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Articles 8161 - 8190 of 10039

Full-Text Articles in Law

The Role Of Ideas In Legal History, Jay M. Feinman Mar 1980

The Role Of Ideas In Legal History, Jay M. Feinman

Michigan Law Review

A review of Patterns of American Legal Thought by G. Edward White


For Capital Punishment, Michigan Law Review Mar 1980

For Capital Punishment, Michigan Law Review

Michigan Law Review

A Book Notice about For Capital Punishment by Walter Berns


The Opinion Volume 20 Number 8 – February 21, 1980, The Opinion Feb 1980

The Opinion Volume 20 Number 8 – February 21, 1980, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 21, 1980


The Opinion Volume 20 Number 7 – February 7, 1980, The Opinion Feb 1980

The Opinion Volume 20 Number 7 – February 7, 1980, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 7, 1980


The Opinion Volume 20 Number 6 – January 24, 1980, The Opinion Jan 1980

The Opinion Volume 20 Number 6 – January 24, 1980, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated January 24, 1980


Autonomy And The Thirteen Colonies: Was The American Revolution Really Necessary, Robert A. Friedlander Jan 1980

Autonomy And The Thirteen Colonies: Was The American Revolution Really Necessary, Robert A. Friedlander

Duquesne Law Review

No abstract provided.


Rhetorical Styles On The Fuller Court, Walter F. Pratt Jan 1980

Rhetorical Styles On The Fuller Court, Walter F. Pratt

Journal Articles

"Formalism" is the label regularly used to describe judicial opinions of the late nineteenth century. The label is descriptive when used in contradistinction to "instrumentalism." Use of the label, however, has certain drawbacks. For example, there is little objective or empirical evidence to support the application of the two antithetical terms. In addition, a single term cannot reflect whatever diversity of styles may exist among the judges of a single court. This article describes the results of an attempt to rectify those two drawbacks and to determine whether the Justices of the Supreme Court at the turn of the century—while …


The Law/Equity Dichotomy In Maryland, C. Christopher Brown Jan 1980

The Law/Equity Dichotomy In Maryland, C. Christopher Brown

Maryland Law Review

No abstract provided.


Never On Sunday: The Blue Laws Controversy, Neil J. Dilloff Jan 1980

Never On Sunday: The Blue Laws Controversy, Neil J. Dilloff

Maryland Law Review

No abstract provided.


The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams Jan 1980

The Emergence Of Critical Social Theory In American Jurisprudence: An Introduction To Professor Rosenberg's Perspective, Harlan S. Abrahams

Seattle University Law Review

Norman Rosenberg's treatment of Thomas Cooley, liberal jurisprudence, and the law of libel exemplifies both a difficulty with and an opportunity for traditional law review scholarship. The difficulty arises from the failure of many legal writers to identify and explain the jurisprudential perspectives that define their substantive approach. This problem is particularly acute when, as in Professor Rosenberg's article, the jurisprudential perspective deviates from the mainstream. The opportunity lies in bringing the problem of perspective out of the closet and legitimating its critical treatment as an integral element of all legal scholarship.


Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg Jan 1980

Thomas M. Cooley, Liberal Jurisprudence, And The Law Of Libel, 1868-1884, Norman L. Rosenberg

Seattle University Law Review

During the past two decades, and especially since 1970, there has been a steadily growing interest in American legal history, including the work of nineteenth-century legal figures, including Thomas M.Cooley. Most scholars once dismissed Cooley as a simplistic apologist for laissez faire economics and late nineteenth-century capitalism. Recently, however, legal and constitutional historians have realized that his legal thought was much more complex. In part, this article seeks to extend recent work on Cooley and to examine his ideas and judicial opinions on freedom of expression and the law of libel. Cooley's views about free expression, defamation law, and American …


Prison And Plantation: Crime, Justice, And Authority In Massachusetts And South Carolina, 1767-1878, By Michael Stephen Hindus, Eric Monkkonen Jan 1980

Prison And Plantation: Crime, Justice, And Authority In Massachusetts And South Carolina, 1767-1878, By Michael Stephen Hindus, Eric Monkkonen

Indiana Law Journal

No abstract provided.


The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal Jan 1980

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

The definition of a reasonable search has bedeviled the United States Supreme Court for some ninety years. Formal logic or legal reasoning assists the Court in tracing premise to conclusion, but does not alone suggest the initial premise. The Court's difficulty in fourth amendment cases, in general, lies in identifying the premise-the fundamental value which is embodied in this constitutional guarantee. The Court has recognized that this fundamental value, whatever it is, has an origin outside the language of the amendment, and the Court has considered sources such as history, popular consensus, natural law, and utilitarian balancing to find this …


Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1980, Volume 1, Kentucky. General Assembly. House Of Representatives. Jan 1980

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1980, 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, 1980, Volume 2, Kentucky. General Assembly. House Of Representatives. Jan 1980

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1980, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.


The Six Million Dollar Man: Litigation And Rights Consciousness In Modern America, Lawrence M. Friedman Jan 1980

The Six Million Dollar Man: Litigation And Rights Consciousness In Modern America, Lawrence M. Friedman

Maryland Law Review

No abstract provided.


From Blood Revenge To The Lighthorsemen: Evolution Of Law Enforcement Institutions Among The Five Civilized Tribes To 1861, Bob L. Blackburn Jan 1980

From Blood Revenge To The Lighthorsemen: Evolution Of Law Enforcement Institutions Among The Five Civilized Tribes To 1861, Bob L. Blackburn

American Indian Law Review

No abstract provided.


A Conflict Over Land, Francis E. Ackerman Jan 1980

A Conflict Over Land, Francis E. Ackerman

American Indian Law Review

No abstract provided.


Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green Jan 1980

Review Of Wiltshire Gaol Delivery And Trailbaston Trials, 1275-1306, Thomas A. Green

Reviews

Ralph B. Pugh's handsome edition of Wiltshire gaol delivery and trailbaston trial rolls for the reign of Edward I provides a valuable resource for scholars of medieval crime and criminal law. The period covered bridges the era of the infrequent general eyres and that of the frequent circuits to try those being held on criminal charges. This transition period saw the development of various institutions and procedures designed to deal with a decline in social stability and an increase in criminal activity. To date, most scholarship has focused either on the workings of the mid-thirteenth- century eyre or on the …


Does Rome Have A Lesson For Us?, Hugh D. Spitzer Jan 1980

Does Rome Have A Lesson For Us?, Hugh D. Spitzer

Articles

As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?


The Mccarthy Era: History As Snapshot, Michael E. Tigar Jan 1980

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Conflict Of Laws: The Plurality Of Legal Systems: An Analysis Of 25 U.S.C. §§ 1901-63, The Indian Child Welfare Act, Catherine Baker Stetson Jan 1980

Conflict Of Laws: The Plurality Of Legal Systems: An Analysis Of 25 U.S.C. §§ 1901-63, The Indian Child Welfare Act, Catherine Baker Stetson

American Indian Law Review

No abstract provided.


The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins Jan 1980

The Gulag Archipelago: Implications For American Criminal Justice, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.


A Modest Replication To A Lengthy Discourse, Morris S. Arnold Jan 1980

A Modest Replication To A Lengthy Discourse, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


A Historical Inquiry Into The Right To Trial By Jury In Complex Civil Litigation, Morris S. Arnold Jan 1980

A Historical Inquiry Into The Right To Trial By Jury In Complex Civil Litigation, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.


The Jury Selection Act Of 1879: Theory And Practice Of Citizen Participation In The Judicial System, Drew L. Kershen Jan 1980

The Jury Selection Act Of 1879: Theory And Practice Of Citizen Participation In The Judicial System, Drew L. Kershen

Faculty Articles

No abstract provided.


The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson Jan 1980

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.


The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson Jan 1980

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.


Some Problems In Administration Of Justice In A Secularized Society, Thomas L. Shaffer, William Mclennon, Lois G. Forer Jan 1980

Some Problems In Administration Of Justice In A Secularized Society, Thomas L. Shaffer, William Mclennon, Lois G. Forer

Journal Articles

In our complex society, the role of the lawyer has assumed unprecedented significance. People turn to the law for answers to all of the new questions involving social, moral, and ethical considerations, as well as for answers to many of the old problems which were not typically perceived as legal issues. Law students, faculty, lawyers, judges, the clergy, and even anthropologists-all of us need a much more sensitive and deeper understanding of a wide variety of problems. We must continually question the rightness of the law and the fairness and decency with which we treat all of the people who …


The Opinion Volume 20 Number 5 – November 8, 1979, The Opinion Nov 1979

The Opinion Volume 20 Number 5 – November 8, 1979, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 8, 1979