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Articles 61 - 90 of 97
Full-Text Articles in Law
Comment On Fikentscher's Paper -- Modes Of Thought In Law And Justice -- A Preliminary Report On A Study In Legal Anthropology, Jerome Hall
Articles by Maurer Faculty
No abstract provided.
Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad
Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad
Articles by Maurer Faculty
No abstract provided.
Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg
Legal History And Social Science: Friedman's History Of American Law, The Second Time Around, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson
The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson
Publications
No abstract provided.
Economic Union As A Constitutional Value, Richard B. Collins
Economic Union As A Constitutional Value, Richard B. Collins
Publications
Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson
Publications
No abstract provided.
The Chancellor's Boot, Stephen B. Burbank
The Chancellor's Boot, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank
Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Treating Crazy People Less Specially, Stephen J. Morse
Treating Crazy People Less Specially, Stephen J. Morse
All Faculty Scholarship
No abstract provided.
Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin
Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin
All Faculty Scholarship
No abstract provided.
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
Promise Fulfilled And Principle Betrayed, James J. White
Promise Fulfilled And Principle Betrayed, James J. White
Articles
My responsibility in this paper is to address three questions. (1) How has the legal realist body of thought affected contract law and its application? (2) How will contract law and its application be affected in the future by realist thinking? (3) If the realist viewpoint were fully accepted, what kind of system would result and how would contract law be affected? Because my focus is upon a principal legislative monument to realism, Article Two of the Uniform Commercial Code (the "U.C.C."), and upon its drafter, Karl Llewellyn, I will not answer any of the three questions explicitly. By focusing …
Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana
Book Review: Malice And Falsehood: Six Issues Of The New York Weekly Journal, 1733-34, William P. Lapiana
Other Publications
No abstract provided.
Toward A Revisionist History Of The Supreme Court, Mark Tushnet
Toward A Revisionist History Of The Supreme Court, Mark Tushnet
Cleveland State Law Review
The bicentennial year provoked a reconsideration of not only the era of the framing but of constitutional history as a whole. At one point I thought that I might participate in that effort by writing a history of the Supreme Court, updating Robert McCloskey's classic book in light of recent scholarship. It turned out that that project was too daunting for me. There was too much material to assimilate before I could feel comfortable in trying to present or even develop a history of the Supreme Court. This essay is, therefore, only a sketch of a revisionist history of the …
Original Understanding And The Constitution, Michael E. Tigar
Original Understanding And The Constitution, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Constitutional Values And The Literature Of The Early Republic, Maxwell Bloomfield
Constitutional Values And The Literature Of The Early Republic, Maxwell Bloomfield
Scholarly Articles
No abstract provided.
Luther Martin, Maryland And The Constitution, William L. Reynolds
Luther Martin, Maryland And The Constitution, William L. Reynolds
Faculty Scholarship
Reviews the life and contributions of Maryland lawyer and scholar Luther Martin (1748-1826).
Reply To Cornel West, William Ewald
Costello V. Capital Cities Communications, Inc.: Illinois' Innocent Construction Rule Prevails Over The Constitutional Privilege For Expression Of Opinion, 21 J. Marshall L. Rev. 427 (1988), Jerald B. Holisky
UIC Law Review
No abstract provided.
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
UIC Law Review
No abstract provided.
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
Johnson V. Transportation Agency: The United States Supreme Court Weighs Statistical Imbalance In Favor Of Affirmative Action, 21 J. Marshall L. Rev. 593 (1988), Denise C. Hockley-Cann
UIC Law Review
No abstract provided.
Declaration Of Restrictions, Easements, Liens, And Covenants: An Overview Of An Important Document, 22 J. Marshall L. Rev. 69 (1988), Robert Kratovil
Declaration Of Restrictions, Easements, Liens, And Covenants: An Overview Of An Important Document, 22 J. Marshall L. Rev. 69 (1988), Robert Kratovil
UIC Law Review
No abstract provided.
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
The Continuing Problem Of Statutes Of Limitations In Section 1983 Cases: Is The Answer Out At Sea, 22 J. Marshall L. Rev. 285 (1988), Robert M. Jarvis, Judith Anne Jarvis
UIC Law Review
No abstract provided.
Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky
Finding The Lost Volume Seller: Two Independent Sales Deserve Two Profits Under Illinois Law, 22 J. Marshall L. Rev. 363 (1988), Jerald B. Holisky
UIC Law Review
No abstract provided.
Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro
UIC Law Review
No abstract provided.
Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher
Book Review. Criminal Defense As Narrative: Storytelling And Royal Pardons In Renaissance France, Richard M. Fraher
Articles by Maurer Faculty
No abstract provided.
Jurisprudence And Gender, Robin West
Jurisprudence And Gender, Robin West
Georgetown Law Faculty Publications and Other Works
What is a human being? Legal theorists must, perforce, answer this question: jurisprudence, after all, is about human beings. The task has not proven to be divisive. In fact, virtually all modern American legal theorists, like most modern moral and political philosophers, either explicitly or implicitly embrace what I will call the "separation thesis" about what it means to be a human being: a "human being," whatever else he is, is physically separate from all other human beings. I am one human being and you are another, and that distinction between you and me is central to the meaning of …
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green
Book Chapters
My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …
The Authoritarian Impulse In Constitutional Law, Robin West
The Authoritarian Impulse In Constitutional Law, Robin West
Georgetown Law Faculty Publications and Other Works
Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …