Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Legal History

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7351 - 7380 of 10057

Full-Text Articles in Law

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches Jan 1989

Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches

Publications

No abstract provided.


Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring Jan 1989

Crow Dog's Case: A Chapter In The Legal History Of Tribal Sovereignty, Sidney L. Harring

American Indian Law Review

No abstract provided.


From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf Jan 1989

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.


Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher Jan 1989

Book Review. The Political Theology Of Abbo Of Fleury: A Study Of The Ideas About Society And Law Of The Tenth-Century Monasic Reform Movement By Marco Mostert, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad Jan 1989

James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.


Freedom Of Expression In A Pluralistic Society, James W. Nickel Jan 1989

Freedom Of Expression In A Pluralistic Society, James W. Nickel

Articles

No abstract provided.


Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang Jan 1989

Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This very brief essay seeks to sketch out as well as consider an approach toward legal analysis and reasoning that would aid in the development of an autochthonous Singapore legal system, ' and that, in any event, would probably also be relevant even in more generalized ad hoc situations. It is assumed that many, if not most, of those involved in the discipline of Singapore law desire the construction of an autochthonous legal system, although the skeptic might find - as just mentioned - the approach suggested here of some utility as well.


Law, Literature, And The Celebration Of Authority, Robin West Jan 1989

Law, Literature, And The Celebration Of Authority, Robin West

Georgetown Law Faculty Publications and Other Works

Richard Posner's new book, Law and Literature: A Misunderstood Relation, is a defense of “liberal legalism” against a group of modern critics who have only one thing in common: their use of either particular pieces of literature or literary theory to mount legal critiques. Perhaps for that reason, it is very hard to discern a unified thesis within Posner's book regarding the relationship between law and literature. In part, Posner is complaining about a pollution of literature by its use and abuse in political and legal argument; thus, the “misunderstood relation” to which the title refers. At times, Posner suggests …


Water Marketing In Wyoming, Mark Squillace Jan 1989

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.


Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson Jan 1989

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.


Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum Jan 1989

Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum

Faculty Scholarship

We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law ... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a …


Antitrust In The Formative Era: Political And Economic Theory In Constitutional And Antitrust Analysis, 1880-1918, James May Jan 1989

Antitrust In The Formative Era: Political And Economic Theory In Constitutional And Antitrust Analysis, 1880-1918, James May

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Opinion Volume 29 Number 8 – December 7, 1988, The Opinion Dec 1988

The Opinion Volume 29 Number 8 – December 7, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 7, 1988


The Opinion Volume 29 Number 7 – November 9, 1988, The Opinion Nov 1988

The Opinion Volume 29 Number 7 – November 9, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 9, 1988


The Crisis In Modern Contract Theory, Robert A. Hillman Nov 1988

The Crisis In Modern Contract Theory, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


The Opinion Volume 29 Number 6 – October 26, 1988, The Opinion Oct 1988

The Opinion Volume 29 Number 6 – October 26, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 26, 1988


The Opinion Volume 29 Number 5 – October 12, 1988, The Opinion Oct 1988

The Opinion Volume 29 Number 5 – October 12, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 12, 1988


Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White Oct 1988

Chief Justice Marshall, Justice Holmes, And The Discourse Of Constitutional Adjudication, G. Edward White

William & Mary Law Review

No abstract provided.


Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker Oct 1988

Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker

North Carolina Central Law Review

No abstract provided.


Updating Statutory Interpretation, T. Alexander Aleinikoff Oct 1988

Updating Statutory Interpretation, T. Alexander Aleinikoff

Michigan Law Review

This month the Supreme Court will hear reargument in Patterson v. McLean Credit Union on the question of whether section 1981 prohibits discrimination by private parties. Professor Aleinikoff examines in depth the first issue raised by Professor Farber. Using metaphors of the archeological and the nautical Professor Aleinikoff describes theories of originalism and their application to statutory interpretation. Concluding that there are nonoriginalist (or nonarcheological) elements implicit in these theories, he proceeds to consider how an explicitly nonoriginalist (or nautical) theory of interpretation might work He concludes by commenting on the application of such a theory to Patterson.


Philosophy, History, And Judging, Donald P. Boyle Jr. Oct 1988

Philosophy, History, And Judging, Donald P. Boyle Jr.

William & Mary Law Review

No abstract provided.


Lord Mansfield And Negotiable Instruments, Jane D. Samson Oct 1988

Lord Mansfield And Negotiable Instruments, Jane D. Samson

Dalhousie Law Journal

In any system of judge-made law the longevity, education and character of a judge have enhanced significance. The idea of a judge personifies Justice, blinded and impartial, but the law he creates will inevitably be infused with his personality. Where an individual develops an entire system of law, his contribution to legal history can be overwhelming. Lord Mansfield remains a case in point.


Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman Oct 1988

Educating Men And Women For Service Through Law: Osgoode Hall Law School 1963-1988, Mary Jane Mossman

Dalhousie Law Journal

My work... has assumed the shape of ... a spiral curriculum, circling around the same issues, though trying to keep them open-ended. This statement was penned by Northrop Frye in Spiritus Mundi in the context of reflections about creativity and literary criticism, but it aptly describes as well the intellectual ferment of writing about legal education in Canada during the past few decades. Indeed, Frye's suggestion that the above quotation "may be only a rationalization for not having budged an inch in eighteen years ' may similarly offer an important clue about the legal education debate in Canada and the …


Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard Oct 1988

Le Droit Dans Tous Ses États. La Question Du Droit Au Québec 1970-1987, Philip P. Girard

Dalhousie Law Journal

This book contains 30 essays covering many aspects of Quebec law,' divided into five sections: l'Etat, les personnes, les conditions de vie, les organisations, and a final section entitled l'émergence d'une science juridique. The contributions are united in a formal sense in two ways: their authors are all professors in the department of sciences juridiques at l'Université du Québec à Montréal, and they all focus on developments in the period 1970-1987. Thematically, the pieces are united, according to the preface at any rate, in providing, "une lecture critique de l'évolution des tendances de notre droit" during this agitated, exhilarating and …


The Opinion Volume 29 Number 4 – September 28, 1988, The Opinion Sep 1988

The Opinion Volume 29 Number 4 – September 28, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 28, 1988


The Opinion Volume 29 Number 3 – September 14, 1988, The Opinion Sep 1988

The Opinion Volume 29 Number 3 – September 14, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 14, 1988


The Opinion Volume 29 Number 2 – August 19, 1988, The Opinion Aug 1988

The Opinion Volume 29 Number 2 – August 19, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated August 19, 1988


National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann Aug 1988

National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann

Cardozo Law Review

No abstract provided.


The Family Court: An Historical Survey, Merril Sobie Jul 1988

The Family Court: An Historical Survey, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …


A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande Jun 1988

A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande

All Faculty Scholarship

No abstract provided.