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Full-Text Articles in Law
Non-Lawyer Judges In Devalued Courts, Maureen Carroll
Non-Lawyer Judges In Devalued Courts, Maureen Carroll
Reviews
Recent legal scholarship has shed needed light on the vast universe of litigation that occurs without lawyers. Large majorities of civil litigants lack representation, even in weighty matters such as eviction and termination of parental rights, raising a host of issues worthy of scholarly attention. For example, one recent article has examined racial and gendered effects of the lack of constitutionally guaranteed counsel in civil matters, and another has shown that judges tend not to reduce the complexity of the proceedings for the benefit of unrepresented parties. In Judging Without a J.D., Sara Greene and Kristen Renberg add an important …
The Patriation Of Canadian Corporate Law, Camden Hutchison
The Patriation Of Canadian Corporate Law, Camden Hutchison
All Faculty Publications
Canadian corporate law belongs within a broader Anglo-American legal tradition, sharing many of the features of other common law jurisdictions, most notably England and the United States. Prior to Confederation, Canadian corporate law first emerged from nineteenth-century English legislation and continued to resemble English law – at least superficially – well into the twentieth century. Legislation is only one source of corporate law, however. Just as important is the creation of legal rules through the common law adjudicatory process. Thus, examining case law raises an important empirical question distinct from, though relevant to, the issue of legislative influence – namely, …
Dickinson Law Review, Pamela G. Smith
Dickinson Law Review, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson
The Potemkin Temptation Or, The Intoxicating Effect Of Rhetoric And Narrativity On American Craft Whiskey, Derek H. Kiernan-Johnson
Publications
No abstract provided.
Book Review, Anna Spain Bradley
Corporate Personhood And The History Of The Rights Of Corporations: A Reflection On Adam Winkler’S Book We The Corporations: How American Businesses Won Their Civil Rights, Jack M. Beermann
Faculty Scholarship
Adam Winkler’s book We the Corporations: How American Businesses Won Their Civil Rights is an impressive work on several different levels. Because so much of the development of American constitutional law over the centuries has involved businesses, the book is a nearly comprehensive legal history of federal constitutional law. It certainly would be worthwhile reading for anyone interested in the constitutionality of economic regulation in the United States, spanning the controversies over the first and second Banks of the United States, through the Lochner era and present-day clashes over corporate campaign spending, and religiously-based exemptions to generally applicable laws such …
Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman
Contract Law And Fundamental Legal Conceptions: An Application Of Hohfeldian Terminology To Contract Doctrine, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
Legal History In Context, Logan E. Sawyer Iii
Legal History In Context, Logan E. Sawyer Iii
Scholarly Works
The author examines the teaching methodologies involved in historical education and legal education.
'Formerly The Property Of A Lawyer’: Books That Shaped Louisiana Law, Florence M. Jumonville Ph.D.
'Formerly The Property Of A Lawyer’: Books That Shaped Louisiana Law, Florence M. Jumonville Ph.D.
Library Faculty Publications
Books are indispensable to lawyers and judges, containing as they do the official record of the laws that define rights, liberties, and behavior, as well as the accumulated wisdom with which those laws have been interpreted. Law books were particularly important during the formative years of the American nation, from its founding until the Civil War, as the young federal government and each state developed its unique legal literature. This study focuses on the sources that shaped Louisiana law by examining collections that were developed during approximately the first fifty years after the Louisiana Purchase by six New Orleans attorneys, …
The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky
The Dictionary And The Man: Garner’S Black’S Law Dictionary, Jeanne Price, Roy M. Mersky
Scholarly Works
The 7th and 8th editions of Black's Law Dictionary were the first edited by Bryan Garner. This review of the 8th edition of Black's Law Dictionary focuses on the approach taken by Garner in thoroughly revising the dictionary and places his work in the context of the recent history of legal dictionaries and lexicography.
My Dinner At Langdell's, Pierre Schlag
My Dinner At Langdell's, Pierre Schlag
Publications
This essay begins on one of those cold wet April Cambridge mornings. It was too wet for fog, but too indifferent for rain. My head ached. My lips were dry and my tongue felt bloated. The fever had surely come back. Worse - the laudanum was wearing off. Tonight would be dinner at Langdell's. It occurred to me that not everyone is invited to Langdell's for dinner - certainly not wayward law professors from the provinces. This was an extraordinary opportunity. Blackstone would be there. Duncan Kennedy perhaps. Certainly the early Llewellyn. I knocked on the door.
Learning More Than Law From Maryland Decisions, Ian Gallacher
Learning More Than Law From Maryland Decisions, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan
Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan
Law Faculty Scholarship
In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson
Publications
No abstract provided.
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson
Publications
No abstract provided.
The Literature Of Law, Ernest W. Huffcut
The Literature Of Law, Ernest W. Huffcut
Articles by Maurer Faculty
No abstract provided.