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Series

1988

Legal History

Institution
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Articles 1 - 30 of 42

Full-Text Articles in Law

The Crisis In Modern Contract Theory, Robert A. Hillman Nov 1988

The Crisis In Modern Contract Theory, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.


The Family Court: An Historical Survey, Merril Sobie Jul 1988

The Family Court: An Historical Survey, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the ...


A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande Jun 1988

A Framework For Evaluating The Antitrust Legacy Of The Reagan Administration, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky Apr 1988

Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky

Book Reviews

Review of Robert A. Ferguson, Law and Letters in American Culture; R. Kent Newmeyer, Supreme Court Justice joseph Story: Statesman of the Old Republic; and William H. Pease & Jane H. Pease, The Web of Progress: Private Values and Public Syles in Boston and Charleston.


Economic Union As A Constitutional Value, Richard B. Collins Jan 1988

Economic Union As A Constitutional Value, Richard B. Collins

Articles

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine ...


Four Predictions For The Criminal Law Of 2043, Paul H. Robinson Jan 1988

Four Predictions For The Criminal Law Of 2043, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.


Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin Jan 1988

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

Faculty Scholarship at Penn Law

No abstract provided.


Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana Jan 1988

Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana

Other Publications

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.


Rare Book And Special Collections Bibliography, Beatrice S. Citron Jan 1988

Rare Book And Special Collections Bibliography, Beatrice S. Citron

Rare Books and Special Collections

No abstract provided.


Reply To Cornel West, William Ewald Jan 1988

Reply To Cornel West, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp Jan 1988

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

Classical political economy was dedicated to the principle that the state could best encourage economic development by leaving entrepreneurs alone, free of regulation and subsidy. The development of classical economic policy in the United States dramatically changed the concept of the business corporation. Within the preclassical, mercantilist model, the corporation was a unique entity created by the state for a special purpose and enjoyed a privileged relationship with the sovereign. The very act of incorporation presumed state involvement. State subsidy and the incorporators' public obligation were natural corollaries. Business firms that relied on the market alone to determine their prospects ...


The Line Between History And Casenote, John Henry Schlegel Jan 1988

The Line Between History And Casenote, John Henry Schlegel

Journal Articles

No abstract provided.


Benjamin N. Cardozo: Sixty Years After His Appointment As New York's Chief Judge, Jay C. Carlisle Jan 1988

Benjamin N. Cardozo: Sixty Years After His Appointment As New York's Chief Judge, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Sixty years after his appointment as Chief Judge of the New York State Court of Appeals, Benjamin N. Cardozo’s place in history as one of the country's most outstanding jurists and preeminent legal philosophers is secure. He is· widely acclaimed for being a successful practitioner, a brilliant legal scholar and a man who is ranked among the preeminent American judges, along with Marshall, Kent, Story and Holmes. He was a giant of his era who, while spending all but six years of his professional life in New York, exerted a powerful national influence upon his own times.


Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson Jan 1988

Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson

Articles

No abstract provided.


Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson Jan 1988

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Articles

No abstract provided.


Luther Martin, Maryland And The Constitution, William L. Reynolds Jan 1988

Luther Martin, Maryland And The Constitution, William L. Reynolds

Faculty Scholarship

Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).


The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson Jan 1988

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

Articles

No abstract provided.


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v ...


Constitutional Values And The Literature Of The Early Republic, Maxwell Bloomfield Jan 1988

Constitutional Values And The Literature Of The Early Republic, Maxwell Bloomfield

Scholarly Articles and Other Contributions

No abstract provided.


The Collaborative Model Of Statutory Interpretation, William D. Popkin Jan 1988

The Collaborative Model Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall Jan 1988

Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall

Articles by Maurer Faculty

No abstract provided.


Toward A General Theory Of The Establishment Clause, Daniel O. Conkle Jan 1988

Toward A General Theory Of The Establishment Clause, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.


Legal Innovation Within The Wider Intellectual Tradition: The Pragmatism Of Oliver Wendell Holmes, Jr., Catharine P. Wells Jan 1988

Legal Innovation Within The Wider Intellectual Tradition: The Pragmatism Of Oliver Wendell Holmes, Jr., Catharine P. Wells

Boston College Law School Faculty Papers

From the introduction:

Oliver Wendell Holmes, Jr. is one of the dominant figures in American jurisprudence. As a scholar, he wrote prolifically about legal theory and legal history. His book The Common Law is one of the most influential studies of the common law tradition; it has shaped the views of American legal scholars for several generations. In addition, Holmes spent nearly forty years as a judge-first as a justice on the Massachusetts Supreme Judicial Court and later as an Associate Justice of the United States Supreme Court. On the bench, Holmes was a formidable presence influencing the development of ...


Article Iii As A Fundamental Value -- The Demise Of Northern Pipeline And Its Implications For Congressional Power, George D. Brown Jan 1988

Article Iii As A Fundamental Value -- The Demise Of Northern Pipeline And Its Implications For Congressional Power, George D. Brown

Boston College Law School Faculty Papers

No abstract provided.


Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher Jan 1988

Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher

Articles by Maurer Faculty

No abstract provided.


Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg Jan 1988

Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.


Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller Jan 1988

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.


A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green Jan 1988

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent ...


Original Understanding And The Constitution, Michael E. Tigar Jan 1988

Original Understanding And The Constitution, Michael E. Tigar

Faculty Scholarship

No abstract provided.