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

Law Commons

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

Magna Carta

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 74

Full-Text Articles in Law

The Public Trust Doctrine, Property, And Society, Erin Ryan Jan 2022

The Public Trust Doctrine, Property, And Society, Erin Ryan

Scholarly Publications

The public trust doctrine creates a set of sovereign rights and responsibilities with regard to certain resource commons, obligating the state to manage them in trust for the public. In the last century, the doctrine has gradually transformed from an affirmation of sovereign authority over trust resources to a recognition of sovereign responsibility to protect them for present and future generations. Especially in the United States, it has evolved through common, constitutional, and statutory law to protect a broader variety of resources and associated values, including ecological, recreational, and scenic values. Today, the doctrine is frequently invoked in natural resource …


A Short History Of The Public Trust Doctrine And Its Intersection With Private Water Law, Erin Ryan Jan 2020

A Short History Of The Public Trust Doctrine And Its Intersection With Private Water Law, Erin Ryan

Scholarly Publications

This article explores the development of public trust principles from early Roman and British law through modern U.S. law as a public commons approach to natural resource management, especially with regard to waterways. It then analyzes the tension between the common pool approach underlying the public trust regulation of waterways and the contrasting theoretical premises of American laws that regulate private use of the water within them—especially the privatization model embedded in the doctrine of prior appropriations, which assigns perpetual rights to withdraw from the watercourse on a first-in-time basis. The public trust doctrine, the protagonist of much modern environmental …


The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson Jan 2020

The Public Trust Doctrine In The 21st Century, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

In this Symposium's initial lecture, I will (a) provide a glimpse into life in Medieval England to explain the context from which Magna Carta arose, (b) describe the evolution of environmental rights from Magna Carta to the Forest Carter, (c) explore in a case study how “liberties of the forest” functioned for 800 years in England's Royal Forest of Dean, ultimately sustaining the ecological systems of Dean, (d) discuss the “liberties of the forest” in light of Elinor Ostom's common pool analyses, and (e) offer some views on the question just posed. I shall start by describing the English environment …


The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney Sep 2019

The Magna Carta Turns 800, John Hockenberry, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney Sep 2019

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney Sep 2019

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney Sep 2019

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney Sep 2019

Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Happy 790th, Magna Carta!, Thomas J. Mcsweeney Sep 2019

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Taming Sherman's Wilderness, Derrian Smith Jul 2019

Taming Sherman's Wilderness, Derrian Smith

Indiana Law Journal

This Note proceeds in four Parts. Part I outlines the interpretive difficulties spawned by the vagueness of the Sherman Act—particularly, the judiciary’s necessary but undeniable departures from the text of the statute and the resulting doctrinal confusion. Part II considers ways in which the judiciary’s decision-making in Sherman Act cases approximates agency rulemaking and whether it makes sense to delegate interpretive authority to an antitrust agency. Yet, while the agency solution has upside, it would not easily escape criticisms that the Act does not provide sufficient notice of the conduct it proscribes and that the Act is an impermissible delegation …


The Most Fundamental Right, Nicholas A. Robinson Jan 2019

The Most Fundamental Right, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The Magna Carta and successors recognize a right to the environment as central to human existence. Along with associated rule of law and due process, 193 national charters recognize such a right — but not the U.S. Constitution. This right does lie latent in America’s state constitutions, however, and can also be read into the federal document as well. Meanwhile, recognition of environmental rights is expanding globally.


Due Process Of War, Nathan Chapman Jan 2018

Due Process Of War, Nathan Chapman

Scholarly Works

The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …


Due Process Of War, Nathan Chapman Jan 2018

Due Process Of War, Nathan Chapman

Scholarly Works

The application of the Due Process Clause of the Fifth Amendment to the government’s deprivation of rights during war is one of the most challenging and contested questions of constitutional law. The Supreme Court has not provided a consistent or historically informed framework for analyzing due process during war. Based on the English background, the text and history of the U.S. Constitution, and early American practice, this Article argues that due process was originally understood to apply to many but not to all deprivations of rights during war. It proposes a framework for analyzing due process during war that accords …


Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson Sep 2017

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.


Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson May 2017

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, W. Hamilton Bryson

University of Richmond Law Review

No abstract provided.


Online Issue: Table Of Contents May 2017

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.


The Lost Due Process Doctrines, Paul J. Larkin Jr. Mar 2017

The Lost Due Process Doctrines, Paul J. Larkin Jr.

Catholic University Law Review

Due process jurisprudence has long been dominated by discussion of its procedural requirements and substantive limitations. Through the lens of the Constitution’s Due Process Clause, however, the Supreme Court has also considered the geographic reach and substantive exercise of legal authority, the delegation of law making to private parties, the incorporation doctrine, and the issues of fundamental fairness. These doctrines have existed for some time, but the Supreme Court has never explained how they fit into its “procedural vs. substantive” dichotomy. This article examines these Lost Due Process Doctrines and poses the question of whether they should suffer the same …


The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand Dec 2016

The First Century Of Magna Carta: The Diffusion Of Texts And Knowledge Of The Charter, Paul Brand

William & Mary Bill of Rights Journal

No abstract provided.


Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard Dec 2016

Interpretation And Re-Interpretation Of A Clause: Magna Carta And The Widow’S Quarantine, Janet Loengard

William & Mary Bill of Rights Journal

No abstract provided.


The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker Dec 2016

The Great Charter Turned 800: Remembering Its 700th Birthday, Karl Shoemaker

William & Mary Bill of Rights Journal

No abstract provided.


Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey Dec 2016

Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey

William & Mary Bill of Rights Journal

No abstract provided.


The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson Dec 2016

The Legacy Of Magna Carta: Law And Justice In The Fourteenth Century, Anthony Musson

William & Mary Bill of Rights Journal

No abstract provided.


Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp Dec 2016

Magna Carta In The Late Middle Ages: Over-Mighty Subjects, Under-Mighty Kings, And A Turn Away From Trial By Jury, David J. Seipp

William & Mary Bill of Rights Journal

No abstract provided.


Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry Dec 2016

Forest Eyre Justices In The Reign Of Henry Iii (1216–1272), Ryan Rowberry

William & Mary Bill of Rights Journal

No abstract provided.


Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr. Dec 2016

Magna Carta In The Fourteenth Century: From Law To Symbol?: Reflections On The “Six Statutes”, Charles Donahue Jr.

William & Mary Bill of Rights Journal

No abstract provided.


The Church And Magna Carta, R. H. Helmholz Dec 2016

The Church And Magna Carta, R. H. Helmholz

William & Mary Bill of Rights Journal

No abstract provided.


Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney Dec 2016

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

William & Mary Bill of Rights Journal

No abstract provided.


Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson Oct 2016

Some Thoughts Raised By Magna Carta: The Popular Re-Election Of Judges, William Hamilton Bryson

Law Faculty Publications

This essay, first presented at the Magna Carta anniversary symposium of the Baronial Order of Magna Charta on April 16, 2015, at The Cosmos Club, in Washington, D.C., takes as its inspiration the spirit of the rule of law, as laid down in the Magna Carta. Specifically, the author argues that the popular election and reelection of judges undermines the rule of law, and democracy in general, by exposing judges to the manipulations of financial corruption, political intimidation, and the often irrational shifts in popular opinion. To correct this problem, the author calls for amendment of the thirty-nine state constitutions …


[Symposium Remarks By Unh Professor Of History David Bachrach, April 12, 2016 ], David Bachrach Apr 2016

[Symposium Remarks By Unh Professor Of History David Bachrach, April 12, 2016 ], David Bachrach

Speaker Remarks

Magna Carta did not emerge de novo in its fully fledged state in the late spring of 1215. The list of baronial demands, made on behalf of the kingdom as a whole, were born out of grievances that, in some cases, dated back more than a century. University of New Hampshire Professor of History David Bachrach discusses several key clauses of the Magna Carta as well as why this document was a touchstone for major political change.


Exhibit On Historical Accord Makes Debut At Law School, David Brooks Apr 2016

Exhibit On Historical Accord Makes Debut At Law School, David Brooks

Media Coverage

Newspaper article from Concord Monitor newspaper dated April 12, 2016. The article includes a description of the Magna Carta: An Enduring Legacy, 1215-2015 exhibit and symposium, as well as remarks by the University of New Hampshire School of Law Library Director Sue Zago. In addition to details about the exhibit, the article features historic information on the Magna Carta as well as some interesting examples of its present day influence.