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Articles 1 - 30 of 1817

Full-Text Articles in Law

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel Apr 2104

Does The Second Amendment Protect Firearms Commerce?, David B. Kopel

David B Kopel

The Second Amendment protects the operation of businesses which provide Second Amendment services, including gun stores. Although lower federal courts have split on the issue, the right of firearms commerce is demonstrated by the original history of the Second Amendment, confirmed by the Supreme Court in District of Columbia v. Heller, and consistent with the Court's precedents on other individual rights.


Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman Oct 2019

Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman

Dan Farbman

No abstract provided.


A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris Oct 2019

A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris

Douglas C Harris

The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …


Defending Truth, Cynthia V. Ward, Peter A. Alces Sep 2019

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.


Statutory Interpretation In Econotopia, Nathan B. Oman Sep 2019

Statutory Interpretation In Econotopia, Nathan B. Oman

Nathan B. Oman

Much of the debate in the recent revival of interest in statutory interpretation centers on whether or not courts should use legislative history in construing statutes. The consensus in favor of this practice has come under sharp attack from public choice critics who argue that traditional models of legislative intent are positively and normatively incoherent. This paper argues that in actual practice, courts look at a fairly narrow subset of legislative history. By thinking about the power to write that legislative history as a property right and legislatures as markets, it is possible to use Coase's Theorem and the concept …


Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman Sep 2019

Natural Law And The Rhetoric Of Empire: Reynolds V. United States, Polygamy, And Imperialism, Nathan B. Oman

Nathan B. Oman

In 1879, the U.S. Supreme Court construed the Free Exercise Clause for the first time, holding in Reynolds v. United States that Congress could punish Mormon polygamy. Historians have interpreted Reynolds, and the anti-polygamy legislation and litigation that it midwifed, as an extension of Reconstruction into the American West. This Article offers a new historical interpretation, one that places the birth of Free Exercise jurisprudence in Reynolds within an international context of Great Power imperialism and American international expansion at the end of the nineteenth century. It does this by recovering the lost theory of religious freedom that the Mormons …


A Theory Of Civil Liability, Nathan B. Oman Sep 2019

A Theory Of Civil Liability, Nathan B. Oman

Nathan B. Oman

No abstract provided.


The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike Sep 2019

The Significance Of The Corpus Juris Civilis: Matilda Of Canossa And The Revival Of Roman Law, Thomas J. Mcsweeney, Michéle K. Spike

Thomas J. McSweeney

No abstract provided.


The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney Sep 2019

The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney Sep 2019

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney Sep 2019

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney Sep 2019

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney Sep 2019

Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney Sep 2019

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Thomas J. McSweeney

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal …


Happy 790th, Magna Carta!, Thomas J. Mcsweeney Sep 2019

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney Sep 2019

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law …


Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney Sep 2019

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney Sep 2019

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


The Reasonable Person In Trademark Law, Laura A. Heymann Sep 2019

The Reasonable Person In Trademark Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.


The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy Sep 2019

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.


The Corpus Juris Civilis, Frederick W. Dingledy Sep 2019

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

Byzantine Emperor Justinian I ordered the creation of the Corpus Juris Civilis, a compilation of the laws in force at the time, which would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States' law used principles listed the Corpus as a guide, and to this day legal scholars and historians still refer to it. Despite its importance, the Corpus can seem impenetrable to researchers, citations to the Corpus enigmatic. This program will give a history of the Corpus, describe its components, and give participants tools for researching …


The Corpus Juris Civilis, Frederick W. Dingledy Sep 2019

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis, created by order of Byzantine Emperor Justinian I to compile the laws in force at the time, would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States’ law used principles listed in the Corpus as a guide, and to this day legal scholars and historians still refer to it. As a system of law based on principles, not case law, the Corpus provided the framework upon which France built the Code Napoleon. The Corpus' influence can be seen in the legal systems …


"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy Sep 2019

"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

No abstract provided.


Defending Truth, Cynthia V. Ward, Peter A. Alces Sep 2019

Defending Truth, Cynthia V. Ward, Peter A. Alces

Peter A. Alces

No abstract provided.


Correspondence: The Stuff Of Constitutional Law, Neal Devins Sep 2019

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Neal E. Devins

No abstract provided.


Government Lawyers And The New Deal, Neal Devins Sep 2019

Government Lawyers And The New Deal, Neal Devins

Neal E. Devins

No abstract provided.


The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades Sep 2019

The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades

Eric A. Kades

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Sep 2019

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Eric A. Kades

No abstract provided.


The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green Sep 2019

The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green

Michael S. Green

According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If the government has …


Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green Sep 2019

Dworkin V. The Philosophers: A Review Essay On Justice In Robes, Michael S. Green

Michael S. Green

In this review essay, Professor Michael Steven Green argues that Dworkin's reputation among his fellow philosophers has needlessly suffered because of his refusal to back down from his "semantic sting" argument against H. L. A. Hart. Philosophers of law have uniformly rejected the semantic sting argument as a fallacy. Nevertheless Dworkin reaffirms the argument in Justice in Robes, his most recent collection of essays, and devotes much of the book to stubbornly, and unsuccessfully, defending it. This is a pity, because the failure of the semantic sting argument in no way undermines Dworkin's other arguments against Hart.