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Articles 1 - 9 of 9
Full-Text Articles in Law
The Image Of The Attorney: The Character Of Attorney Randolph Mason In Three Books By Melville Davisson Post, Patricia J. Brown
The Image Of The Attorney: The Character Of Attorney Randolph Mason In Three Books By Melville Davisson Post, Patricia J. Brown
Patricia J Brown
Summary In 1896 a young attorney practicing in West Virginia, Melville Davisson Post, wrote a book entitled The Strange Schemes of Randolph Mason. His stated mission in this book was to invent a new type of story to compete with the currently popular genre of the detective story. His stories would show how a criminal, even if detected, could escape punishment by using loopholes and schemes available in the law. The criminal, not always able to find these loopholes himself, would be guided by a legal misanthrope, an attorney named Randolph Mason. Post wrote two books using this motif and …
Remembering Ed Baker, Tobias Barrington Wolff
Remembering Ed Baker, Tobias Barrington Wolff
All Faculty Scholarship
This is a short biographical piece honoring and describing deceased colleague C. Edwin Baker.
Towards A Constitutionally Protected Public Domain, Elizabeth Townsend Gard
Towards A Constitutionally Protected Public Domain, Elizabeth Townsend Gard
Elizabeth Townsend Gard
How are we to understand the physics of the public domain within contemporary copyright law? Is the public domain a constitutionally protected component of the copyright system? The Golan decisions—first in the Tenth Circuit, Golan v. Gonzales, and now the remanded decision from the district court, Golan v. Holder, handed down on April 9, 2009—may provide an avenue towards a definitive answer. The Golan decisions mark the first time a part of the Copyright Act has been found to be unconstitutional. The case concerned the restoration of foreign copyrighted works in the U.S., but the decision could have larger implications …
The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy
The Framers' Intent: John Adams, His Era, And The Fourth Amendment, Thomas K. Clancy
Thomas K Clancy
The new article that I seek to publish is entitled: The Framers’ Intent: John Adams, his Era, and the Fourth Amendment. For many years, I have relied on others to cull the historical records and have cited them to support what I thought was accurate historical reporting. In the past decade or so, Professors Amar, Davies, and others have made broad sweeping claims about the historical record that contradict conventional wisdom. Those views have gained substantial traction. I've become increasingly wary of historical claims and some time ago decided to do original historical research. I've probably read 15,000 documents from …
Jesus Follows The Socratic Method, Kristopher Eugene Nichols
Jesus Follows The Socratic Method, Kristopher Eugene Nichols
Kristopher Eugene Nichols
This article, Jesus Follow the Socratic Method, is a detailed analysis and comparison of the trials of Socrates and Jesus of Nazareth. An investigation of these men and trials, two of the most famous in Western history, uncovers truths about human nature, the justice systems of these two ancient societies, and the power and danger of the spoken word to a vocal critical thinker in his own society. This article is twenty-two pages long, contains footnotes and follows the Bluebook format.
A Dean's Perspective On Ed Baker, Michael A. Fitts
A Dean's Perspective On Ed Baker, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand -- Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta
The Decline And Fall Of The American Judicial Opinion, Part Ii: Back To The Future From The Roberts Court To Learned Hand -- Segmentation, Audience, And The Opportunity Of Justice Sotomayor, Jeffrey A. Van Detta
Jeffrey A. Van Detta
In Part II of his critical study of Learned Hand's district court opinions, Professor Van Detta examines Hand's work from the micro-organizational level of segmentation and the macro-organizational level of the audience principle. Professor Van Detta then compares the district court writing of the Supreme Court's newest appointee, Sonia Sotomayor, and considers how the lessons of Hand's district court record might inform her own tenure on the Court to which Hand's ambitions ran, but were over run by his political luck.
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Wise Man Of The Law, Anthony J. Scirica
A Wise Man Of The Law, Anthony J. Scirica
All Faculty Scholarship
No abstract provided.