-century Nova Scotia, the development of the legal profession was so closely linked to the evolution of the superior courts, especially the Court of Chancery, that the former cannot be studied in isolation from the latter. By the time Halifax was founded in 1749, the attorney at law and solicitor in equity had not only been statutorily entrenched as …


An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay Oct 1991

An Essay On Institutional Responsibility: The Indigenous Blacks And Micmac Programme At Dalhousie Law School, Richard F. Devlin, A Wayne Mackay

Dalhousie Law Journal

Dalhousie Law School, like most other law schools, as a tribute to its graduates and as a manifestation of its traditions, adorns its walls with class photographs of years gone by. However, if one were to stop and scrutinize more carefully these pictures one might want to reconsider the tradition in a more circumspect light. Perhaps one might notice that until the nineteen sixties women were few and far between and that even now they still make up less than half of most graduating classes. More conspicuous still, is the general absence of First Nations peoples from the celebratory pageant. …


The Opinion Volume 32 Number 3 – September 17, 1991, The Opinion Sep 1991

The Opinion Volume 32 Number 3 – September 17, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 17, 1991


The Opinion Volume 32 Number 2 – September 3, 1991, The Opinion Sep 1991

The Opinion Volume 32 Number 2 – September 3, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 3, 1991


Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld Sep 1991

Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld

Washington and Lee Law Review

No abstract provided.


A Slave's Marriage: Dowry Or Deposit, Alan Watson Sep 1991

A Slave's Marriage: Dowry Or Deposit, Alan Watson

Scholarly Works

This articles examines the concept of dowry among marriage of slaves in ancient Rome.


The Opinion Volume 32 Number 1 – August 19, 1991, The Opinion Aug 1991

The Opinion Volume 32 Number 1 – August 19, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 19, 1991


Confessions, Criminals, And Community, Sheri Lynn Johnson Jul 1991

Confessions, Criminals, And Community, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.


Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill Jul 1991

Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill

Indiana Law Journal

No abstract provided.


The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann May 1991

The Law's Conscience: Equitable Constitutionalism In America, Neil A. Riemann

Michigan Law Review

A Review of The Law's Conscience: Equitable Constitutionalism in America by Peter Charles Hoffer


Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes May 1991

Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes

Dalhousie Law Journal

In The Civil Law System of the Province of Quebec, Jean-Gabriel Castel writes, To know the Quebec law of contract, it is sufficient to read the articles of the Civil Code dealing with this topic and the cases decided since its enactment. If in the common-law system it is absolutely necessary to know history to understand, for instance, the essential division between law and equity ... this is not the case in France or in Quebec. There, the civil law is logically organized, it is not the product of a historical evolution or of a long line of decided cases. …


The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom May 1991

The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom

Dalhousie Law Journal

It may be uninspiring to begin a sketch of the UBC Law Faculty since 1981 by talking about money, but the Faculty's financial circumstances during this period are the key to much of what follows. For about five years from 1982, the provincial government's fiscal watchword was "restraint", which so far as the universities were concerned meant, in the early years, actually cutting operating grants and, later on, keeping a fairly tight lid on them. UBC's budget fell in absolute terms for three successive years, and continued to slip in real terms for another year or two. The Law Faculty …


The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson May 1991

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …


Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan May 1991

Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan

Michigan Law Review

A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg


From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham May 1991

From Blackstone To Bentham: Common Law Versus Legislation In Eighteenth-Century Britain, James Oldham

Michigan Law Review

A Review of The Province of Legislation Determined: Legal Theory in Eighteenth Century Britain by David Lieberman


Roman Law As A Political Agenda, Mathias Reimann May 1991

Roman Law As A Political Agenda, Mathias Reimann

Michigan Law Review

A Review of The Legacy of Roman Law in the German Romantic Era by James Q. Whitman


The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn May 1991

The American Indian In Western Legal Thought: The Discourses Of Conquest, Melissa L. Koehn

Michigan Law Review

A Review of The American Indian in Western Legal Thought: The Discourses of Conquest by Robert A. Williams, Jr.


Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke May 1991

Moral Foundations Of Constitutional Thought: Current Problems, Augustinian Prospects, Arthur J. Burke

Michigan Law Review

A Review of Moral Foundations of Constitutional Thought: Current Problems, Augustinian Prospects by Graham Walker


Women And Law In Classical Greece, Craig Y. Allison May 1991

Women And Law In Classical Greece, Craig Y. Allison

Michigan Law Review

A Review of Women in Law in Classical Greece by Raphael Sealey


From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr. May 1991

From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr.

Michigan Law Review

A Review of The Human Measure: Social Thought in the Western Legal Tradition by Donald R. Kelley


Justice, Mercy, And Late Medieval Governance, Pat Mccune May 1991

Justice, Mercy, And Late Medieval Governance, Pat Mccune

Michigan Law Review

A Review of Kingship, Law, and Society: Criminal Justice in the Reign of Henry V by Edward Powell