Law Commons^™

A Response To Elliot Richardson - Institutions, Developing Countries And Function, 25 J. Marshall L. Rev. 13 (1991), Daniel B. Magraw Jr.

UIC Law Review

No abstract provided.

Fiftieth Volume Tributes: Is There Cause For Jubilee?, Bernard S. Meyer

Maryland Law Review

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Maryland Law Review

No abstract provided.

Discretion Must Be Controlled, Judicial Authority Circumscribed, Federalism Preserved, Plain Meaning Enforced, And Everything Must Be Simplified: Recent Supreme Court Contributions To Federal Civil Practice, Daniel J. Capra

Maryland Law Review

No abstract provided.

Survey - Developments In Maryland Law, 1989-90

Maryland Law Review

No abstract provided.

Ex Proprio Vigore, James J. White

Articles

The National Conference of the Commissioners on Uniform State Laws (NCCUSL) is a legislature in every way but one. It drafts uniform acts, debates them, passes them, and promulgates them, but that passage and promulgation do not make these uniform acts law over any citizen of any state. These acts become the law of the various states only ex proprio vigore - only if their own vitality influences the legislators of the various states to pass them.

Absolute Priority And New Value, James J. White

Articles

This paper is based on a lecture given on December 6, 1990 ast the Second Annual Robert E. Krinock Lecture. The absolute priority rule is a specific application of the broader doctrine that reorganization plans must be "fair and equitable." Both have their origins in the railroad reorganization cases of the early 20th century. The general doctrine is now codified in section 1129(b)(2) of the Bankruptcy Code and the rule is codified in subsection 1129(b)(2)(B)(ii) which provides that the debtor must pay a nonconsenting class of unsecured creditors in full or "the holder of any claim or interest that is …

Prospects For The 1992 Conference On The Environment And Development: A New World Order, 25 J. Marshall L. Rev. 1 (1991), Elliot Richardson

UIC Law Review

No abstract provided.

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.

Of Outlaws, Christians, Horsemeat, And Writing: Uniform Laws And Saga Iceland, William I. Miller

Articles

Our word law is a loanword from Old Norse.1 It makes its earliest appearances in Old English manuscripts in the late tenth century. At that time the Old English word for law was, believe it or not, æ, written as a digraph called "ash." Now most readers, myself included, tend to experience anxiety when we confront a ligatured vowel like ae and so we untie it as a prelude to getting rid of it altogether: we turn an aesthete2 into an aesthete before finally humiliating him (or her) as an esthete, all to resolve our nervousness. King Æthelred the Unready …

Law And Equity In Contract Enforcement, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.

The Matrix Of The Common Law, George L. Haskins

Cleveland State Law Review

Great men have admonished us never to forget the continuing relevance of history in the Anglo-American legal system. We are cautioned to remember that the highly individualistic character of much of our law is explained by its Germanic rather than its Roman roots and, further, that the Anglo-American system has built upon countervailing concepts of relationships which are feudal in origin, and to which rights and duties attach without regard to the will of individuals, which is the underlying principle of classical Roman law. Thus, in our law, powers, rights, and duties stem from relationships such as principal-agent, vendor-purchaser, landlord-tenant …

Reactions To Opression: Jurisgenesis In The Jurispathic State, John Valery White

Scholarly Works

This Note offers a model for analyzing the political and legal traditions of oppressed communities and developing a jurisprudence that accurately reflects the communities' views. Under this model, each of these diverse views can be understood from one of four perspectives: parochialism, fatalism, neo-liberalism, and individualism. These four perspectives are defined by an oppressed community's members' aspirations for liberation. Different ideals of justice and liberation underlie each perspective. Though touching on some of the communities' sentiments, the examinations of scholars of color have thus far been largely piecemeal, overemphasizing certain views, unwittingly combining divergent views, or marginalizing and dismissing unpopular …

Review Of Transforming Political Discourse, Donald J. Herzog

Reviews

Political theorists are almost always fond of giving each other home- work assignments but not generally fond of completing them. The opening salvo in a promised three-volume campaign to redefine the tasks of political theory, Transforming Political Discourse might seem to invite more weary shrugs. Surely, we have too many manifestos already. Well, yes -but this one, happily, is modest, sensible, and mercifully brief. Better yet, its brevity is positively austere in sketching the metadescription of what the promised land looks like. The argument actually hangs on a series of show-and-tell exercises, which are supposed to be applications of the …

Book Review Of A Radical Lawyer In Victorian England: W. P. Roberts And The Struggle For Workers' Rights By Raymond Challinor, W. Wesley Pue

All Faculty Publications

This essay assesses the history of one of Britain's most important lawyers for the working class through a critical review of Raymond Challinor's ground-breaking work. The life of W. P. Roberts spanned crucial decades of the nineteenth Century. Admitted to the lower branch of the legal profession in Bath in 1827 W. P. Roberts converted from Toryism in the first decade of his professional life to emerge as a leading figure in the Bath Working Men's Association by 1837. Apparently motivated by a deeply-held Christian belief in an essential human dignity, Roberts' consistently employed the law as a shield in …

On The Road Of Good Intentions: Justice Brennan And The Religion Clauses, Michael S. Ariens

Faculty Articles

Associate Supreme Court Justice William J. Brennan took the oath of office on October 16, 1956. At the time of Justice Brennan’s appointment to the Supreme Court, the Court had decided only a few cases involving the religion clauses of the first amendment, and judicial interpretation of the religion clauses had been sparing.

In the thirty-four years of Justice Brennan’s tenure, the Court worked several revolutions in religion clause jurisprudence—revolutions guided by a sense of the needs of a changing society. Justice Brennan was one of several architects of a new order in establishment clause interpretation, and was the architect …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Specialized Courts In Administrative Law, Harold H. Bruff

Publications

No abstract provided.

In Memoriam: Prior Appropriation, 1848-1991, Charles F. Wilkinson

Publications

No abstract provided.

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …

Legal Process And Judges In The Real World, Peter L. Strauss

Faculty Scholarship

It is gratifying, reading through a paper and noting here and there points that you might like to make, to find that by the end the author has anticipated them and made them well. This paper sneaks up on you. If at the outset it seems to be accepting that Justice Scalia has a jurisprudence of statutory interpretation that coheres and restrains, by the end it has shown the self-contradictions and decidedly political and institutional stakes in the textualist position the Justice appears to have been carving out for himself.

I am not going to address Professor Zeppos's account of …

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …

Presenting Expert Testimony, James H. Seckinger

Journal Articles

Mindful that the readers of this Commentary include both experienced advocates as well as lawyers embarking on new careers in the courtroom, this author has divided the Commentary into two parts. The first part considers the seven touchstones for a persuasive direct examination of an expert witness. This discussion should be useful for the experienced and inexperienced advocate alike. The second part of the paper is intended as a primer on practical matters surrounding the selection, preparation, and presentation of an expert as a witness at trial. Experienced advocates may find in these pages confirmation of their practice concerning the …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1991, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

A Silvery Anniversary, History, Elizabeth B. Lacy

University of Richmond Law Review

No abstract provided.

Redefining Radicalism: A Historical Perspective, Walter J. Walsh

Articles

This Essay suggests that Unger's attack on formalism and objectivism is not so new. After noting the early contributions of Thomas Hobbes and Jeremy Bentham, it does so by particular reference to the critique of William Sampson (1764-1836), the banished Irish civil rights lawyer and political activist, who led an intellectual charge upon the American common law more than a century and a half ago. It also suggests that by depicting the common law as incompatible with the egalitarian ideal of a democratic republic, Sampson sowed the seeds of a distinct radical tradition of which the critical legal studies movement …

Sunstein, Statutes, And The Common Law – Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Faculty Scholarship

Professor Cass Sunstein's new book, After the Rights Revolution: Reconceiving the Regulatory State, builds upon, and in important ways seeks to integrate, much of Professor Sunstein's work over the past several years. He has been one of our most prolific and influential writers on issues of governmental structure, approaching the subject both from more or less conventional administrative law perspectives and from the constitutional perspectives of separation of powers. His work has dealt with a tension often addressed in the literature, that between the eighteenth-century Madisonian constitutional engine of limited, internally checked government and the realities of our sprawling …

Native Americans And The Constitution: The Original Understanding, Mark Savage

American Indian Law Review

No abstract provided.

Finality In Indian Tribunal Decisions: Respecting Our Brothers' Vision, Michael M. Pacheco

American Indian Law Review

No abstract provided.