Law Commons^™

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.

Peyote, Multiculturalism, And The Caricature Of The West, Robert G. Natelson

Faculty Law Review Articles

This article critiques what the author views as the resurrection of the old New Left -- the radical multiculturalists, the "critical" legal and literary schools, the radical feminists, and the radical environmentalists. The author argues that the goal of the New Left is to stereotype the Western tradition, reduce the claim of that tradition on the curriculum, and to fill the gap with propaganda disguised as foreign culture, and through this process encourage coercive interdependence and a disdain for drawing lines between public and private life.

Foreword: The New York Law School Centennial Conference In Honor Of Justice John Marshall Harlan, James F. Simon

Articles & Chapters

No abstract provided.

Just The Facts: The Field Code And The Case Method, William P. Lapiana

Articles & Chapters

No abstract provided.

Book Review. Married Women's Separate Property In England, 1660-1833 By Susan Staves, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

The Kentucky Bill Of Rights: A Bicentennial Celebration, Ken Gormley, Rhonda G. Hartman

Kentucky Law Journal

No abstract provided.

Impeachment Exception To The Exclusionary Rules: Policies, Principles, And Politics, The , James L. Kainen

Faculty Scholarship

The exclusionary evidence rules derived from the Fourth, Fifth, and Sixth Amendments continue to play an important role in constitutional criminal procedure, despite the intense controversy that surrounds them. The primary justification for these rules has shifted from an "imperative of judicial integrity" to the "deterrence of police conduct that violates... [constitutional] rights." Regardless of the justification it uses for the rules' existence, the Supreme Court continues to limit their breadth "at the margin," when "the acknowledged costs to other values vital to a rational system of criminal justice" outweigh the deterrent effects of exclusion. The most notable limitation on …

Indigenous Rights Norms In Contemporary International Law, S. James Anaya

Publications

No abstract provided.

One Hundred Years Of Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Opinion Volume 31 Number 8 – November 20, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 20, 1990. Misidentified as Number 7.

The Opinion Volume 31 Number 7 – November 6, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 6, 1990

Clark Memorandum: Fall 1990, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Acquired by Character, Not by Money (Kenneth W. Starr)
• Fundamentals and Initiatives (Elder Russell M. Nelson)
• Christ and the Code (Joseph G. Allegretti)
• Truth: a Shield to Memory (Elder Marion D. Hanks)

Law As Text: A Response To Professor Michael Ryan, Robert N. Covington

Vanderbilt Law Review

Law, Professor Michael Ryan reminds us by his emphasis on law as legitimating representation, is also text. This is the most telling of the many points he sets out in his provocative and thoughtful article; for those of us called to the bar, it is an important reminder. For us lawyers, after all, law is not so much text as it is process, not so much noun as verb. It is not that we disregard the fact that law is in part a pen-and-ink affair. Our shelves sag with books; in academic life, few divisions of a university spend so …

The Opinion Volume 31 Number 6 – October 23, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 23, 1990

The Opinion Volume 31 Number 5 – October 9, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 9, 1990

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.

The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée

Dalhousie Law Journal

In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …

While Equity Slumbered: Creditor Advantage, A Capitalist Land Market, And Upper Canada's Missing Court, John C. Weaver

Osgoode Hall Law Journal

Until 1837, Upper Canada had no Court of Chancery. This omission forced stop-gap measures which in the area of mortgages produced a muddle. The confusion introduced into the land market led to protracted controversies among politicians and jurists during the 1820s and 1830s. The many complex principles and motives raised by the lack of an equitable jurisdiction generated much legislative controversy and experimentation. John Beverley Robinson often was central to vital discussions where he revealed both his intelligence and social biases favouring gentlemen of capital. Extremely complicated issues have deflected attention from the central issue: whether the colony needed equity, …

Law Faculty Developments At Calgary, 1984-1989, Margaret E. Hughes

Dalhousie Law Journal

The Calgary Law Faculty is the youngest of the Canadian Law Schools, having been established in 1976. During the period under review the Faculty tackled developmental challenges that older Canadian law schools had faced years ago in generally less stringent economic times.

The Opinion Volume 31 Number 4 – September 25, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 25, 1990

The Opinion Volume 31 Number 3 – September 11, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 11, 1990

The Opinion Volume 31 Number 2 – August 24, 1990, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 24, 1990

Talking About Difference: Meanings And Metaphors Of Individuality, Gregory S. Alexander

Cornell Law Faculty Publications

This paper discusses the relationship between communitarianism and difference theory. Specifically, it focuses on the rhetorical practices that have created an apparent conflict between difference theory and communitarianism. My purpose is to suggest why this conflict dissolves when community and difference are understood as strategic rhetorics that share a common political vision.

Beethoven And The Law: The Case Of The Nephew, Elliot M. Abramson

Florida State University Law Review

No abstract provided.

More Civil Wrongs: Personal Injury Litigation, 1901-1910, Lawrence M. Friedman, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This article presents empirical data concerning trial-court, tort litigation in Alameda County, California from 1901-1910. The data analyze the entire universe of trial-court litigation during this decade and are NOT a sample.

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder

Articles

The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.

Roman Law And English Law: Two Patterns Of Legal Development, Alan Watson

Scholarly Works

It is commonplace among scholars to link in thought the growth of Roman law and of English law. S.F.C. Milsom begins his distinguished Historical Foundations of the Common Law with the words: "It has happened twice only that the customs of European peoples were worked up into intellectual systems of law; and much of the world today is governed by laws derived from the one or the other." More strikingly, some scholars see an essential similarity in legal approaches in the two systems. Fritz Pringsheim entitled a well-known article The Inner Relationship Between English and Roman Law. W.W. Buckland and …