Legal History Commons^™

Interview With Innis Christie In Dalhousie Law School: An Oral History, Ronald St. John Macdonald

Innis Christie Collection

Innis M. Christie

Born: Amherst, Nova Scotia, 8 November 1937

Legal Education: Dalhousie, Cambridge University, and Yale Law School

Areas of specialization: Labour Law, Professional Responsibility and Legal Ethics, Administrative Law

Service on the full-time faculty: 1971-

Interview: Monday, 5 December 1988, Thursday, 15 December 1988, Thursday, 21 December 1988

The Politics Of Pediatric Aids, Jennifer Cooper

Cardozo Journal of Equal Rights & Social Justice

The article argues that mandatory HIV testing for pregnant women is crucial to prevent mother-to-child transmission of HIV, emphasizing that political and social barriers, rather than medical limitations, hinder effective prevention. It advocates for routine HIV screening as part of prenatal care, supported by the success of treatments like zidovudine, and addresses ethical and constitutional concerns while asserting the state's compelling interest in public health.

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

Publications

No abstract provided.

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.

Constitutional Fictions And Meritocratic Success Stories, Robin West

Georgetown Law Faculty Publications and Other Works

L.H. LaRue demonstrates in his book, Constitutional Law as Fiction, that, at least in the realm of constitutional law, there is no simple correspondence between fiction and falsehood, or fact and truth. Partial or fictive accounts of our constitutional history, even when they are riddled with inaccuracies, may state deep truths about our world, and accurate recitations of historical events may be either intentionally or unintentionally misleading in the extreme. According to LaRue, the Supreme Court engages in a form of storytelling or myth-making that goes beyond the inevitably partial narratives of fact and precedent. The Supreme Court also tells …

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.

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

Journal Articles

No abstract provided.

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …

Trade Secrets And Roman Law: The Myth Exploded, Alan Watson

Scholarly Works

In 1929 A. Arthur Schiller published a celebrated article, Trade Secrets and the Roman Law; the Actio Servi Corrupti. His main conclusions are that the Roman owner of a mark or firm name was legally protected against unfair usage by a competitor through the actio servi corrupti, “action for making a slave worse,” which the Roman jurists used to grant commercial relief under the guise of private law actions. “If, as the writer believes [writes Schiller], various private causes of action were available in satisfying commercial needs, the state was acting in exactly the same fashion as it …

Dutch Treats: The Lessons The U.S. Can Learn From How The Netherlands Protects Lesbians And Gays, Astrid A.M Mattijssen, Charlene L. Smith

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Theorists' Belief: A Comment On The Moral Tradition Of American Constitutionalism, Jospeh Vining

Articles

The Moral Tradition of American Constitutionalism is one of those rare works that leads us to face, at the center of law and legal thought, the largest questions about human life and human purpose. There is a special reader's shudder, a certain gestural shift in the chair, reserved for that moment of realizing where one is being led-not to the edge, but to the center, so that the questions become insistent, and whatever we and others say and do in the face of them becomes our response to them.

The Trouble With Hairdressers, Donald J. Herzog

Articles

Why should hairdressers, of all unlikely candidates, have come to exemplify equality, to be a cultural obsession of sort? Suffice it to say that hairdressers happened to occupy a social position that made it possible to demonize them.

Telling The Story Of The Hughes Court, Richard D. Friedman

Articles

When Justice Oliver Wendell Holmes, Jr., died in 1935, he left the bulk of his estate to the United States Government. This gift, known as the Oliver Wendell Hnlmes Devise, sat in the Treasury for about twenty years, until Congress set up a Presidential Commission to determine what to do with it. The principal use of the money has been to fund a multivolume History of the United States Supreme Court. The history of the project itself has not always been a happy one, for some of the authors have been unable to complete their volumes. Among them was one …

An Epilogue To The Age Of Pound, Thomas A. Green

Articles

Doubts about the reality of criminal offenders' autonomy have sometimes played a role in the movement to abolish, or greatly reduce the reach of, the sanction of capital punishment.

Juror Delinquency In Criminal Trials In America, 1796-1996, Nancy J. King

Vanderbilt Law School Faculty Publications

This article examines two aspects of the jury system that have attracted far less attention from scholars than from the popular press: avoidance of jury duty by some citizens, and misconduct while serving by others. Contemporary reports of juror shortages and jury dodging portray a system in crisis.' Coverage of recent high-profile cases suggests that misconduct by jurors who do serve is common. In the trial of Damian Williams and Henry Watson for the beating of Reginald Denny, a juror was kicked off for failing to deliberate; Exxon, Charles Keating, and the man accused of murdering Michael Jordan's father all …

Lynching, Federalism, And The Intersection Of Race And Gender In The Progressive Era, Barbara Holden-Smith

Cornell Law Faculty Publications

No abstract provided.

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

Publications

No abstract provided.

The Public Lands And The National Heritage, Charles F. Wilkinson

Publications

No abstract provided.

Government Lawyers And The New Deal, Neal Devins

Faculty Publications

No abstract provided.

Unjust Laws In A Democratic Society: Some Philosophical And Theological Reflections, John M. Finnis

Journal Articles

Largely rejecting Christian faith and every other recognition of human dependence upon transcendent intelligence and will, our societies are diverging further and further from every type of Christian commonwealth or "civilization of love." In such a situation, one must ask whether Christians involved in politics can have a reasonable expectation of shaping the main lines of public policy and law. Can they expect to do any more than, sometimes, help limit the damage and, always, bear witness to the faith and to the moral truths which are taught by faith?

Book Review Of American Legal Realism And Empirical Social Science, By John Henry Schlegel, Edward A. Purcell Jr.

Other Publications

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.

Passion And The Asian American Legal Scholar, Robert S. Chang

Faculty Articles

Professor Chang discusses what it means to be Asian American, and the strength and vibrancy of the various Asian immigrant groups as they struggled to make a home in the United States. He examines this ongoing struggle, and explores how it is through this struggle that they have become and are becoming Asian Americans.

Speaking Truth To Power: The Jurisprudence Of Julia Cooper Mack, Walter J. Walsh

Articles

In 1975, upon her appointment to the District of Columbia Court of Appeals, Julia Cooper Mack broke the double barrier of race and gender by becoming the first woman of color ever appointed to any American court of last resort. Over the last two decades, Judge Mack has authored hundreds of opinions articulating a powerful critical jurisprudence previously unheard on the highest level of our judiciary. In the pages that follow, several scholars join the Editors of the Howard Law Journal in suggesting that Judge Mack's life and work warrant careful scrutiny. This symposium explores the roots, development, and substance …

Review Of Authority: Construction And Corrosion, William I. Miller

Reviews

This is in many ways an engaging book, written in a refreshingly direct and unobfuscatory style. Its chief problem is living up to the rather grand expectations raised by the title, expectations that the author half-way through the enterprise admits he did not mean to evoke (p. 74). What the reader will find is less a systematic essay or sustained treatment of authority than several penetrating readings of intense conflicts dealing with a substantially narrower issue: controlling who gets to speak in public settings that are authority conferring - in councils, senates and law courts.

From The Couch To The Bench: How Should The Legal System Respond To Recovered Memories Of Childhood Sexual Abuse?, Wendy J. Kisch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Michigan's Proposed Prenatal Protection Act: Undermining A Woman's Right To An Abortion, Mark S. Kende

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Ancient Legal Maxims And Modern Human Rights, Dr. J. Stanley Mcquade

Campbell Law Review

No abstract provided.