Law Commons^™

Jewish Law: Finally, A Useable And Readable Text For The Noninitiate, Sherman L. Cohn

Michigan Law Review

A Review of A Living Tree: The Roots and Growth of Jewish Law by Elliot N. Dorff and Arthur Rosett

Reimagining The Marshall Court, H. Jefferson Powell

Michigan Law Review

A Review of The Marshall Court and Cultural Change, 1815-1835 by G. Edward White

Law And Disputing In Commercializing Early America, Cornelia Dayton

Michigan Law Review

A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann

Trial By Ordeal, Robert C. Palmer

Michigan Law Review

A Review of Trial by Fire and Water: The Medieval Judicial Ordeal by Robert Bartlett

Philosophy, The Federalist, And The Constitution, Edward J. Sebold

Michigan Law Review

A Review of Philosophy, The Federalist, and the Constitution by Morton White

Privacy In A Public Society: Human Rights In Conflict, David Clark Esseks

Michigan Law Review

A Review of Privacy in a Public Society: Human Rights in Conflict by Richard F. Hixson

Judicial Review And American Democracy, Stanley S. Sokul

Michigan Law Review

A Review of Judicial Review and American Democracy by Albert P. Melone and George Mace

The Opinion Volume 30 Number 1 – April 26, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 26, 1989

The Opinion Volume 29 Number 13 – April 12, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 12, 1989

Work On A Labor Theory Of Meaning, Kenneth Casebeer

Cardozo Law Review

No abstract provided.

Persons, Hegel, And The Law: A Comment On Bernasconi, Michael A. Simon

Cardozo Law Review

No abstract provided.

Hegel: A User's Manual, Richard Hyland

Cardozo Law Review

No abstract provided.

The Use Of History In Canadian Constitutional Adjudication, Frederick Vaughan

Dalhousie Law Journal

It is only in recent years that the use by judges of extrinsic materials has become an issue openly discussed in Canadian legal periodicals. Chief Justice Brian Dickson virtually occasioned a debate on the question in a public address in 1979. The Chief Justice said: ". . . the Supreme Court of Canada recently signalled an increasing receptiveness to the use of extrinsic materials in the Anti-Inflation Reference. Accordingly, I expect that we will see an increasing use by appellate courts of extrinsic evidence". Dickson gave the impression that extrinsic material was not widely used by Canadian courts prior to …

The Public Dimension In Legal Education, Mark R. Macguigan

Dalhousie Law Journal

Legal education, while always a subject of fascination to law students and professors, only periodically becomes a matter of more general interest. But that is what I believe has happened in Canada in the mid-1980s as the result of three publishing events.

Lord Of Point Grey: Larry Mackenzie Of U.B.C., Stanley B. Frost

Dalhousie Law Journal

P. B. Waite has been hugely fortunate in his subject, Norman Archibald MacRae MacKenzie, known to his intimates as "Larry". Here is a quintessential Canadian. Born in a modest Manse in Pugwash, Nova Scotia, and schooled at Pictou Academy, he then laboured for four years on a farm in Saskatchewan, survived four years in the trenches of World War I (mostly with the Nova Scotia Highlanders, emerging without a scratch, but with a Military Medal and bar, and a promised but never confirmed commission), entered Law at Dalhousie, won a Carnegie Fellowship to Harvard and then a renewal to take …

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.

The Opinion Volume 29 Number 12 – March 15, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 15, 1989

The Opinion Volume 29 Number 11 – March 1, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 1, 1989

Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg

Cornell Law Faculty Publications

At a conference on bargaining, it should not be surprising that there is more than one perspective on the relationship between bankruptcy and bargaining. Dean Jackson and Professor Scott's article emphasizes a hypothetical bargain to be struck by idealized participants in a firm. It explores the relationship between bankruptcy and that bargain. By imagining what that bargain would look like, Jackson and Scott construct new justifications for bankruptcy law's distributional rules. Such a theory, however, is subject to reservations about the depth of insight that can be gained from examination of purely theoretical bargains. Stripped of real-world characteristics, hypothetical bargains …

The System And The Life World, Warren Lehman

Washington and Lee Law Review

No abstract provided.

The Opinion Volume 29 Number 10 – February 21, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 21, 1989

The Opinion Volume 29 Number 9 – February 10, 1989, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 10, 1989

Central Feud In Njáls Saga., William I. Miller

Book Chapters

Njáls Saga is above all a story of feud, and a complicated one at that. This paper attempts to give sense to those aspects of the feud between the Sigfussons and the people at Bergporshvall most frequently perceived by readers to be glaring weaknesses in a nearly perfect work. I refer to the apparent lack of motivation for the killing of Hoskuldr Hvitanessgodi, an act which has universally appalled critics and commentators of the saga, and the ease with which Mordr Valgardsson is able to "trick" Skarphedinn, a person otherwise characterized by a brutal wit and penetrating intelligence. In what …

Truth And The Law: A Critical View Of Community, Jan G. Deutsch

Cardozo Law Review

No abstract provided.

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

Faculty Scholarship

No abstract provided.

Positivism In The Historiography Of The Common Law, David K. Millon

Scholarly Articles

A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.

Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …

Chapter 4 - Self-Ownership And The Political Theory Of Elizabeth Cady Stanton (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Self-Ownership And The Political Theory Of Elizabeth Cady Stanton, Elizabeth B. Clark

Publications

The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …

Condemnation, Credit, And Corporations In Washington: 100 Years Of Judicial Decisions—Have The Framers' Views Been Followed?, Justice James M. Dolliver

Seattle University Law Review

As part of the commemoration of Washington's centennial, this Article will examine three parts of the Washington Constitution written and adopted in 1889: article I, section 16,2 the taking clause; article VIII, section 7,3 the municipal credit clause; and article XII, sections 1-22,4 the Corporations Article. This Article will attempt to identify and explain the fundamental premises behind each of the three parts by considering the constitutional text, the specific intent of the framers where discoverable, the climate of the times in the territory and nation in 1889, and the judicial gloss from early case law. Additionally, given these considerations, …

Conviction According To Conscience: The Medieval Jurists' Debate Concerning Judicial Discretion And The Law Of Proof, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.