Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

History

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1201 - 1230 of 2072

Full-Text Articles in Law

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz Dec 1998

Original Intent: Does The Double Jeopardy Clause Apply To Incarceration?, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis Dec 1998

Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis

William & Mary Bill of Rights Journal

In the early morning hours of May 5, 1863, Union soldiers forcibly arrested Clement L. Vallandigham, a prominent Democratic politician and former congressman, for an anti-war speech which he had given a few days earlier in Mount Vernon, Ohio. Vallandigham's arrest ignited debate about freedom of speech in a democracy during a time of war and the First Amendment rights of critics of an administration. This Article is one in a series by Professor Curtis which examines episodes in the history of free speech before and during the Civil War. In this Article, Professor Curtis explores the First Amendment's guarantee …


The Law Of War In Historical Perspective, Leslie C. Green Dec 1998

The Law Of War In Historical Perspective, Leslie C. Green

International Law Studies

No abstract provided.


Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder Oct 1998

Rational Choice Versus Republican Moment Explanations For Environmental Laws, 1969-73, Christopher H. Schroeder

Duke Environmental Law & Policy Forum

No abstract provided.


Environmental Legislation And The Problem Of Collective Action, Robert V. Percival Oct 1998

Environmental Legislation And The Problem Of Collective Action, Robert V. Percival

Duke Environmental Law & Policy Forum

No abstract provided.


Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick Oct 1998

Strange Bedfellows Make Normal Politics: An Essay, R. Shep Melnick

Duke Environmental Law & Policy Forum

No abstract provided.


Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein Oct 1998

Self-Interest, Politics And The Environment—A Response To Professor Schroeder, Donald T. Hornstein

Duke Environmental Law & Policy Forum

No abstract provided.


Some Thoughts On Ideas That Gave Rise To International Humanitarian Law, Geza Herczegh Sep 1998

Some Thoughts On Ideas That Gave Rise To International Humanitarian Law, Geza Herczegh

International Law Studies

No abstract provided.


Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf Sep 1998

Rear Admiral Charles H. Stockton, The Naval War College, And The Law Of Naval Warfare, John Hattendorf

International Law Studies

No abstract provided.


Imperfect Death Penalty Not Acceptable, Bruce Ledewitz Aug 1998

Imperfect Death Penalty Not Acceptable, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


Independent Judges And Independent Justice, Suzanna Sherry Jul 1998

Independent Judges And Independent Justice, Suzanna Sherry

Law and Contemporary Problems

Sherry discusses how judges have exercised their independence. She provides a brief historical overview of judges using their independence to implement their own view of justice.


Separating Judicial Power, David P. Currie Jul 1998

Separating Judicial Power, David P. Currie

Law and Contemporary Problems

Currie outlines the development of the status of judges in England and in the US, with a brief reference to the German system. He also discusses some of the more important controversies over judicial independence and accountability that have arisen under the US Constitution.


Constitutionalizing Kwik-E-Mart, Bruce Ledewitz Jun 1998

Constitutionalizing Kwik-E-Mart, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals


The Federal Communications Law Journal At Sixty, Adrian Cronauer May 1998

The Federal Communications Law Journal At Sixty, Adrian Cronauer

Federal Communications Law Journal

No abstract provided.


Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel May 1998

Toward A Constitutional Kleptocracy: Civil Forfeiture In America, Stephan B. Herpel

Michigan Law Review

Leonard Levy, the legal historian who has written a number of highly regarded historical studies on various provisions of the United States Constitution, has added to his impressive oeuvre a new study of civil and criminal forfeiture. A License to Steal brings together a discussion of English legal history, a review of a number of Nineteenth Century and late Twentieth Century Supreme Court forfeiture decisions, accounts of actual applications of civil and criminal forfeiture, and a summary and critique of legislative proposals that have been made for reform of the civil forfeiture provisions of the federal drug statute. There is …


In Memoriam: Donald Stuart Russell, John C. Moylan Iii Apr 1998

In Memoriam: Donald Stuart Russell, John C. Moylan Iii

South Carolina Law Review

No abstract provided.


Petigru College, William Shepard Mcaninch Apr 1998

Petigru College, William Shepard Mcaninch

South Carolina Law Review

No abstract provided.


Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello Apr 1998

Proposition 215: De Facto Legalization Of Pot And The Shortcomings Of Direct Democracy, Michael Vitiello

University of Michigan Journal of Law Reform

In 1996, California voters passed Proposition 215, officially titled The Compassionate Use Act of 1996, and popularly known as the "medical marijuana" initiative. This initiative allows qualifying people and their caregivers immunity from criminal prosecution when the state attempts to charge them with possession or cultivation of marijuana. Professor Vitiello uses the medical marijuana initiative as a case study illustrating flaws in California's ballot initiative process He examines the history of the initiative process in California, misleading aspects of the campaign for Proposition 215, and ambiguities in the proposition's language. Concluding that the initiative process as it now stands fosters …


John Marshall And The Rule Of Law, John V. Orth Apr 1998

John Marshall And The Rule Of Law, John V. Orth

South Carolina Law Review

No abstract provided.


From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley Apr 1998

From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley

William & Mary Law Review

No abstract provided.


Digital Television History: "Take One", Herbert A. Terry Mar 1998

Digital Television History: "Take One", Herbert A. Terry

Federal Communications Law Journal

Book Review: Defining Vision: The Battle for the Future of Television, By Joel Brinkley.


Criminality In The Law Of War, Howard Levie Feb 1998

Criminality In The Law Of War, Howard Levie

International Law Studies

First published in 1 International Criminal Law 233 (M. CherifBassiouni ed.) 1986)


Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz Jan 1998

Establishing A Federal Constitutional Right To A Healthy Environment In Us And In Our Posterity, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.


The Secret Life Of The Private Attorney General, Jeremy A. Rabkin Jan 1998

The Secret Life Of The Private Attorney General, Jeremy A. Rabkin

Law and Contemporary Problems

The role of the private attorney general is discussed along with the history of the office.


Necessary Legends: The National Equal Justice Library And The Importance Of Poverty Lawyers’ History, Marie A. Failinger Jan 1998

Necessary Legends: The National Equal Justice Library And The Importance Of Poverty Lawyers’ History, Marie A. Failinger

Saint Louis University Public Law Review

No abstract provided.


Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow Jan 1998

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …


Law And Economics In The Creation Of Federal Administrative Law: Thomas Cooley, Elder To The Republic, Paul D. Carrington Jan 1998

Law And Economics In The Creation Of Federal Administrative Law: Thomas Cooley, Elder To The Republic, Paul D. Carrington

Faculty Scholarship

No abstract provided.


How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann Jan 1998

How To Constitutionalize International Law And Foreign Policy For The Benefit Of Civil Society?, Ernst-Ulrich Petersmann

Michigan Journal of International Law

All societies have adopted rules in order to reconcile conflicts among the short-term interests of their citizens with their common long-term interests. All societies have learned that rule-making and rule-enforcement require government powers, as well as "checks and balances" against abuses of such powers. Constitutionalism has emerged as the most important human invention for protecting equal rights of the citizens against such abuses. It rests on the rationality of Ulysses who, when approaching the island of the sirens and knowing of their dangers, ordered his companions to bind him to the mast and not to release him under any circumstances.' …


Advanced Legal Studies, University Of Michigan Law School Jan 1998

Advanced Legal Studies, University Of Michigan Law School

Miscellaneous Law School History & Publications

The Law School is part of the University of Michigan, among the world's premier research and teaching universities. The University is renowned for its top-ranked graduate programs in the social sciences and humanities; its schools of law, engineering, business, medicine and music; and its specialized research institutes and centers of study. Law students are able to take advantage of the rich intellectual life and the tremendous resources such as libraries, cultural and recreational facilities, and curricular offerings in other fields, made possible by the larger university environment.