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Full-Text Articles in Law

The Public Trust And The Chicago Lakefront: Review Of Kearney & Merrill’S Lakefront: Public Trust And Private Rights In Chicago (Cornell U. Press, 2021), Michael C. Blumm Jan 2022

The Public Trust And The Chicago Lakefront: Review Of Kearney & Merrill’S Lakefront: Public Trust And Private Rights In Chicago (Cornell U. Press, 2021), Michael C. Blumm

Michigan Journal of Environmental & Administrative Law

Joseph Kearney and Thomas Merrill’s brilliantly illustrated LAKEFRONT is sure to win American legal history awards for its riveting history of the machinations behind the preservation of the magnificent Chicago lakefront, now dominated by public spaces. The authors weave together a compelling account of how the law affected the development of the post-fire Chicago in the late 19th and 20th centuries—largely made by lawyers and courts and only ratified by legislatures. The book’s title suggests that the story is largely about the public trust doctrine (PTD). But the doctrine is hardly the centerpiece of the authors’ story. What they have …


Defending Truth, Cynthia V. Ward, Peter A. Alces Sep 2019

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.


Defending Truth, Cynthia V. Ward, Peter A. Alces Sep 2019

Defending Truth, Cynthia V. Ward, Peter A. Alces

Peter A. Alces

No abstract provided.


Government Lawyers And The New Deal, Neal Devins Sep 2019

Government Lawyers And The New Deal, Neal Devins

Neal E. Devins

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Sep 2019

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Eric A. Kades

No abstract provided.


Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas Sep 2019

Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar Aug 2019

Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar

Adeen Postar

No abstract provided.


Slavery And Freedom In Texas: Stories From The Courtroom, 1821-1871 (Book Review), Michael Ariens Jan 2019

Slavery And Freedom In Texas: Stories From The Courtroom, 1821-1871 (Book Review), Michael Ariens

Faculty Articles

No abstract provided.


Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens Jan 2019

Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens

Faculty Articles

No abstract provided.


Reclaiming A Great Judge's Legacy, Frank M. Coffin Apr 2018

Reclaiming A Great Judge's Legacy, Frank M. Coffin

Maine Law Review

In the legal profession a deep sigh of relief is heard over the land. After roughly two decades of incubation, the long-awaited biography of the great judge has arrived, Learned Hand: The Man and the Judge, by Stanford Law Professor Gerald Gunther. The book, in my opinion, is well worth the wait. Nearly 700 pages, plus a hundred more for footnotes, it nevertheless represents a heroic condensation of some 100,000 different items on file at Harvard Law School, including no fewer than 50,000 items of correspondence, 1,000 district court opinions, and nearly 3,000 circuit court opinions. The inventory alone requires …


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 …


Creating Precedents Through Words And Deeds, Harold Krent Jan 2017

Creating Precedents Through Words And Deeds, Harold Krent

All Faculty Scholarship

Book review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Krent


Book Review, Ahmed White Jan 2017

Book Review, Ahmed White

Publications

No abstract provided.


The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens Jan 2017

The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens

Faculty Articles

No abstract provided.


Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr. Jan 2017

Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr. Jan 2017

Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.

Other Publications

No abstract provided.


Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse Jul 2016

Book Review Of, Women And Justice For The Poor: A History Of Legal Aid, 1863-1945, By Felice Batlan, Maggie Kiel-Morse

Articles by Maurer Faculty

No abstract provided.


Keeping Up With New Legal Titles, Franklin L. Runge May 2016

Keeping Up With New Legal Titles, Franklin L. Runge

Franklin L. Runge

In this book review, Franklin L. Runge discusses The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation by R. Kent Newmyer.


The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann Mar 2016

The Role Of The Courts In Creating Racial Identity In Early New Orleans, Jack M. Beermann

Faculty Scholarship

Reviewing Kenneth R. Aslakson, Making Race in the Courtroom: The Legal Construction of Three Races in Early New Orleans (New York University Press 2014).


The racial history of New Orleans is unique among American cities, as is Louisiana's among the history of American states. In the antebellum period, there were more free people of color in New Orleans than in any other city in the South, and free people of color lived, and often prospered, throughout Louisiana. The presence of so many free people of color in New Orleans, and Louisiana more generally, arose from many factors, including the consequences …


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …


Two Comparative Perspectives On Copyright's Past And Future In The Digital Age, Timothy K. Armstrong Jan 2016

Two Comparative Perspectives On Copyright's Past And Future In The Digital Age, Timothy K. Armstrong

Faculty Articles and Other Publications

A review of two recent scholarly books on digital copyright law: The Copyright Wars: Three Centuries of Trans-Atlantic Battle by Peter Baldwin (Princeton, 2014), and Copyfight: The Global Politics of Digital Copyright Reform by Blayne Haggart (Univ. of Toronto, 2014). Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, at times each book reads as a critique of the other.

Baldwin's The Copyright Wars argues that modern debates over …


Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson Nov 2014

Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson

Georgia Journal of International & Comparative Law

No abstract provided.


Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer Jan 2014

Paul D. Moreno's The American State From The Civil War To The New Deal: The Twilight Of Constitutionalism And The Triumph Of Progressivism, Laura Phillips Sawyer

Scholarly Works

Paul Moreno, the Grewcock Chair in Constitutional History at Hillsdale College, sets out to explain how the natural rights constitutionalism of the Founders was replaced by an ‘entitlement-based welfare state of modern liberalism’ by the late 1930s. The book is an ‘analytic narrative’, drawing on both constitutional theory and current ‘public choice’ law and economics, and contributes to recent scholarship by libertarian-minded legal scholars, such as David Bernstein and David Mayer, among others.


Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel Jan 2014

Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

No abstract provided.


On The Virtues Of A Wild Justice, Michael Meltsner Dec 2013

On The Virtues Of A Wild Justice, Michael Meltsner

Michael Meltsner

No abstract provided.


Keeping Up With New Legal Titles, Franklin L. Runge Apr 2013

Keeping Up With New Legal Titles, Franklin L. Runge

Law Faculty Scholarly Articles

In this book review, Franklin L. Runge discusses The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation by R. Kent Newmyer.


Mr. Justice Black: Some Passing Observations, Ronald K. L. Collins Feb 2013

Mr. Justice Black: Some Passing Observations, Ronald K. L. Collins

Pepperdine Law Review

No abstract provided.


Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson Jan 2013

Book Review Of J. Finlay, The Community Of The College Of Justice: Edinburgh And The Court Of Session, 1687-1808 (2012), William Hamilton Bryson

Law Faculty Publications

Book Review of J. Finlay, The Community of the College of Justice: Edinburgh and the Court of Session, 1687-1808 (2012).


Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo Dec 2012

Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo

Nick J. Sciullo

Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a lack of …


Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed Mar 2012

Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed

Thomas J Reed

No abstract provided.