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Articles 61 - 90 of 343
Full-Text Articles in Law
"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy
"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy
Frederick W. Dingledy
No abstract provided.
Defending Truth, Cynthia V. Ward, Peter A. Alces
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Correspondence: The Stuff Of Constitutional Law, Neal Devins
Neal E. Devins
No abstract provided.
Government Lawyers And The New Deal, Neal Devins
The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades
Eric A. Kades
No abstract provided.
The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades
Eric A. Kades
No abstract provided.
The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green
The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green
Michael S. Green
According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has …
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green
Michael S. Green
In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins
Neal E. Devins
No abstract provided.
The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas
The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas
The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas
Davison M. Douglas
The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures at George Washington Law School of …
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas
Davison M. Douglas
Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the exercise of …
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
Foreword: The Legacy Of St. George Tucker, Davison M. Douglas
Davison M. Douglas
No abstract provided.
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas
Davison M. Douglas
No abstract provided.
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl
Aaron-Andrew P. Bruhl
No abstract provided.
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Carlisle Moody
No abstract provided.
Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen
Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen
Allison Orr Larsen
You may know that it was signed in Philadelphia in 1787, that the oldest signer was Benjamin Franklin and that it doesn’t include the word “democracy.” William & Mary Law Professor Allison Orr Larsen, an expert in constitutional law, can tell you a lot more about it. With Constitution Day (Sept. 17, 2018) upon us, Professor Larsen talks about the document’s strengths and weaknesses and its major misconceptions. And she discusses what she thinks will have to happen before it is amended again.
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden
School of Law Conferences, Lectures & Events
No abstract provided.
Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden
Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Research Collection Yong Pung How School Of Law
A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …
E-Notice And Comment On Due Process, Sergio J. Campos
Downgrading Superprecedents, R. George Wright
Downgrading Superprecedents, R. George Wright
West Virginia Law Review
No abstract provided.
Bulwark Of Equality: The Jury In America, Nino C. Monea
Bulwark Of Equality: The Jury In America, Nino C. Monea
West Virginia Law Review
Many decry the state of societal inequality in modern America. Juries are not normally thought of as part of the solution, but history shows that they should be. It reveals that juries oftentimes advanced the interests of the poor and lowly when no one else would. It also reveals that powerful interests—government and corporate—have sought to disempower juries that rule in favor of marginalized groups. This Article examines four contexts throughout our history where juries have enhanced societal equality. (1) In early America, they resisted the British government and in the nascent republic were friends to debtors and farmers. (2) …
El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura
El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura
Dissertations, Theses, and Capstone Projects
In 1593, the Judge Mateo Alemán was in charge of inspecting the quicksilver mines of Almadén in Spain to report on the situation of its workers, prisoners of the Crown, and galley men forced to work in the mercury exploitation. After one month of work, the assignment was cancelled, Alemán was forced to retire from his research, and his work was lost in the archives of the Habsburgs. A few years later, in 1598, Alemán published his famous best seller, El Guzmán de Alfarache.
Alemán’s legal Report, finally found and published in 1966 by Germán Bleiberg, is a narrative text …
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Financial Oversight And Management Board For Puerto Rico V. Aurelius Investment, Llc, Rafael Cox Alomar
Court Briefs
No abstract provided.
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber
Daniel A Farber
At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.
The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than …
Why Didn't The Common Law Follow The Flag?, Christian Burset
Why Didn't The Common Law Follow The Flag?, Christian Burset
Christian Burset
This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …