Legal History Commons^™

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1999, Organizational Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Introduction: Hong Kong After The Reversion: In Search Of A Post‐Colonial Order, Tuck Hong James Tang

Research Collection School of Social Sciences

The political handover of Hong Kong on 1 July 1997 turned out to be a non-eventwith little political drama. Emotions ran high when the Union Jack was loweredand was replaced by the Chinese national flag (wuxing hongqi), peacefully endingover one and a half centuries of British colonial rule in Hong Kong. The handovertook place smoothly, despite the heavy rain, without political and social turbulence.The Sino-British disagreement over the abolition of the Legislative Council marredthe occasion, but the swearing-in of a pro-Beijing Provisional Legislative Councilwas largely accepted as a fait accompli.

Book Review. Roman Law After The Fall Of Rome, David V. Snyder

Articles by Maurer Faculty

Review of: Stein, Peter, Roman Law in European History. New York: Cambridge University Press, 1999.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde

Faculty Articles

Our secular society cycles as to whether it glorifies defense attor­neys or prosecutors. Sometimes, we adore defense attorneys­ -- they are the lawyers who ensure that innocents are not punished, "L.A. Law" is the show to watch, and the attorneys to imitate. Other times, we revere prosecutors -- they are the lawyers who punish evil­doers, "Law and Order" is the show to watch, and the attorneys to imitate. Jewish tradition recognizes the inherent ethical difficulties with the conduct of both types of attorneys.

Jewish law recognizes that the societal imposition of the criminal justice system on citizens, who otherwise function …

Full Faith And Credit And The Equity Conflict, Polly J. Price

Faculty Articles

As this Article relates, the current problem with interstate en­forcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity con­flict" remain unresolved. Both the Court's opinion and the two con­currences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1998, Volume 5, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Natural Law And Birthright Citizenship In Calvin's Case (1608), Polly J. Price

Faculty Articles

The roots of United States conceptions of birthright citizenship lie deep in England's medieval past. This Article explores Calvin's Case (1608) and the early modem common-law mind that first articulated a theoretical basis for territorial birthright citizenship. Involving all the important English judges of the day, Calvin's Case addressed the question of whether persons born in Scotland, following the descent of the English crown to the Scottish King James VI in 1603, would be considered "subjects" in England. Calvin's Case determined that all persons born within any territory held by the King of England were to enjoy the benefits of …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1997, Organizational Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Repeal Of The Financial Interest And Syndication Rules: The Demise Of Program Diversity And Television Network Competition?, Marc L. Herskovitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Habermas And The Counterfactual Imagination, Michael K. Power

Cardozo Law Review

The epistemological problem of critical theories is easy to state but hard to resolve. On the one hand, if the theories are too descriptive and draw their conceptual resources from the ideas and institutions which currently exist, they lose their critical force. While they may provide elaborate reconstructions of the structure of social practices, they remain internal to these practices, part of a field of knowledge in which, at worst, theory is merely a form of public relations. On the other hand, if they articulate forms of critique that are entirely external to the systems of knowledge and practice that …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1996, Extraordinary Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

No Lever And No Place To Stand (A Response To Christopher Shannon), John Henry Schlegel

Journal Articles

No abstract provided.

Learning How To Heal: An Analysis Of The History, Policy, And Framework Of Indian Health Care, Betty Pfefferbaum, Rennard J. Strickland, Everett R. Rhoades, Rose L. Pfefferbaum

American Indian Law Review

No abstract provided.

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1994, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Learned Law, Droit Savant, Gelehrtes Recht: The Tyranny Of A Concept, Kenneth Pennington

Scholarly Articles

I would like to make several points in this essay. First, the historians of national legal systems are still, by and large, balkanized. They study, explain, and trace the history of their legal systems with only a cursory nod in the direction of the Ius commune. Second, within the Ius commune, some historians still approach a topic as if its various parts can be studied in isolation. A Romanist will study a doctrine of Roman law as if canon and feudal law had only tangential influence on the development of the thought of the civilians.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1994, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.

Department of Philosophy: Faculty Publications

It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the defect of …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1994, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1994, Volume 3, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

English Legal History In The Age Of Mansfield: Three Perspectives: Introduction, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1993, Organizational Session, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

American Indian Influence On The United States Constitution And Its Framers, Robert J. Miller

American Indian Law Review

No abstract provided.

Harlot's Ghost And Jfk: A Fictional Conservation With Norman Mailer, Oliver Stone, Earl Warren, And Hugo Black, Rodney A. Smolla

Faculty Publications

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1992, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.