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Articles 31 - 60 of 339
Full-Text Articles in Law
Roman Law And Global Constitutionalism, Rafael Domingo
Roman Law And Global Constitutionalism, Rafael Domingo
San Diego International Law Journal
The parallel between contemporary issues and Roman history often fascinates and illuminates. In this Article, I argue how Roman law can serve today as an inspiration toward global constitutionalism given it was one of the several sources of inspiration for the American founders. Looking to Roman law helps reduce certain prejudices derived from the current privileging of the sovereign state and the positivist paradigm as the only genuine and possible models for international law. These prejudices constitute an actual hindrance to the right development of global constitutionalism. Global constitutionalism inherently moves beyond sovereignty, nationalism, and positivism. Roman law enables constitutionalists …
State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson
State Constitutional Provisions Allowing Juries To Interpret The Law Are Not As Crazy As They Sound, Marcus Alexander Gadson
St. John's Law Review
(Excerpt)
This Article questions that consensus. Joining a larger debate about the jury’s proper role, it argues that, even today, these provisions are a defensible component of a criminal justice system. First, this Article argues that the jury is the entity in the justice system most incentivized to approach legal questions with an eye to what the best interpretation is and not the most politically palatable result. Second, this Article argues that the jury’s ability to deliberate and consider opinions from individuals hailing from a wider variety of backgrounds than those who typically become judges may provide advantages over a …
The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris
The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris
St. Mary's Law Journal
Abstract forthcoming
Property And Equity In Trademark Law, Mark P. Mckenna
Property And Equity In Trademark Law, Mark P. Mckenna
Marquette Intellectual Property Law Review
This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.
I have written a lot about this narrative over the course of my career—I think it is overly simplistic, and in some ways, wrong. Trademark law has al-ways protected marks as …
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Translation Of The Preliminary Discourse To The Teatro De La Legislación Universal De España E Indias, H. Barlow Holley
Journal of Civil Law Studies
No abstract provided.
Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman
Originalism As Fable (Reviewing Eric Segall, Originalism As Faith), Jeremy Telman
Hofstra Law Review
Eric Segall's Originalism as Faith provides both a history of the originalist movement in constitutional interpretation and a critique of that movement from the perspective of legal realism. This Review Article summarizes Segall's main argument: as originalism has abandoned deference to the political branches, it has become indistinguishable from its nemesis, living constitutionalism. Emptied of substance, originalism becomes nothing more than an expression of faith. Segall makes his argument very convincingly, evidencing both his knowledge of originalism, in all its variants, and his mastery of constitutional doctrine.
This Article offers two ways in which Segall's exemplary work might be supplemented. …
Behind The Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notes, Ryan C. Black, Timothy R. Johnson
Behind The Velvet Curtain: Understanding Supreme Court Conference Discussions Through Justices' Personal Conference Notes, Ryan C. Black, Timothy R. Johnson
The Journal of Appellate Practice and Process
No abstract provided.
From Law To Legal Studies And Beyond: 50 Years Of Law And Legal Studies At Carleton University, Vincent Kazmierski, Darren Pacione
From Law To Legal Studies And Beyond: 50 Years Of Law And Legal Studies At Carleton University, Vincent Kazmierski, Darren Pacione
Dalhousie Law Journal
This paper considers the evolution of Carleton University's Department of Law and Legal Studies and its approach to the study of law and the legal within the context of the continuing growth of legal studies programs across the country. It starts by outlining the historical development of the Department and the evolution of its perspective of its role and purpose. Part II examines a number of aspects of the architecture of fourteen undergraduate legal studies programs across the country and the ways in which the roles of these programs are described. Part III provides a brief outline of the current …
The Forgotten Issue? The Supreme Court And The 2016 Presidential Campaign, Christopher W. Schmidt
The Forgotten Issue? The Supreme Court And The 2016 Presidential Campaign, Christopher W. Schmidt
Chicago-Kent Law Review
This Article considers how presidential candidates use the Supreme Court as an issue in their election campaigns. I focus in particular on 2016, but I try to make sense of this extraordinary election by placing it in the context of presidential elections over the past century.
In the presidential election of 2016, circumstances seemed perfectly aligned to force the Supreme Court to the front of public debate, but neither Donald Trump nor Hillary Clinton treated the Court as a central issue of their campaigns. Trump rarely went beyond a brief mention of the Court in his campaign speeches; Clinton basically …
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller
One Judge's Legacy And The New York Court Of Appeals: Mr. Justice Cardozo And The Law Of Contracts, Meredith R. Miller
Touro Law Review
No abstract provided.
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
Dalhousie Law Journal
The basic or overarching question addressed by the author is why institutional law reform in Nova Scotia has experienced such operational difficulties and challenges, particularly in relation to funding, to the point where it can be described as a perilous enterprise. In the process of searching for an answer to this question, the author examines the origins and development of organized law reform in Nova Scotia over the last 65 years, with special attention paid to the experience of Nova Scotia's two statutory commissions. As a backdrop to the discussion, the author examines the complicated process of law reform itself …
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner
The Journal of Appellate Practice and Process
No abstract provided.
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
Original Intent: Understanding The Supreme Court's Original Jurisdiction In Controversies Between States, Kristen A. Linsley
The Journal of Appellate Practice and Process
No abstract provided.
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
Dalhousie Law Journal
Grace Wambolt was the fifth female graduate of Dalhousie Law School and the second woman to practise law in Nova Scotia. She was one of the relatively few female lawyers in Canada (up to the influx of the nineteen-seventies) who practiced law following the push by the first female lawyers for the elimination of formal barriers to practice. This paper examines the similarities and differences between the "firsts" and those who followed them, primarily by looking at the life of Wambolt and her letters and speeches preserved in the Wambolt fonds located in the Nova Scotia Archives and donated by …
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
An Expansive Leap: The Grain Inspection, Packers And Stockyards Administration’S Unjustified Attempt To Grow The Packers And Stockyards Act, Matthew Berger, Christopher Bowler
Mitchell Hamline Law Review
No abstract provided.
The Doctrine Of Lost Modern Grant And Prescriptive Easements In Newfoundland, Greg French
The Doctrine Of Lost Modern Grant And Prescriptive Easements In Newfoundland, Greg French
Dalhousie Law Journal
This article examines the history and development of prescriptive easements in Newfoundland and Labrador and the legal standards required to find such an easement to exist. The article concludes that the appropriate inquiry is not merely an examination of the length of use, but also the nature and extent of use, and that rigid application of timelines should not apply.
Constitutional Law—Fourth Amendment And Seizures— Accidental Seizures By Deadly Force: Who Is Seized During A Police Shootout? Plumhoff V. Rickard, 134 S. Ct. 2012 (2014)., Adam D. Franks
University of Arkansas at Little Rock Law Review
No abstract provided.
With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney
With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney
University of Arkansas at Little Rock Law Review
No abstract provided.
A Spirited Revolution: Local Option Elections And The Impending Death Of Prohibition In Arkansas, Justin Wayne Harper
A Spirited Revolution: Local Option Elections And The Impending Death Of Prohibition In Arkansas, Justin Wayne Harper
University of Arkansas at Little Rock Law Review
No abstract provided.
High Freshets And Low-Lying Farms: Property Law And St. John River Flooding In Colonial New Brunswick, Jason Hall
High Freshets And Low-Lying Farms: Property Law And St. John River Flooding In Colonial New Brunswick, Jason Hall
Dalhousie Law Journal
Although New Brunswick was founded on private land ownership, colonists who settled low-lying land along the St. John River found that the waterway's erratic flood cycle and ever-changing nature threatened their lives and farms, and thwarted their efforts to divide riverbanks and islands into fixed parcels of private property. This article draws upon colonial petitions, sessional court records, and colonial legislation in analyzing the response of the colonial legislature and of local governance to the challenge that the St. John River created for property rights and a private land management system dependent on static boundaries and fixed fences. In examining …
On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins
On Legal Scholarship: Questions For Judge Harry T. Edwards, Ronald K.L. Collins
Journal of Legal Education
No abstract provided.
Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson
Book Review Of "Versions Of Academic Freedom" By Stanley Fish, Michael Robertson
Journal of Legal Education
No abstract provided.
Book Review Of "The Triumph, Tragedy And Lost Legacy Of James M. Landis: A Life On Fire" By Justin O'Brien, Duncan Farthing-Nichol
Book Review Of "The Triumph, Tragedy And Lost Legacy Of James M. Landis: A Life On Fire" By Justin O'Brien, Duncan Farthing-Nichol
Journal of Legal Education
No abstract provided.
Whose Bright Idea Was This Anyway? The Origins Of Judicial Elections In Maryland, Yosef Kuperman
Whose Bright Idea Was This Anyway? The Origins Of Judicial Elections In Maryland, Yosef Kuperman
University of Baltimore Law Forum
This paper describes how Maryland switched from the life-tenured appointed judiciary under its original Constitution to an elected judiciary. It traces the history of judicial selection from the appointments after 1776 through the Ripper Bills of the early nineteenth century to the eventual adoption of judicial elections in 1850. It finds that the supporters of judicial elections had numerous complex motives that boiled down to trying to make the Judiciary less political but more publically accountable. At the end of the day, Marylanders trusted elections more than politicians.
Patent Eligibility And Physicality In The Early History Of Patent Law And Practice, Ben Mceniery
Patent Eligibility And Physicality In The Early History Of Patent Law And Practice, Ben Mceniery
University of Arkansas at Little Rock Law Review
No abstract provided.
Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump, Peter Linzer
Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump, Peter Linzer
St. Mary's Law Journal
Remarks of Peter Linzer on receiving the Lifetime Achievement Award from the 11th International Contracts Conference (K-CON XI). Revised after Election Day, 2016.
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
The Challenge Of Fiduciary Regulation: The Investment Advisors Act After Seventy-Five Years, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
Seventy-five years after its enactment the Investment Advisers Act of 1940 has advanced from a relatively weak statute merely registering advisers with the Securities and Exchange Commission (SEC) to a more robust law imposing fiduciary responsibilities on advisers. Over the years, the number of investment advisers and the number of their clients have increased greatly. The SEC therefore has been pressured by Congress to develop a harmonized fiduciary standard for broker-dealers and advisers and also to develop and enforce a greater degree of oversight over the advisory industry. These developments have raised the questions of how to fund such efforts …
Interlocutory Appeals In Texas: A History, Elizabeth Lee Thompson
Interlocutory Appeals In Texas: A History, Elizabeth Lee Thompson
St. Mary's Law Journal
This Article delves into the evolution of Texas's interlocutory appeals statute with the related goals of tracing the expanding subject matter of interlocutory appeals and identifying what these changes reflect about legal priorities and developments in Texas since the late nineteenth century.
Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer
Changing Humanity: Fifteen Years Of Progress In Animal Welfare And Protection, Earl Blumenauer
Animal Law Review
This Introduction outlines policy and societal changes in animal welfare over the last fifteen years. Covering the areas of industrial meat production and the treatment of farm animals, domesticated animals and cruelty, animal testing and laboratory animals, and protection of native species here and around the world, the Introduction documents meaningful policy achievements in each area, as well as accompanying and continuing societal efforts to improve outcomes for animal welfare in the United States and across the world. In addition, the Introduction documents current and future opportunities in the U.S. Congress and in local, national, and international policy to continue …
Legal Epistemologies, Howard Schweber