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Articles 1 - 30 of 46
Full-Text Articles in Law
On War And Justice, Jeffrey C. Tuomala
On War And Justice, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.
Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.
Department of Philosophy: Faculty Publications
It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the defect of …
A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish
A Guide To American Legal History Methodology With An Example Of Research In Progress, Jenni Parrish
Faculty Scholarship
No abstract provided.
Law And Philosophy, Philosophy And Law, Francis J. Mootz Iii
Law And Philosophy, Philosophy And Law, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii
The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii
McGeorge School of Law Scholarly Articles
No abstract provided.
It's Worth Remembering, John W. Reed
It's Worth Remembering, John W. Reed
Other Publications
A speech delivered to the Michigan Supreme Court Historical Society Annual Meeting luncheon, held in Southfield, Michigan on April 28, 1994.
Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber
Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber
All Faculty Scholarship
No abstract provided.
Ancient Law And Modern Eyes, David Snyder
Ancient Law And Modern Eyes, David Snyder
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Democracy's Incursion Into The Eastern Shore: The 1870 Election In Chestertown, C. Christopher Brown
Democracy's Incursion Into The Eastern Shore: The 1870 Election In Chestertown, C. Christopher Brown
Faculty Scholarship
No abstract provided.
Voice In Government: The People, Emily Calhoun
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
Scholarly Articles
None available.
Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles
Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles
Cornell Law Faculty Publications
This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …
Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
Rethinking The Line Between Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Writing Supreme Court Biography: A Single Lens View Of A Nine-Sided Image, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington
Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington
Scholarly Articles
I would like to make several points in this essay. First, the historians of national legal systems are still, by and large, balkanized. They study, explain, and trace the history of their legal systems with only a cursory nod in the direction of the Ius commune. Second, within the Ius commune, some historians still approach a topic as if its various parts can be studied in isolation. A Romanist will study a doctrine of Roman law as if canon and feudal law had only tangential influence on the development of the thought of the civilians.
Initiative Enigmas, Richard Collins
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya
Publications
No abstract provided.
Response To Hittinger, Gerard V. Bradley
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas
Faculty Publications
No abstract provided.
The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George
The New Natural Law Theory: A Reply To Jean Porter, Gerard V. Bradley, Robert George
Journal Articles
The theory of practical reasoning and morality proposed by Germain Grisez, and developed by him in frequent collaboration with John Finnis and Joseph Boyle, is the most formidable presentation of natural law theory in this century. Although work by Finnis and others has brought this "new natural law theory" (NNLT) to the attention of secular philosophers, the theory is of particular interest to Catholic moralists. This is because NNLT provides resources for a fresh defense of traditional moral norms, including those forbidding abortion, euthanasia, and other forms of "direct" killing, as well as sexual immoralities such as fornication, sodomy, and …
Practicing Poetry, Teaching Law, David A. Skeel Jr.
Practicing Poetry, Teaching Law, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Review Of Notaries Public In England Since The Reformation, William Hamilton Bryson
Review Of Notaries Public In England Since The Reformation, William Hamilton Bryson
Law Faculty Publications
A book review on Notaries Public in England Since the Reformation by Christopher W. Brooks, Richard H. Helmholz, and Peter G. Stein.
The New Legal Hermeneutics, Francis J. Mootz Iii
The New Legal Hermeneutics, Francis J. Mootz Iii
Scholarly Works
Gregory Leyh has edited a volume of essays commissioned “to examine the intersections between contemporary legal theory and the foundations of interpretation” as explored in contemporary hermeneutics. The essays are diverse and multidisciplinary, but each sheds light on perplexing issues of legal interpretation that have exhausted commentators in recent years. The contributors share a broad agreement that we must reject the picture of law as an autonomous, insulated discourse and instead must regard legal discourse as one of many interrelated practices rooted in our character as interpretive beings.
Each contributor addressees the central concerns defined by the leading philosopher of …
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
The Limits Of Preference-Based Legal Policy, Herbert J. Hovenkamp
All Faculty Scholarship
America's political institutions are built on the principle that individual preferences are central to the formation of policy. The two most important institutions in our system, democracy and the market, make individual preference decisive in the formation of policy and the allocation of resources. American legal traditions have always reflected the centrality of preference in policy determination. In private law, the importance of preference is reflected mainly in the development and persistence of common-law rules, which are intended to facilitate private transactions over legal entitlements. In constitutional law, the centrality of preference is reflected in the high position we assign …
On A New Theory Of Justice, William Ewald
On A New Theory Of Justice, William Ewald
All Faculty Scholarship
No abstract provided.
The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch
The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Interpreting Oriental Cases: The Law Of Alterity In The Colonial Courtroom, Kunal Parker
Articles
No abstract provided.
Liberalism And Natural Law Theory, John M. Finnis
Liberalism And Natural Law Theory, John M. Finnis
Journal Articles
I shall argue, in the course of this lecture, that the title I gave myself is a bad one, one that sets a bad example. "Liberalism," like "conservatism" and "socialism," is too local, contingent and shifting a term to deserve a place in a general theory of society, politics, government and law. So I had better say at once which proposition or set of propositions I, on this occasion, was gesturing towards with the word "liberalism," out of all the many propositions, often conflicting, which have been called "liberal." What I had in mind was the thesis that government and …
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Review Of Political Discourse In Early Modern Britain, Donald J. Herzog
Reviews
This is a festschrift for the indefatigable J. G. A. Pocock (indefatigable indeed: the volume closes with a daunting nine-page bibliography of Pococks work to date, a veritable flood of erudition that shows no signs of ebbing). The essays are better than what usually end up stuck in such volumes: better as a simple matter of scholarly quality, but better too as exemplary models of what is distinctive in Pocock's approach. I suppose that at this price, no one will consider asking impoverished graduate students to purchase the volume. But there are always reserve desks, not to mention xerox machines …
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Switching Time And Other Thought Experiments: The Hughes Court And Constitutional Transformation, Richard D. Friedman
Articles
For the most part, the Supreme Court's decisions in 1932 and 1933 disappointed liberals. The two swing Justices, Chief Justice Charles Evans Hughes and Justice Owen J. Roberts, seemed to have sided more with the Court's four conservatives than with its three liberals. Between early 1934 and early 1935, however, the Court issued three thunderbolt decisions, all by five-to-four votes on the liberal side and with either Hughes or Roberts writing for the majority over the dissent of the conservative foursome: in January 1934, Home Building & Loan Ass'n v. Blaisdell' severely limited the extent to which the Contracts Clause …