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Full-Text Articles in Law

How Patents Became Politics, Steven Wilf Jan 2023

How Patents Became Politics, Steven Wilf

Faculty Articles and Papers

Political mobilization in the digital age often coalesces around opposition to the far-reaching protection of intellectual property. Both copyright and patent have materialized as the centerpiece of major political and legal debates that take a variety of forms, including the European pirate parties, NGOs such as the Electronic Frontier Foundation in the United States, and the call for Open Source software. The commonplace narrative is that self-interested stakeholders over the past century successfully fashioned an ever-expanding intellectual property system, and that resistance to such legal control of knowledge only emerged in our times. By contrast, this article recovers a little-known …


Turnover Taxes: Their Origin, Fall From Grace, And Resurrection, Richard Pomp Jan 2022

Turnover Taxes: Their Origin, Fall From Grace, And Resurrection, Richard Pomp

Faculty Articles and Papers

The turnover tax, a hallmark of developing nations and even once blamed for Spain’s decline, has made a comeback in the states, starting with Ohio.

A turnover tax is a gross receipts tax that is applied every time a good or service “turns over,” that is, every time the good or service transfers from one entity to another for consideration. The tax base is therefore turnover, and the measure of the tax is gross receipts.

In this article, Professor Richard Pomp examines the turnover tax’s deep roots dating back to ancient Athens, and tracks its course from the time the …


Connecticut 1818: From Theocracy To Toleration, Mark Weston Janis Jan 2021

Connecticut 1818: From Theocracy To Toleration, Mark Weston Janis

Faculty Articles and Papers

What accounts for the "new" 1818 Connecticut Constitution that repudiated the theocracy of the state and disestablished the Congregationalist Church? The answer is proof positive of Professor Richard Kay's proposition that a constitution, representing the foundation of legal system, is not based on law, but rather on politics, economics, and morality.

Connecticut was one of the last American states to separate church and state, and to provide for religious toleration. The 1818 religiously-tolerant Constitution resulted from three causes. First was the collapse of the political mainstay of the Congregational Church, the Federalist Party, which never recovered public support after sponsoring …


Review Of Colin Calloway, Pen And Ink Witchcraft: Treaties And Treaty Making In American Indian History, Bethany Berger Jan 2014

Review Of Colin Calloway, Pen And Ink Witchcraft: Treaties And Treaty Making In American Indian History, Bethany Berger

Faculty Articles and Papers

No abstract provided.


Review, From Industrial To Legal Standardization, 1871-1914: Transnational Insurance Law And The Great San Francisco Earthquake, Sachin Pandya Jan 2013

Review, From Industrial To Legal Standardization, 1871-1914: Transnational Insurance Law And The Great San Francisco Earthquake, Sachin Pandya

Faculty Articles and Papers

No abstract provided.


The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya Jun 2011

The First Liability Insurance Cartel In America, 1896-1906, Sachin S. Pandya

Faculty Articles and Papers

This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability for employee accidents at work and non-employee injuries occasioned by their business operations. In 1896, the leading liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart. Although largely forgotten until now, the rise and fall of this cartel confirms the expectations of both cartel theory and past studies of insurance cartels, largely in …


Copyright And Social Movements In Late Nineteenth-Century America, Steven Wilf Jan 2011

Copyright And Social Movements In Late Nineteenth-Century America, Steven Wilf

Faculty Articles and Papers

The cultural turn in copyright law identified authorship as a rhetorical construct employed by economic interests as a mechanism to establish claims to property rights. Grassroots intellectual property political movements have been seen as both a means of countering these interests’ ever-expanding proprietary control of knowledge and establishing a more public regarding copyright system. This Article examines one of the most notable intellectual property political movements, the emergence of late nineteenth-century agitation to provide copyright protection for foreign authors as a social movement. It places this political and legal activism within the larger framework of Progressive Era reform. During this …


Law/Text/Past, Steven Wilf Jan 2011

Law/Text/Past, Steven Wilf

Faculty Articles and Papers

How might legal historians read text? What is particular about their modes of reading as opposed to those employed by readers in other disciplines? This essay will analyze the distinctive features of legal texts such as those stemming from the pervasive reliance upon conventions or boilerplate as part of a bricolage construction, the focus upon legitimizing gestures to official authority, and the normative, almost instrumental nature of many legal texts. While other sorts of texts might be more expressive, statutes, for example, always include a sanction. Drawing upon numerous examples, the paper identifies an expansive array of texts, including extra-official …


The United States And International Law: The United Nations Finds A Home, Mark Weston Janis Jan 2011

The United States And International Law: The United Nations Finds A Home, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


The Language Of Lives, Jill Anderson Jan 2010

The Language Of Lives, Jill Anderson

Faculty Articles and Papers

No abstract provided.


The Invention Of Legal Primitivism, Steven Wilf Jan 2009

The Invention Of Legal Primitivism, Steven Wilf

Faculty Articles and Papers

This Article addresses a different sort of legal transplant - one in which outside legal doctrines are imported in order to be cabined, treated as normative counterpoints, and identified as the legal other. Legal primitivism is a kind of anti-transplant. It heightens the persistent differences between a dominant legal system and its understanding of primitive rules. An often ignored legal literature depicting legal primitivism emerged in the second half of the nineteenth century and in the early twentieth century. Mapping the differences between America’s modern legal system and its antecedents, this immense literature, which included works by Oliver Wendell Holmes, …


Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr Jan 2008

Unchaste And Incredible: The Use Of Gendered Conceptions Of Honor In Impeachment, Julia Simon-Kerr

Faculty Articles and Papers

This paper demonstrates that the American rules for impeaching witnesses developed against a cultural background that equated a woman's honor, and thus her credibility, with her sexual virtue. The idea that a woman's chastity informs her credibility did not originate in rape trials and the confusing interplay between questions of consent and sexual history. Rather, gendered notions of honor so permeated American legal culture that attorneys routinely attempted to impeach female witnesses by invoking their sexual histories in cases involving such diverse claims as title to land, assault, arson, and wrongful death. But while many courts initially accepted the notion …


The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf Jan 2008

The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf

Faculty Articles and Papers

During the New Deal period, intellectual property underwent a transformation. Copyright was recast from literary property to industrial property; trademark shifted from a common law tort of palming off to a regulatory regime for a mass consumer economy, and patent law was rethought to accommodate corporate invention. This essay begins by examining the advantages of looking at intellectual property as deeply situated in New Deal debates over political economy, and calls for a new history of intellectual property very different from conventional narratives moored in the introduction of new technologies. More broadly, it suggests that examining foundational past policy debates, …


How 'Wilsonian' Was Woodrow Wilson, Mark Weston Janis Jan 2007

How 'Wilsonian' Was Woodrow Wilson, Mark Weston Janis

Faculty Articles and Papers

This essay reveals how President Woodrow Wilson's passion for international law slowly developed over several stages in his life from his professorship at Princeton to his presidency. By exploring Wilson's conversion from a skeptic of international law to one of its greatest proponents, the author shows how Wilson's world view shaped American foreign policy and the political landscape.


It's Not About The Fox: The Untold History Of Pierson V. Post, Bethany Berger Jan 2006

It's Not About The Fox: The Untold History Of Pierson V. Post, Bethany Berger

Faculty Articles and Papers

For generations, Pierson v. Post, the famous fox case, has introduced students to the study of property law. Two hundred years after the case was decided, this Article examines the history of the case to show both how it fits into the American ideology of property, and how the facts behind the dispute challenge that ideology. Pierson is a canonical case because it replicates a central myth of American property law, that we start with a world in which no one has rights to anything and the fundamental problem is how best to convert it to absolute individual ownership. The …


Some Thoughts On Herb Johnson's Favorite Court, R. Kent Newmyer Apr 2005

Some Thoughts On Herb Johnson's Favorite Court, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg Jan 2005

The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Getting Right With The Great Chief Justice, R. Kent Newmyer Jan 2002

Getting Right With The Great Chief Justice, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer Jul 2000

John Marshall, Mcculloch V. Maryland, And The Southern States' Rights Tradition, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay Jan 2000

Review, Inherent Rights, The Written Constitution, And Popular Sovereignty: The Founders' Understanding, Richard Kay

Faculty Articles and Papers

Reviewing Thomas B. McAffee, Inherent Rights, the Written Constitution, and Popular Sovereignty: The Founders' Understanding. Westport, Conn.: Greenwood Press, 2000


John Marshall As An American Original: Some Thoughts On Personality And Judicial Statesmanship, R. Kent Newmyer Jan 2000

John Marshall As An American Original: Some Thoughts On Personality And Judicial Statesmanship, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer Jul 1999

Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.


Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway Jan 1995

Dealing With Diversity: Changing Theories Of Discrimination, Deborah Calloway

Faculty Articles and Papers

No abstract provided.


Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf Jan 1993

Imagining Justice: Aesthetics And Public Executions In Late Eighteenth-Century England, Steven Wilf

Faculty Articles and Papers

No abstract provided.


Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman Jul 1992

Soia Mentschikoff And Karl Llewellyn: Moving Together To The University Of Chicago Law School, Robert Whitman

Faculty Articles and Papers

No abstract provided.


Review, Imperial Appeal: The Debate On The Appeal To The Privy Council, 1833-1986, Richard Kay Jan 1988

Review, Imperial Appeal: The Debate On The Appeal To The Privy Council, 1833-1986, Richard Kay

Faculty Articles and Papers

No abstract provided.


The Illegality Of The Constitution, Richard Kay Jan 1987

The Illegality Of The Constitution, Richard Kay

Faculty Articles and Papers

No abstract provided.


On Evidences And Intentions: The More Proof, The More Doubt, Carol Weisbrod Jul 1986

On Evidences And Intentions: The More Proof, The More Doubt, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.


Limited Liability And Corporate Groups, Phillip Blumberg Jan 1986

Limited Liability And Corporate Groups, Phillip Blumberg

Faculty Articles and Papers

No abstract provided.


Images Of The Woman Juror, Carol Weisbrod Jan 1986

Images Of The Woman Juror, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.