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Articles 1 - 30 of 46
Full-Text Articles in Law
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Dilemmas Of Group Autonomy: Residential Associations And Community, Gregory S. Alexander
Cornell Law Faculty Publications
We are a society of groups. De Tocqueville's observation that the principle of association shapes American society remains as valid today as it was in the mid-nineteenth century. For us, as for others, the vita activa is participation in a seemingly limitless variety of groups. The importance of group activity in our national character has strongly influenced the agenda of political questions that recur in American political and legal theory. One of the fundamental normative questions on this agenda concerns the proper relationship between groups and the polity. To what extent should the polity foster connections between associations and the …
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
Free Exercise In The Free State: Maryland's Role In Religious Liberty And The First Amendment, Kenneth Lasson
All Faculty Scholarship
Maryland arguably holds the distinction of being the state whose early history most directly ensured, and whose citizenry was most directly affected by, the First Amendment's protection of religious freedom. Because of its relatively diverse religious population, Maryland stood out as both a champion of tolerance and a hotbed of discrimination for most of its colonial experience. Similarities have been pointed out between the first provincial government in St. Mary's, Maryland, and the American plan under the Constitution, particularly with respect to religious liberty.
This article offers a brief overview of the religious history of Maryland, focuses on important state …
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
The Politics Of God And The Woman's Vote: Religion In The American Suffrage Movement, 1848-1895, Elizabeth B. Clark
Publications
This thesis examines the role of religion— both liberal and evangelical Protestantism— in the development of a feminist political theory in America during the nineteenth century and how that feminist theory in turn helped to transform American liberalism. Chapter 1 looks for the genesis of women's rights language, not in the republican rhetoric of the Founding Fathers, but in the teachings of liberal Protestantism and its links with laissez-faire economic theory. The antebellum understanding of rights is shown to have encompassed social and civil rights alike, and to have arisen from a vision of the mutual benefits that derived from …
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
The Supreme Court Of Israel: Formative Years, 1948-1955, Pnina Lahav
Faculty Scholarship
This article looks at the institutional and jurisprudential development of the Israeli Supreme Court in its early stages.
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Legal Pragmatism In The People's Republic Of China, Xingzhong Yu
Cornell Law Faculty Publications
No abstract provided.
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
The New Economic Theory Of The Firm: Critical Perspectives From History, William W. Bratton
All Faculty Scholarship
No abstract provided.
Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg
Commentary On “On The Nature Of Bankruptcy”: Bankruptcy And Bargaining, Theodore Eisenberg
Cornell Law Faculty Publications
At a conference on bargaining, it should not be surprising that there is more than one perspective on the relationship between bankruptcy and bargaining. Dean Jackson and Professor Scott's article emphasizes a hypothetical bargain to be struck by idealized participants in a firm. It explores the relationship between bankruptcy and that bargain. By imagining what that bargain would look like, Jackson and Scott construct new justifications for bankruptcy law's distributional rules. Such a theory, however, is subject to reservations about the depth of insight that can be gained from examination of purely theoretical bargains. Stripped of real-world characteristics, hypothetical bargains …
Property And Suffrage In The Early American Republic, Robert J. Steinfeld
Property And Suffrage In The Early American Republic, Robert J. Steinfeld
Journal Articles
No abstract provided.
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
Corporate Debt Relationships: Legal Theory In A Time Of Restructuring, William W. Bratton
All Faculty Scholarship
No abstract provided.
Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry
Second-Order Reasons, Uncertainty And Legal Theory, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
James Wilson's "Assimilation Of The Common-Law Mind", Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
A Two-Tiered Theory Of Consolidation And Separation Of Powers, David S. Yassky
A Two-Tiered Theory Of Consolidation And Separation Of Powers, David S. Yassky
Elisabeth Haub School of Law Faculty Publications
This Note explores the jurisprudential implications of the New Deal watershed and elaborates a post-New Deal theory of allocation of governmental power. Part I begins with a discussion of the Federalist theory of separation of powers. For the Federalists, two conditions ensured an effective separation. First, governmental branches must be institutionally independent; each must be free from control by the others. Second, the branches must be functionally specialized; each must wield a distinct component of governmental power, so that the assent of all three is required for government action.
Until the New Deal, the Supreme Court incorporated this theory into …
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
The First Integration Of The University Of Maryland School Of Law, David S. Bogen
Faculty Scholarship
No abstract provided.
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
The Field Of Public Land Law -- A Ten-Year Retrospective, Charles F. Wilkinson
Publications
No abstract provided.
Positivism In The Historiography Of The Common Law, David K. Millon
Positivism In The Historiography Of The Common Law, David K. Millon
Scholarly Articles
A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.
Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Antitrust In The Formative Era: Political And Economic Theory In Constitutional And Antitrust Analysis, 1880-1918, James May
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Freedom Of Expression In A Pluralistic Society, James W. Nickel
Articles
No abstract provided.
Chapter 4 - Self-Ownership And The Political Theory Of Elizabeth Cady Stanton (Previously Published Article), Elizabeth B. Clark
Chapter 4 - Self-Ownership And The Political Theory Of Elizabeth Cady Stanton (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …
Self-Ownership And The Political Theory Of Elizabeth Cady Stanton, Elizabeth B. Clark
Self-Ownership And The Political Theory Of Elizabeth Cady Stanton, Elizabeth B. Clark
Publications
The emphasis on freedom or enslavement of the body, and the issues that sprang from that focus, were feminists' contribution to nineteenth-century American liberalism, as well as their link to radical thought. Elizabeth Cady Stanton drew arguments from the realm of political liberty and religious tolerance to make the case for choice in private life. But the vision of individual autonomy in sexual and domestic matters served also as the basis for her definition of citizenship and as a paradigm for relations among citizens and between citizens and the state. Self-ownership was the unifying theme that ran through Stanton's political …
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Some Reasons For A Restoration Of Natural Law Jurisprudence, Charles E. Rice
Journal Articles
The growing influence of utilitarianism and legal positivism in American jurisprudence today and the decline of natural law have produced an ominous shift in the foundation of our legal system. This shift is illustrated by various courts' approaches to momentous legal issues of the Twentieth Century such as abortion and euthanasia. Ultimately, legal positivism is unacceptable as a jurisprudential framework because it provides no inherent limits on the power of the state and no basis for determining what is just. In contrast, the natural law provides a jurisprudential framework that both guides and limits the civil law. It therefore is …
Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine
Dispute Resolution Between The General Motors Corporation And The United Automobile Workers, 1970-1982, Theodore J. St. Antoine
Book Chapters
At the end of 1982 the active membership of the United Automobile Workers stood at 1.25 million workers, belonging to about 1,600 local unions in the United States and Canada. There were 1.14 million Americans and 115,000 Canadians. Women accounted for 170,000 memberships in the two countries. A fifth or more of the total may have been retired members. The UAW ranks as the largest manufacturing union, ahead of the United Steelworkers, but behind three unions representing truckers, school teachers, and retail employees. Substantially all the blue-collar workers in the domestic auto industry have been organized, the vast majority by …
Copyright Legislation And Technological Change, Jessica D. Litman
Copyright Legislation And Technological Change, Jessica D. Litman
Articles
Throughout its history, copyright law has had difficulty accommodating technological change. Although the substance of copyright legislation in this century has evolved from meetings among industry representatives whose avowed purpose was to draft legislation that provided for the future,6 the resulting statutes have done so poorly. The language of copyright statutes has been phrased in fact-specific language that has grown obsolete as new modes and mediums of copyrightable expression have developed. Whatever copyright statute has been on the books has been routinely, and justifiably, criticized as outmoded.7 In this Article, I suggest that the nature of the legislative process we …
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Secular Cases In The Church Courts: A Historical Survey, Robert E. Rodes
Journal Articles
When students of legal history think of church courts, they may conjure up thoughts of some odd and obsolete tribunal about which Dickens wrote, while students of popular history may think of the people who burned Joan of Arc. In contrast, when Roman Catholics think of Church courts, they may think of tribunals which do no more than grant marriage annulments, while American Protestants may think of nothing at all. Church courts encompass the whole range of institutions used by different churches, including Jewish communities, for authoritative intervention into affairs of individual church members. Institutions of this kind have had …
Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang
Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This very brief essay seeks to sketch out as well as consider an approach toward legal analysis and reasoning that would aid in the development of an autochthonous Singapore legal system, ' and that, in any event, would probably also be relevant even in more generalized ad hoc situations. It is assumed that many, if not most, of those involved in the discipline of Singapore law desire the construction of an autochthonous legal system, although the skeptic might find - as just mentioned - the approach suggested here of some utility as well.
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
The Constitutional Theory Of The Fourth Amendment, Gerard V. Bradley
Journal Articles
This Article will, in large part, present its thesis regarding fourth amendment doctrine by employing, as an illustration, a recent application of the current approach by the Seventh Circuit Court of Appeals. In United States v. Torres, the Seventh Circuit held video surveillance constitutional and further found that the judiciary had the authority to issue warrants for such a technique. Although welcomed by prosecutors and law enforcement officials, this decision highlights the absurdity of the current interpretation of the reasonableness clause. Moreover, Torres provides a vehicle through which this Article's historical interpretation can be brought into focus under the cold …
Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill
Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill
Department of Sociology: Dissertations, Theses, and Student Research
Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …
Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches
Groundwater Quality Protection: Setting A National Goal For State And Federal Programs, David H. Getches
Publications
No abstract provided.
Water Marketing In Wyoming, Mark Squillace
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
Publications
No abstract provided.