Law Commons^™

Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney

Washington Law Review

By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …

Formalism And Fairness: Matthew Deady And Federal Public Land Law In The Early West, Ralph James Mooney

Washington Law Review

By 1880 Congress had passed nearly 3000 statutes granting or regulating parts of the public domain. Administrative and judicial case loads increased correspondingly, as many thousands of claims had to be verified and recorded and growing numbers of disputes adjudicated. This article recalls an early far-west chapter of the story, a remarkable series of decisions by Oregon federal district Judge Matthew P. Deady interpreting the cornerstone of Pacific Northwest public land law, the 1850 Oregon Donation Act. Although Deady decided other public land law questions as well, it is his Donation Act decisions helping to determine ownership of the Portland …

Book Review: Legal Papers Of Andrew Jackson, Walter F. Pratt, Jr.

Vanderbilt Law Review

The Legal Papers of Andrew Jackson is a handsomely edited book and a credit both to its editors and its publisher." James W. Ely, Jr. and Theodore Brown, Jr. have done an impressive job of supplementing the limited manuscript record with information about the attorneys, the litigants, and the issues involved in each of the selected cases.' In fact,the additions are so substantial that the title is somewhat misleading:this is really a carefully documented account of the history of law in central Tennessee between 1787 and 1804. The result is a valuable addition to the emerging history of law in …

The Opinion Volume 28 Number 11 – March 16, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 16, 1988

The Opinion Volume 28 Number 10 – March 2, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 2, 1988

Maximilien Bibaud, 1823-1887: The Pioneer Teacher Of International Law In Canada, R Stj Macdonald

Dalhousie Law Journal

Maximilien Bibaud was a most unusual man: student of philosophy, history, and literature, teacher, author, chronicler and reformer of the law, founder of the first organized law school in Canada, true pioneer of the teaching of international law in this country. Insolently but exhilaratingly new in both his ideas and his techniques for legal education, Bibaud was far in advance of his time. As we mark the centenary of his death in 1987, his interests and achievements are as relevant today as they were when he opened his law school 136 years ago.

Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead

Undergraduate Honors Capstone Projects

This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine …

The Legal Chapter In The Jin-Shu, Jutta Brunnée

Dalhousie Law Journal

Relatively little is still known of law and legal thinking in ancient China. This recent book by Robert Heuser sheds some light on this era. The book, published in German, draws upon a chapter of the Jin-Shu dynastic chronicle which surveys the events in the Chinese Empire of the first centuries, A.D.

The Opinion Volume 28 Number 9 – February 17, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 17, 1988

The Opinion Volume 28 Number 8 – February 3, 1988, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 3, 1988

Review, Imperial Appeal: The Debate On The Appeal To The Privy Council, 1833-1986, Richard Kay

Faculty Articles and Papers

No abstract provided.

The Supreme Court: "The First Hundred Years Were The Hardest", William H. Rehnquist

University of Miami Law Review

No abstract provided.

Rare Book And Special Collections Bibliography, Beatrice S. Citron

Rare Books and Special Collections

No abstract provided.

Benjamin N. Cardozo: Sixty Years After His Appointment As New York's Chief Judge, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

Sixty years after his appointment as Chief Judge of the New York State Court of Appeals, Benjamin N. Cardozo’s place in history as one of the country's most outstanding jurists and preeminent legal philosophers is secure. He is· widely acclaimed for being a successful practitioner, a brilliant legal scholar and a man who is ranked among the preeminent American judges, along with Marshall, Kent, Story and Holmes. He was a giant of his era who, while spending all but six years of his professional life in New York, exerted a powerful national influence upon his own times.

Water And The American West: Essays In Honor Of Raphael J. Moses, David H. Getches

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b131940~S0

Contents: Foreword / [David H. Getches] -- Biographical note : a tribute to a great lawyer / John M. Sayre -- To settle a new land : an historical essay on water law in Colorado and in the American West / Charles F. Wilkinson -- A global perspective on western water / Gilbert F. White -- The international problem with Mexico over the salinity of the lower …

The Classical Corporation In American Legal Thought, Herbert J. Hovenkamp

All Faculty Scholarship

Classical political economy was dedicated to the principle that the state could best encourage economic development by leaving entrepreneurs alone, free of regulation and subsidy. The development of classical economic policy in the United States dramatically changed the concept of the business corporation. Within the preclassical, mercantilist model, the corporation was a unique entity created by the state for a special purpose and enjoyed a privileged relationship with the sovereign. The very act of incorporation presumed state involvement. State subsidy and the incorporators' public obligation were natural corollaries. Business firms that relied on the market alone to determine their prospects …

Four Predictions For The Criminal Law Of 2043, Paul H. Robinson

All Faculty Scholarship

The Model Penal Code has all the markings of an historic document. It is a sophisticated and enlightened model for penal reform that has put the United States in the front row of reformers. And many believe that the likes of such an historic reform will not come again for more than another century. In my view, it can hardly be disputed that the Code is an historic document. It is less clear, however, that we should not expect a dramatically different code before another century.

Affirmative Action: A Divided Supreme Court, 22 J. Marshall L. Rev. 99 (1988), Arthur J. Marinelli

UIC Law Review

No abstract provided.

Some Thoughts On The Historical Origins Of The United States Constitution And The Establishment Clause, 21 J. Marshall L. Rev. 239 (1988), Marvin E. Aspen

UIC Law Review

No abstract provided.

Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman

UIC Law Review

No abstract provided.

Doing Politics In The United States Supreme Court, 22 J. Marshall L. Rev. 265 (1988), John D. Gorby

UIC Law Review

No abstract provided.

The Law Of Piracy: Table Of Contents, Alfred P. Rubin

International Law Studies

No abstract provided.

Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa

Seattle University Law Review

In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute antagonists." …

The Line Between History And Casenote, John Henry Schlegel

Journal Articles

No abstract provided.

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.

Book Review: Zechariah Chafee, Jr., Defender Of Liberty And Law By Donald L. Smith, Lynne Wilson

Seattle University Law Review

This review's purpose is to fill the void in Professor Smith's book by proposing that the central problem with Chafee's free speech ideas, and perhaps one problem with the "clear and present danger" test itself, lies in Chafee's reliance on common law and equity balancing concepts, rather than political theory.

Book Review. The Constitutionalism Of "The Common-Law Mind", Stephen A. Conrad

Articles by Maurer Faculty

This essay reviews the following: Constitutional History of the American Revolution, Vol. 1: The Authority of Rights by John Phillip Reid and Peripheries and Center: Constitutional Development in the Extended Polities of the British Empire and the United States, 1607-1788 by Jack P. Greene.

The Collaborative Model Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson

Publications

No abstract provided.

Toward A General Theory Of The Establishment Clause, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.