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2003

Legal History

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Articles 1 - 30 of 103

Full-Text Articles in Law

Habeas Corpus Reform In El Salvador, Mary Holper Dec 2003

Habeas Corpus Reform In El Salvador, Mary Holper

Law and Justice in the Americas Working Paper Series

In this paper I compare the habeas corpus systems of El Salvador, the United States and Argentina. My purpose is to develop a general understanding of the procedure for bringing the writ in each country and analyze the substantive law governing the rights of habeas corpus petitioners in each country. I evaluate the systems against the backdrop of each country’s political and legal history with respect to the writ of habeas corpus. The ultimate aim of this paper is to reform the habeas corpus law of El Salvador by analyzing the Salvadoran system as compared to the Argentine and ...


Compensation And Revenge, Emily Sherwin Dec 2003

Compensation And Revenge, Emily Sherwin

Cornell Law Faculty Publications

No abstract provided.


Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles Nov 2003

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Cornell Law Faculty Publications

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In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala Oct 2003

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster Oct 2003

The Symbols Of Governance: Thurman Arnold And Post-Realist Legal Theory, Mark Fenster

UF Law Faculty Publications

This article is an effort to provide both the intellectual context of Thurman Arnold's work and, through his work, a better sense of where and how the study of law turned after realism. The article is in five parts. Part I describes Arnold's relationship with legal realism, looking at the earliest part of his academic career when, as a mainstream realist, he performed empirical studies of local and state court systems. Part II is Arnold's proposed field of "Political Dynamics," an interdisciplinary approach to the symbols of law, politics, and economics. Part III considers Arnold's authorial ...


Fall 2003 Oct 2003

Fall 2003

Bill of Particulars

No abstract provided.


Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson Oct 2003

Killing The Non-Willing: Atkins, The Volitionally Incapacitated, And The Death Penalty, John H. Blume, Sheri Lynn Johnson

Cornell Law Faculty Publications

Jamie Wilson, nineteen years old and severely mentally ill, walked into a school cafeteria and started shooting. Two children died, and Jamie was charged with two counts of capital murder. Because he admitted his guilt, the only issue at his trial was the appropriate punishment. The trial judge assigned to his case, after hearing expert testimony on his mental state, found that mental illness rendered Jamie unable to conform his conduct to the requirements of law at the time of the crime—not impaired by his mental illness in his ability to control his behavior, but unable to control his ...


The Evolution Of Equality In American Law, Gerald Torres Oct 2003

The Evolution Of Equality In American Law, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.


W & M Law School Came First. Why Care?, W. Taylor Reveley Iii Oct 2003

W & M Law School Came First. Why Care?, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen Oct 2003

The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen

Scholarly Works

As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in ...


Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...


Speech: The Bill Of Rights, Garrett Epps Jul 2003

Speech: The Bill Of Rights, Garrett Epps

All Faculty Scholarship

The Bill of Rights is a much more fortuitous addition to the Constitution than many people imagine. The tired delegates at Philadelphia were unable to make the final effort to frame a bill of rights, and their failure nearly caused the collapse of ratification. When the First Congress met, James Madison took responsibility for making the new government live up to the implied pledge made during ratification to provide a partial list, drawn from the historic rights on English subjects. Not all Madison's proposed amendments were adopted however. The work of adumbrating the full scope of liberty under the ...


Factless Jurisprudence, Darren Lenard Hutchinson Jul 2003

Factless Jurisprudence, Darren Lenard Hutchinson

UF Law Faculty Publications

Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation. Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination. Smith contends that contemporary equality jurisprudence, however, impedes the protective scope of the anti-retaliation provision because courts fail to appreciate the broader context of racial antagonism in which persons of color live. Particularly, courts often misinterpret lawful racial protest in the workplace as disruptive and appropriately regulated to the detriment ...


The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas Jul 2003

The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas

Faculty Publications

Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the ...


Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain Jul 2003

Approaches To Statutory Interpretation And Legislative History In France, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.


The Legal History Of The Twentieth Century, Daniel R. Coquillette Jul 2003

The Legal History Of The Twentieth Century, Daniel R. Coquillette

Boston College Law School Faculty Papers

No abstract provided.


Class Schedule - Summer 2003, Office Of Registrar Jul 2003

Class Schedule - Summer 2003, Office Of Registrar

Semester Schedules and Information

No abstract provided.


Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala May 2003

Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas Apr 2003

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Faculty Publications

No abstract provided.


A Different Sort Of Justice: The Informal Courts Of Public Opinion In Antebellum South Carolina, Elizabeth Dale Apr 2003

A Different Sort Of Justice: The Informal Courts Of Public Opinion In Antebellum South Carolina, Elizabeth Dale

UF Law Faculty Publications

Studies of nineteenth century legal history assume that the antebellum South, and antebellum South Carolina in particular, had a legal culture shaped by honor culture and marked by the hierarchical assumptions and extralegal violence that honor culture engendered. In this article, I offer a modification of that well-established account. While I do not question the influence of honor on South Carolina's antebellum legal culture, I suggest that the state had a second, shame-based system of popular justice, in which women played a prominent role. As was the case with honor culture, this second form of extralegal justice, which I ...


Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec Apr 2003

Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec

All Faculty Scholarship

In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.


Spring 2003 Apr 2003

Spring 2003

Bill of Particulars

No abstract provided.


Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2003

Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Cynthia E. White (L '80) worked in the City of Phialdelphia Law Department from 1984 to 2017, becoming Chief Deputy Solicitor of the Tax Unit in 1995. She has also served as president and board chairman of the Consumer Bankruptcy Assistance Project


Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2003

Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above.

Robert C. Sheehan (L '69) has practiced at Skadden, Arps since 1969 and served as Executive Partner from 1994 to 2009. He was won several awards for leadership and for pro bono work. He currently oversees Skadden's pro bono program. From 1996 to 2012 he was a member of the Penn Law Board of Overseers.


Reviving The Roman Republic; Remembering The Good Old Cause, Rob Atkinson Mar 2003

Reviving The Roman Republic; Remembering The Good Old Cause, Rob Atkinson

Scholarly Publications

No abstract provided.


Thinking Like A Lawyer, Jeffrey C. Tuomala Feb 2003

Thinking Like A Lawyer, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso Jan 2003

The Other Violence: Domestic Penal Power Over Children In Chilean Law, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

The aim of this essay is to examine the relationship between violence and the law in domestic life, and in particular violence exercised on children. The starting-point is an institution of republican family law in the 19th century, which goes back to colonial times, and which I have chosen to call “penal domestic power” over children, which represents a form of legalized domestic violence. It consists of the faculty of the father to punish his son physically, and when that was not enough, to imprison him, for which he could count on help from the public authority.


La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso Jan 2003

La Otra Violencia: Poder Penal Doméstico Sobre Los Niños En El Derecho Chileno, Jaime Couso

SELA (Seminario en Latinoamérica de Teoría Constitucional y Política) Papers

Este ensayo tiene por objeto examinar las relaciones entre violencia y Derecho en la vida doméstica, en particular la violencia ejercida sobre los niños. El punto de partida es una institución del Derecho de familia republicano del siglo XIX, que se remonta a la Colonia, que he querido llamar “poder penal doméstico” sobre los niños y que representa una forma de violencia doméstica legalizada. Consiste en la facultad del padre de castigar físicamente a su hijo y, cuando ello no fuere suficiente, de encarcelarlo, para lo cual contaba con el auxilio de la autoridad pública.


Anne Orthwood's Bastard: Sex And Law In Early Virginia, John R. Pagan Jan 2003

Anne Orthwood's Bastard: Sex And Law In Early Virginia, John R. Pagan

Law Faculty Publications

Colonists brought English legal culture with them to the New World just as they transplanted the English language. Drawing on their heritage and innovating when necessary, settlers fashioned distinctive legal systems for each colony. The combination of traditional English doctrines with new rules tailored to local situations produced what the historian Lawrence M. Friedman has aptly termed "a creolized dialect of the English common law-the legal equivalent of pidgin English. By analyzing the Orthwood-Kendall litigation, we can gain a clearer understanding of how the creole dialect of early Virginia law differed from the mother tongue. By viewing those differences in ...


A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii Jan 2003

A Future Foretold: Neo-Aristotelian Praise Of Postmodern Legal Theory, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.