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Full-Text Articles in Law
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Faculty Articles and Other Publications
In this chapter from Living In A Law Transformed: Encounters With The Works Of James Boyd White, Professor Eisele discusses the inspiration provided him by White's writing.
One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell
One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell
Communication
In Daniel Webster's view, the survival of the Union required not only an orator who could defend the Constitution as he did against Robert Hayne, but one who could embody the spirit of the constitution in deliberative performance. Webster uses his performance in debate not only to assail his opponent, defend New England, and expound on the Constitution, but further to demonstrate with his own oratory the abiding value of decorum, prudence, and eloquence in the national life. Webster becomes the ideal of deliberative performance as he contrasts his own conduct in debate with that of his Southern opponent. Webster’s …
The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell
The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell
Communication
This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …