Law Commons^™

Law And The Experience Of Politics In Late Eighteenth-Century North Carolina: North Carolina Considers The Constitution, Walter F. Pratt

Journal Articles

In 1788, delegates assembled in North Carolina to decide whether to ratify the Constitution. A debate erupted between Federalists and Anti-federalists regarding each Article of the then-drafted Constitution. This Article analyzes the debate, and proposes that the key difference was the function of the role of the law.

Pyrrhic Victory: Daniel Goldman's Defeat Of Zoning In The Maryland Court Of Appeals, Garrett Power

Faculty Scholarship

Nowadays government regulation of the use of urban land is taken for granted. Such was not always the case. Some sixty years ago, the Maryland Court of Appeals held it unconstitutional for Zoning Commissioner J. Frank Crowther to deny a request for a permit to operate a tailor shop in the basement of a Eutaw Place home. This paper examines the case of Goldman v. Crowther. Goldman's story reads like a comic melodrama with a tragic ending. But the saga also illuminates the social condition - it sheds light and casts shadows on the practice of xenophobia, the nature …

Antitrust Practice And Procedure In The Formative Era: The Constitutional And Conceptual Reach Of State Antitrust Law, 1880-1918, James May

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Book Review. Virtue, Commerce, And History: Essays On Political Thought And History, Chiefly In The Eighteenth Century By J.G.A. Pocock, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Adjudication Is Not Interpretation: Some Reservations About The Law-As-Literature Movement, Robin West

Georgetown Law Faculty Publications and Other Works

Among other achievements, the modern law-as-literature movement has prompted increasing numbers of legal scholars to embrace the claim that adjudication is interpretation, and more specifically, that constitutional adjudication is interpretation of the Constitution. That adjudication is interpretation -- that an adjudicative act is an interpretive act -- more than any other central commitment, unifies the otherwise diverse strands of the legal and constitutional theory of the late twentieth century.

In this article, I will argue in this article against both modern forms of interpretivism. The analogue of law to literature, on which much of modern interpretivism is based, although fruitful, …

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.

Some Realism About Critical Legal Studies, Richard Michael Fischl

University of Miami Law Review

No abstract provided.

Religion, Revival, And The Ruling Class: A Critical History Of Trinity Church, Elizabeth B. Mensch

Journal Articles

No abstract provided.

Practical Principles, Moral Truth, And Ultimate Ends, John M. Finnis, Germain Grisez, Joseph Boyle

Journal Articles

The natural-law theory on which we have been working during the past twenty-five years has stimulated many critical responses. We have restated the theory in various works, not always calling attention to developments. This paper reformulates some parts of the theory, taking into account the criticisms of which we are aware.

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

The Opinion Volume 27 Number 7 – December 3, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 3, 1986

The Rise And Fall Of The "Doctrine" Of Separation Of Powers, Philip B. Kurland

Michigan Law Review

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now …

Of ‘Cut-Off’ Dates And Domination: Some Problematic Aspects Of The General Reception Of English Law In Singapore, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article deals with some problematic aspects of the general reception of English law in Singapore. It examines, first, the concept of the 'cut-off' date for statutes and the common law. The second substantive part deals with the concepts of suitability and modification, analysing their theoretical cogency as well as their application in the local context. The third and final part of the article examines the relationship between reception and stare decisis, indicating and examining potential contradictions as well as other allied issues.

The Opinion Volume 27 Number 6 – November 12, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 12, 1986

The Opinion Volume 27 Number 5 – October 29, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 29, 1986. Includes spoof issue overwrap.

The Opinion Volume 27 Number 4 – October 15, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 15, 1986

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Faculty Scholarship

No abstract provided.

Volume 9, Issue 2 (Fall 1986)

Transcript

No abstract provided.

A History Of Injunctions In England Before 1700, David W. Raack

Indiana Law Journal

No abstract provided.

The Opinion Volume 27 Number 3 – October 1, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1986

Public Rights And The Federal Judicial Power: From Murray's Lessee Through Crowell To Schor, Gordon G. Young

Buffalo Law Review

No abstract provided.

The Opinion Volume 27 Number 2 – September 17, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 17, 1986

The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

34 pages.

Contains footnotes.

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

International Law And External Threats To National Parks, Daniel Barstow Magraw

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

41 pages.

Contains references.

A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

116 pages (includes illustrations).

Contains footnotes and references.

Contains 3 attachments:

1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.

2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.

3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.

Panel: “Protecting Our National Parks: What Should Be Done,” And William J. Lockhart, Outline: Problems And Issues That Must Be Addressed; And Some Preliminary Proposals For Solutions, William J. Lockhart

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

26 pages.

Statements On Introduced Bills And Joint Resolutions [The Congressional Record, Senate Vol. 132, February 25, 1986, S1561-S1564], John Chafee

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Presenter: Robert F. Hurley, Administrative Assistant to Senator John H. Chafee.

5 pages.