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Full-Text Articles in Law

Non-Lawyer Judges In Devalued Courts, Maureen Carroll Sep 2022

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 Jan 2020

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 Jan 2019

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 Jan 2018

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 Jan 2018

Book Review, Anna Spain Bradley

Publications

No abstract provided.


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 Jan 2018

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 Jan 2015

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 Jan 2013

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. Jan 2009

'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 Jan 2006

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 Jan 2004

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 Jan 2002

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 Jan 2001

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 Jan 1989

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 Jan 1987

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 Jan 1892

The Literature Of Law, Ernest W. Huffcut

Articles by Maurer Faculty

No abstract provided.