Legal History Commons^™

The Virtues Of Interpretation In A Jural Society, Mike Robert Horenstein

Cardozo Law Review

This Essay could perhaps be titled "Why Lieber Now?": for this seems to me an unavoidable question when reviving a figure who has seemingly been lost in the archives. We encounter problems on all fronts, and just to ignore them and go about resuscitating Lieber would only provide an opportunity to quip that the operation 'was successful, though the patient died (was actually long dead). Even at the time of its publication, William Kent, Chancellor Kent's son, remarked of Lieber's Legal and Political Hermeneutics," 'What, in God's name, made you choose 'Hermeneutics'? ... Had you called your... …

Clark Memorandum: Fall 1994, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Too Much Law, Too Little Consensus (Bruce C. Hafen)
• Pure Religion (Steven A. West)
• Keepers of the Flame (F. Burton Howard)
• A Safe Return (Michael Goldsmith)

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 …

28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood

Scholarship@WashULaw

Several centuries from now, when archaeologists have unearthed a copy of the Federal Reporter and turned it over to legal historians for study and analysis, our descendants will be puzzled to discover that a society in which judicial resources were such a scarce "commodity" expended so much of that "commodity" searching its state codes for "analogous" limitation periods. I doubt very much that, at least in this regard, our priorities will command much admiration.

Fixing the statute of limitation for a particular cause of action is a legislative function. Indeed, it is not a particularly difficult or complex legislative function. …

Book Review. Conceptual Change And The Constitution, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Reception Of English Law In Singapore: Problems And Proposed Solutions, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The problems pertaining to the reception of English law in Singapore are both numerous and complex. The academic literature generated in the local sphere alone is relatively large. It must, however, be conceded that, from apractical point of view, there has been very little interest or at least discussion. One cannot, of course, be sure about this observation, save for the very strong indication that takes the form of the overwhelming lack of litigation in the area, thus rendering it merely (so it appears) an academic monopoly. It should, however, be pointed out that this rather phlegmatic approach in practice …

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This very brief essay seeks to sketch out as well as consider an approach toward legal analysis and reasoning that would aid in the development of an autochthonous Singapore legal system, ' and that, in any event, would probably also be relevant even in more generalized ad hoc situations. It is assumed that many, if not most, of those involved in the discipline of Singapore law desire the construction of an autochthonous legal system, although the skeptic might find - as just mentioned - the approach suggested here of some utility as well.

Eminent Domain Law, Riparian Doctrine, And Early American Land Settlement: An Evolutionary History Of Vested Property Rights From The Late 18th Through The 19th Century, Scott Beckstead

Undergraduate Honors Capstone Projects

This paper is an effort to present a synopsis of the jurisprudence of eminent domain law and riparian doctrine and their place in the history of American property law. Both areas are vast and complicated bodies of law, and both are still undergoing scrutiny and change. We therefore will concentrate on those cases and doctrines that culminated in the eminent domain jurisprudence of the early West. In the context of early American land settlement and development, the paper will define what is known among legal and historical scholars as "takings," expounding on different aspects of that concept. We will examine …

Water And The American West: Essays In Honor Of Raphael J. Moses, David H. Getches

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b131940~S0

Contents: Foreword / [David H. Getches] -- Biographical note : a tribute to a great lawyer / John M. Sayre -- To settle a new land : an historical essay on water law in Colorado and in the American West / Charles F. Wilkinson -- A global perspective on western water / Gilbert F. White -- The international problem with Mexico over the salinity of the lower …

Metaphor And Imagination In James Wilson's Theory Of Federal Union, Stephen A. Conrad

Articles by Maurer Faculty

No abstract provided.

Of ‘Cut-Off’ Dates And Domination: Some Problematic Aspects Of The General Reception Of English Law In Singapore, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

This article deals with some problematic aspects of the general reception of English law in Singapore. It examines, first, the concept of the 'cut-off' date for statutes and the common law. The second substantive part deals with the concepts of suitability and modification, analysing their theoretical cogency as well as their application in the local context. The third and final part of the article examines the relationship between reception and stare decisis, indicating and examining potential contradictions as well as other allied issues.

The National Park System And Development On Private Lands: Opportunities And Tools To Protect Park Resources, Michael Mantell

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

34 pages.

Contains footnotes.

Jurisdictional And Institutional Issues: Public Lands, Robert B. Keiter

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

13 pages.

Contains references.

International Law And External Threats To National Parks, Daniel Barstow Magraw

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

41 pages.

Contains references.

A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

116 pages (includes illustrations).

Contains footnotes and references.

Contains 3 attachments:

1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.

2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.

3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.

Panel: “Protecting Our National Parks: What Should Be Done,” And William J. Lockhart, Outline: Problems And Issues That Must Be Addressed; And Some Preliminary Proposals For Solutions, William J. Lockhart

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

26 pages.

Statements On Introduced Bills And Joint Resolutions [The Congressional Record, Senate Vol. 132, February 25, 1986, S1561-S1564], John Chafee

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Presenter: Robert F. Hurley, Administrative Assistant to Senator John H. Chafee.

5 pages.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.

Protection Of Waters Within And Without Park Boundaries To Support National Parks And Other Units Of The National Park System, A. Dan Tarlock

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

8 pages.

Siting Industrial Facilities In The Western United States, Joseph Browder

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

24 pages.

Contains references.

External Development: Turning Problems Into Opportunities, T. Destry Jarvis

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

9 pages.

The National Park Idea: Historical Misconceptions And Ecological Realities, Alfred Runte

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

17 pages.

Contains references.

Panel: Perspectives On External Threats To The National Parks [Report Of The Subgroup Of The Park Protection Working Group], Stephen A. Gleason

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

11 pages.

Contains 1 attachment.

Restoring The Biological Integrity Of Everglades National Park, Estus D. Whitfield

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

29 pages.

Contains references.

Case Study: The Challenges Of The Greater Yellowstone, Bill Bryan

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

4 pages.

Legal Issues Associated With Protecting Park Resources: Air Quality And Related Values, Molly N. Ross

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

109 pages.

Contains references.

Contains 5 attachments:

1) United States Department of the Interior Memorandum, September 20, 1985: Protection of National Park System Units from the Adverse Effects of Air Pollution.

2) Library of Congress Congressional Research Service Memorandum, November 19, 1985: Comments on Department of the Interior Memorandum of September 20, 1985 Entitled "Protection of National Park System Units from the Adverse Effects of Air Pollution."

3) United States Department of the Interior Memorandum, May 15, 1986: Legal Authority of the Secretary to Protect the Air Quality and Related Values of NPS Units from Adverse Impacts of Surface Coal …

Protecting National Park Resources: Wildlife, George Cameron Coggins

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages.

Contains references.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

After The Concrete Sets: The Future Role Of The Bureau Of Reclamation In Western Water Management, John D. Leshy

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

23 pages.

Contains references.