Law Commons^™

Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen

UIC Law Review

No abstract provided.

Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky

UIC Law Review

No abstract provided.

Washington Law Review History: 1919-1988

Other Law School Publications

This publication contains the results of the Washington Law Review history project conducted from 1987 to 1988.

Economic Union As A Constitutional Value, Richard B. Collins

Publications

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …

Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman

UIC Law Review

No abstract provided.

Book Review: Zechariah Chafee, Jr., Defender Of Liberty And Law By Donald L. Smith, Lynne Wilson

Seattle University Law Review

This review's purpose is to fill the void in Professor Smith's book by proposing that the central problem with Chafee's free speech ideas, and perhaps one problem with the "clear and present danger" test itself, lies in Chafee's reliance on common law and equity balancing concepts, rather than political theory.

Rare Book And Special Collections Bibliography, Beatrice S. Citron

Rare Books and Special Collections

No abstract provided.

An Astonishing Political Innovation: The Origins Of Judicial Review, Barbara Aronstein Black

Faculty Scholarship

It is a very great honor to be here today participating in the Third Circuit Judicial Conference and in the celebration of our two hundred years of government under the remarkable document that we call the Constitution of the United States. Philadelphia is indeed today the center of the universe and I am delighted to be here.

In addressing the topic assigned to me, "The Origins of Judicial Review," I will take my cue, in fact my text, from Judge Pollak, who, in a letter to me, suggested that I "draw in broad strokes the legal historical landscape in which …

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.

Benjamin N. Cardozo: Sixty Years After His Appointment As New York's Chief Judge, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Sixty years after his appointment as Chief Judge of the New York State Court of Appeals, Benjamin N. Cardozo’s place in history as one of the country's most outstanding jurists and preeminent legal philosophers is secure. He is· widely acclaimed for being a successful practitioner, a brilliant legal scholar and a man who is ranked among the preeminent American judges, along with Marshall, Kent, Story and Holmes. He was a giant of his era who, while spending all but six years of his professional life in New York, exerted a powerful national influence upon his own times.

Review, Imperial Appeal: The Debate On The Appeal To The Privy Council, 1833-1986, Richard Kay

Faculty Articles and Papers

No abstract provided.

Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim

UIC Law Review

No abstract provided.

Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro

UIC Law Review

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Appendix, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Toward A Revisionist History Of The Supreme Court, Mark Tushnet

Cleveland State Law Review

The bicentennial year provoked a reconsideration of not only the era of the framing but of constitutional history as a whole. At one point I thought that I might participate in that effort by writing a history of the Supreme Court, updating Robert McCloskey's classic book in light of recent scholarship. It turned out that that project was too daunting for me. There was too much material to assimilate before I could feel comfortable in trying to present or even develop a history of the Supreme Court. This essay is, therefore, only a sketch of a revisionist history of the …

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …

Ordeal In Iceland, William I. Miller

Articles

Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …

Promise Fulfilled And Principle Betrayed, James J. White

Articles

My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …

Some Aspects Of Householding In The Medieval Icelandic Commonwealth, William I. Miller

Articles

There has been much, mostly inconclusive, discussion about how to define the household in a manner suitable for comparative purposes. Certain conventional criteria are not very useful in the Icelandic context, where it appears that a person could be attached to more than one household, where the laws suggest it was possible for more than one household to be resident in the same uncompartmentalised farmhouse; and where headship might often be shared. Definitions, for example, based on co residence or on commensalism do not jibe all that well with the pastoral transhumance practised by the Icelanders. Sheep were tended and …

The Line Between History And Casenote, John Henry Schlegel

Journal Articles

No abstract provided.

Luther Martin, Maryland And The Constitution, William L. Reynolds

Faculty Scholarship

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Publications

No abstract provided.

The Politics Of The First Amendment, Steve Bachmann

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana

Other Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1988, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Law Of Piracy: The Evolution Of The Concept Of Piracy In England, Alfred P. Rubin

International Law Studies

No abstract provided.