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1999

Legal History

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Articles 1 - 16 of 16

Full-Text Articles in Law

A Study Of The Housing Patterns Of Yale Law School Students, Masato Hayakawa Oct 1999

A Study Of The Housing Patterns Of Yale Law School Students, Masato Hayakawa

Student Legal History Papers

In 1948, only about one-tenth of the law students lived in what we now term the law student ghetto. By 1997, more law students lived in this neighborhood than in any other - students in this neighborhood outnumbered students living in other off-campus neighborhoods by a margin of two-to-one, and they made up a simple majority of the enrollment.

This paper examines the formation of this concentration. The evidence shows that the law student ghetto did no always exist in its current form, but rather that it is a product of housing developments of the last thirty years. This paper traces ...


The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz Feb 1999

The Brandeis Gambit: The Making Of America's "First Freedom," 1909-1931, Bradley C. Bobertz

William & Mary Law Review

No abstract provided.


A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel Jan 1999

A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel

Alex Steel

This article traces the history of a specific copyright in the spoken word in private lectures, a copyright that did not require the words to be reduced to material form in order to gain protection. In the early to mid 1800’s much money could be made from the giving of lectures, and private lecturers were searching for ways to protect their livelihood. The first case to successfully prevent the unauthorised reprinting of lectures was Abernethy v Hutchinson (1825); generally considered to be the case which formed the basis for the action for breach of confidence. This was a case ...


Why Wasn't Imprisonment For Debt Abolished During The Era Of Domination Of The Labor Movement? (In Hebrew), Ron Harris Jan 1999

Why Wasn't Imprisonment For Debt Abolished During The Era Of Domination Of The Labor Movement? (In Hebrew), Ron Harris

Ron Harris

No abstract provided.


Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel Jan 1999

Tench Coxe And The Right To Keep And Bear Arms, 1787-1823, David B. Kopel

David B Kopel

Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was ...


All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson Jan 1999

All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson

David B Kopel

Whenever civil liberties issues are contested, proponents of greater restrictions often chide civil liberties defenders for being unwilling to offer moderate concessions. Frequently, persons advocating restrictions on civil liberties claim that the "moderate" restriction will not infringe the core civil liberty. When rights advocates raise the "slippery slope" argument, they are criticized for being excessively fearful. The goal of the article is to refine our understanding of "slippery slopes" by examining a case in which a civil liberty really did slide all the way down the slippery slope.

The right to arms in Great Britain was entirely unrestricted at the ...


Fiduciary Relationships Are Not Contracts, Scott T. Fitzgibbon Jan 1999

Fiduciary Relationships Are Not Contracts, Scott T. Fitzgibbon

Boston College Law School Faculty Papers

This Article, which explores the nature of fiduciary relationships, demonstrates that these relationships arise and function in ways that are alien to contractualist thought. While the relationships may, like marriage relationships, be part of the same genus, they are indeed members of a different species. Fiduciary relationships differ both in doctrinal structure and ethical basis. However, some contractualist writing denies one or the other of these two propostitions. This Article, therefore, aims to establish that both are in fact true. The author presents that fiduciary relationships have value and serve purposes that are largely unknown to contractualists. Furthermore, these relationships ...


The Lessons Of Impeachment History, Michael J. Gerhardt Jan 1999

The Lessons Of Impeachment History, Michael J. Gerhardt

Faculty Publications

No abstract provided.


The Legal History Of The State Of Missouri, Honorable Joseph J. Simeone Jan 1999

The Legal History Of The State Of Missouri, Honorable Joseph J. Simeone

Saint Louis University Law Journal

No abstract provided.


The Lost Lawyers: Early American Legal Literates And Transatlantic Legal Culture, Mary Sarah Bilder Jan 1999

The Lost Lawyers: Early American Legal Literates And Transatlantic Legal Culture, Mary Sarah Bilder

Boston College Law School Faculty Papers

From the author's introduction: Paul C. Kurtz wrote well, spoke and argued eloquently, wore a nice suit, and carried a briefcase. As an observer notes, "He looked 100 percent like a lawyer and conducted himself as a lawyer." Being an actual practitioner of the law, however, does not make one a lawyer in modern America. Lawyer status is conferred only upon those who satisfy formal definitions based on professional education and bar admission. Not surprisingly, on July 7, 1998, Mr. Kurtz was arrested for passing himself off as a lawyer. Three hundred years earlier, an English lord similarly refused ...


The Arkansas Supreme Court And The Civil War, L. Scott Stafford Jan 1999

The Arkansas Supreme Court And The Civil War, L. Scott Stafford

Faculty Scholarship

No abstract provided.


The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts Jan 1999

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel Jan 1999

Rule 11 Studies And Civil Rights Cases: An Inquiry Into The Neutrality Of Procedural Rules, Mark Spiegel

Boston College Law School Faculty Papers

In this article the author discusses the impact of the 1983 amendments of the Federal Rules of Civil Procedure to Rule 11. The Article explores the claim that the 1983 amendments had a disproportionate impact upon civil rights cases, thereby violating the norm of procedural neutrality. In Section I, the author argues that one of the central meanings of procedural neutrality is closely related to the argument that procedural rules should be apolitical. In Section II, the author examines what the studies of Rule 11 reveal about the effect of the 1983 version upon civil rights claims. The author then ...


Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle Jan 1999

Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark Jan 1999

The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette Dec 1998

The Anglo-American Legal Heritage: Introductory Materials, Daniel Coquillette

Daniel R. Coquillette

A slightly modified version of Chapter 2 appears as "The Lessons of Anglo-Saxon 'Justice.'" The Green Bag. 2d ser. 2, no.3 (Spring 1999): 251-259.