Law Commons^™

"Mastering The Lawless Science Of Our Law": A Story Of Legal Citation Indexes, Patti J. Ogden

Journal Articles

Ms. Ogden presents a history of American legal citation indexes, covering early nineteenth-century attempts, the development of modern citator systems by Frank Shepard and others, online citation systems, and the potential for future improvements in an essential tool of legal research.

A Vigil For Thurgood Marshall, Eben Moglen

Faculty Scholarship

Three days after his death, on January 27th, Thurgood Marshall came to the Supreme Court, up the marble steps, for the last time. Congress had ordered Abraham Lincoln's catafalque brought to the Court, and on it the casket of Thurgood Marshall lay in state. His beloved Chief, Earl Warren, had been so honored in the Great Hall of the Court, and no one else. Congress made the right decision about the bier, and it spoke with the voice of the people: no other American, of any age, so deserved to lie where Lincoln slept.

To him, all day on Wednesday, …

Equality And Diversity: The Eighteenth-Century Debate About Equal Protection And Equal Civil Rights, Philip A. Hamburger

Faculty Scholarship

Living, as we do, in a world in which our discussions of equality often lead back to the desegregation decisions, to the Fourteenth Amendment, and to the antislavery debates of the 1830s, we tend to allow those momentous events to dominate our understanding of the ideas of equal protection and equal civil rights. Indeed, historians have frequently asserted that the idea of equal protection first developed in the 1830s in discussions of slavery and that it otherwise had little history prior to its adoption into the U.S. Constitution. Long before the Fourteenth Amendment, however – long before even the 1830s …

The Opinion Volume 33 Number 8 – December 1, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 1, 1992

The Meaning Of "Under Color Of" Law, Steven L. Winter

Michigan Law Review

The argument proceeds as follows. In Part I, I examine why the conceptual problem of who or what is "the State" is so intractable. In Part II, I present the historical evidence that establishes beyond doubt the pedigree and meaning of the phrase under color of law. I explain why Frankfurter would have indulged in such an obvious historical error to take the position he did. I suggest that, as was the case with the invention of modem standing doctrine, Frankfurter was here engaged in a stealthy, anachronistic campaign against the jurisprudence of the Lochner era - attempting to …

The Opinion Volume 33 Number 7 – November 10, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 10, 1992

The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter

Cardozo Law Review

No abstract provided.

The Opinion Volume 33 Number 6 – October 27, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 27, 1992

The Opinion Volume 33 Number 5 – October 14, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 14, 1992

Book Review: Allen Steinberg, The Transformation Of Criminal Justice: Philadelphia, 1800-1880, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

No abstract provided.

Populism, Law, And The Corporation: The 1897 Kansas Supreme Court, James L. Hunt

Articles

No abstract provided.

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.

Discrimination, The Right To Seek Redress And The Common Law: A Century-Old Debate, Béatrice Vizkelety

Dalhousie Law Journal

Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.

The "Colored Barrister": The Short Life And Tragic Death Of James Robinson Johnston, 1876-1915, Barry Cahill

Dalhousie Law Journal

The mortal remains of James Robinson Johnston, Nova Scotia's first Black lawyer, lie buried in the family plot at Camp Hill Cemetery in Halifax. The gravestone epigraphy records that he was a Good Templar, a Freemason and an Oddfellow; his Dalhousie University degrees (one of them inaccurately); and the fact that he died a mere nine days short of his thirty-ninth birthday. "Gone but not forgotten" reads the epitaph, much less ironically now - in view of the fact that the recently established Chair in Black Canadian Studies at his alma mater has been named in Johnston's honour-than it ever …

The Constitution And Immigration: The Impact Of The Proposed Changes To The Immigration Power Under The Constitution Act, 1867, Davies Bagambiire

Dalhousie Law Journal

This article examines the impact that the suggested changes would have on the immigration power as presently set forth in sections 95 and 91(25) of the Constitution Act, 1867, and on Canadian immigration policy generally. First, it discusses how the present immigration power is allocated as between the federal government and the provinces, how it has been exercised or attempted to be exercisedby the two levels of government and how it has evolved and been interpreted by the Courts. Secondly, it looks at the problems that could arise as a result of the federal government transferring some of its immigration …

The Argument From Ordinary Meaning In Statutory Interpretation, Robert S. Summers, Geoffrey Marshall

Cornell Law Faculty Publications

No abstract provided.

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. …

The Opinion Volume 33 Number 4 – September 30, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 30, 1992

The Opinion Volume 33 Number 3 – September 15, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 15, 1992

Original Intent: The Judicial Uses Of History And Constitutional Interpretation In Australia And The United States, Stephen A. James

In the Public Interest

No abstract provided.

Section 2: Town Meeting: Direction Of The Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Opinion Volume 33 Number 2 – August 31, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 31, 1992

The Opinion Volume 33 Number 1 – August 19, 1992, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 19, 1992

Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman

Faculty Articles and Papers

No abstract provided.

The Formal Character Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Constituents Of Democracy: The Individual In The Work Of Madame Justice Wilson, Danielle Pinard

Dalhousie Law Journal

I shall attempt to share with you the impression I have of Judge Wilson's conception of the individual. I will try to present a general view of what occurred to me as I went through the opinions she wrote while at the Supreme Court of Canada, alone or with the assent of her colleagues, dissenting or in agreement with the majority.' I shall try to put together, as honestly as possible, what she explicitly said on the subject in question.

The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman

Dalhousie Law Journal

Susan Moller Okin's assertion about the need for justice in families offers a challenging starting point for an assessment of the family in the work of Justice Wilson. Her assertion challenges us for a number of reasons. First, in claiming that justice in the family is a prerequisite to a just society, Okin compels us to focus careful attention on our family relationships if we aspire to a just resolution of our public and political debates. For her, a satisfactory theory of justice can be developed only if it takes account of the structures and power in family relationships, and …

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 Democratic Intellect: The State In The Work Of Madame Justice Wilson, Philip L. Bryden

Dalhousie Law Journal

It is a great honour to have been asked to provide an essay for this volume of reflections on the contribution Madame Justice Bertha Wilson has made to the development of law in Canada. To a certain extent, this is a matter of pride in finding my own name associated with that of the very learned and respected individuals who have set out their thoughts in this collection of articles. In the main, however, the honour comes from the opportunity to make a public statement of my own respect and admiration for Madame Justice Wilson and the significant role that …

Tribute To Madame Justice Bertha Wilson, Foreword, And Preface, A Kim Campbell

Dalhousie Law Journal

On behalf of the Government of Canada, I am pleased to convey my best wishes to all those participating in 'The Democratic Intellect" Symposium being hosted by Dalhousie Law School in honour of Madame Justice Bertha Wilson's contribution to the law and to the life of Canada.