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Articles 7771 - 7800 of 10050
Full-Text Articles in Law
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Articles
No abstract provided.
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
Cleveland State Law Review
It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …
The Wagner Act: Labor Law's Signal Event, Theodore J. St. Antoine
The Wagner Act: Labor Law's Signal Event, Theodore J. St. Antoine
Articles
There's no fun in stating the obvious. Sophisticated professionals bestow few kudos on those who declaim the conventional wisdom. Even so, one would have to be far more perverse than I, in this fiftieth anniversary year of the National Labor Relations Act, to suggest that the Wagner Act, wasn't the most important (and at the time of it- passage the most controversial) development in the last half-century of labor law.
Review, Supreme Court Justice Joseph Story: Statesman Of The Old Republic, Richard Kay
Review, Supreme Court Justice Joseph Story: Statesman Of The Old Republic, Richard Kay
Faculty Articles and Papers
Reviewing Supreme Court Justice Joseph Story: Statesman of the Old Republic. By R. Kent Newmyer. Chapel Hill & London. The University of North Carolina Press, 1985.
Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.
Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.
Penn State International Law Review (1982 - 2011)
This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.
Massachusetts And The Judges: Judicial Independence In Perspective, Barbara Aronstein Black
Massachusetts And The Judges: Judicial Independence In Perspective, Barbara Aronstein Black
Faculty Scholarship
This is an essay about an incident that took place in the Province of Massachusetts Bay during the period 1772-1774, an incident that I will call the Affair of the Royal Salary. Close relative of the Stamp Act Crisis, The Boston Tea Party, even the Boston Massacre, the Affair of the Royal Salary similarly involved a clash between the forces of popular government and those of imperial government; like its better known cousins it is part of the story of the coming of the American Revolution in Massachusetts. In addition, since the Salary around which the Affair developed was intended …
Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray
Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray
Reviews
Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Publications
No abstract provided.
The Two Hundredth Reunion Of Delegates To The Constitutional Convention (Or, All Things Considered, We'd Really Rather Be In Philadelphia), Douglas O. Linder
The Two Hundredth Reunion Of Delegates To The Constitutional Convention (Or, All Things Considered, We'd Really Rather Be In Philadelphia), Douglas O. Linder
Faculty Works
No abstract provided.
Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt
Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt
Faculty Works
No abstract provided.
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
University of Michigan Journal of Law Reform
The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.
Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy
Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy
Maryland Law Review
No abstract provided.
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
A Comment On Style: The Elevator As Metaphor, James Brook
A Comment On Style: The Elevator As Metaphor, James Brook
Articles & Chapters
No abstract provided.
Indian Allotment Water Rights, Richard B. Collins
Indian Allotment Water Rights, Richard B. Collins
Publications
Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.
Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace
Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace
Publications
No abstract provided.
Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson
Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson
Publications
No abstract provided.
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
Journal Articles
This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.
Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey
Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey
Journal Articles
Over the last several decades, there has been an increasing trend to move away from general prohibition against gambling and to move towards legalizing various forms of gambling. This Article traces the pre-revolutionary roots concerning the law of gambling and breaks the discussion into three types: gaming, lotteries, and wagering. In particular, the discussion focuses on the law and practice of the English prior to 1776 and the law and practice of the Early Colonial Period from 1929-1776. The Author proposes that an understanding of the past is needed in order to reform the law of gambling without succumbing to …
Competing Demands For The Colorado River, David H. Getches
Competing Demands For The Colorado River, David H. Getches
Publications
No abstract provided.
Not-So-Critical Legal Studies, Stephen Diamond
Not-So-Critical Legal Studies, Stephen Diamond
Cardozo Law Review
No abstract provided.
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
Cardozo Law Review
No abstract provided.
A Comment On The Critical Method In Legal History, Mark V. Tushnet
A Comment On The Critical Method In Legal History, Mark V. Tushnet
Cardozo Law Review
No abstract provided.
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.
The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.
Faculty Scholarship
When the legal history of the 1970's is written, it will note a significant shift in the way courts perceived shareholder litigation. Only a generation ago, the Supreme Court described the derivative action as "the chief regulator of corporate management." Even into the 1960's, those issues involving shareholder litigation that percolated up to the Supreme Court were typically resolved so as to extend the availability of a litigation remedy by removing arbitrary or overbroad barriers to the plaintiff.
Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold
Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
George L. Haskins, Morris L. Arnold
A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland
A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland
Articles by Maurer Faculty
No abstract provided.
Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg
Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg
Articles by Maurer Faculty
This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric …
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.