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Articles 61 - 90 of 152
Full-Text Articles in Legal History
Communicative Power And The Concept Of Law, Ulrich K. Preub
Communicative Power And The Concept Of Law, Ulrich K. Preub
Cardozo Law Review
The idea that the law was founded on the self-interest and the will of rational individuals was first developed and proven in the social contract theories of Hobbes, Locke, and Rousseau. These theorists reacted-admittedly, in extremely different ways-to the problem of finding a collective basis in a world which had lost its common religious fundaments and the economic basis of feudal communal life. The European world of the seventeenth century had fallen apart. The universalism of the catholic world had been replaced by a plurality of subjective worldviews championed by individuals, groups, sects, and new social entities. How could one …
The Opinion Volume 36 Number 8 – February 28, 1996, The Opinion
The Opinion Volume 36 Number 8 – February 28, 1996, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 28, 1996
The Opinion Volume 36 Number 7 – February 14, 1996, The Opinion
The Opinion Volume 36 Number 7 – February 14, 1996, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated February 14, 1996
Madisonian Multiculturalism, Alexandra Natapoff
Madisonian Multiculturalism, Alexandra Natapoff
American University Law Review
No abstract provided.
Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse
Toward A "Due Foundation" For The Separation Of Powers: The Federalist Papers As Political Narrative, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
During the past quarter century, lawyers have become strangely comfortable with descriptions of our government's structure that would, to an untutored ear, speak contradiction. We are quite satisfied to say that governmental powers are separate and shared, departments distinct and overlapping, functions autonomous and interdependent. We have settled into these contradictions as we would a roomy chair: talking this way is no longer controversial but taken for granted, uttered with a knowing wink, perceived as the starting point of sophisticated analysis. A not "entirely separate," but "entirely free," set of departments is the only way we can think about the …
"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz
"Do Justice!": Variations Of A Thrice-Told Tale, Michael Herz
Articles
Although recent debates would suggest that narrative scholarship is brand new,4 lawyers, judges, and law professors, like all humankind, have always offered stories for illustration or support or to make a point in an indirect, and often more effective, way. Learned Hand's story about telling Justice Holmes to "do justice" is one widely-used example, offered by many writers in addition to Judge Bork and Professor Chayes. Its popularity is easy to understand. The story has a substantive message, pithily expressed, on a basic jurisprudential issue; it involves two members of the pantheon; and it crams a lot of human interest …
Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel
Lessons From The Past: Revenge Yesterday And Today, Tamar Frankel
Faculty Scholarship
Professor Seipp's Paper transports us to the Middle Ages to discover a society that views crime and tort quite differently from the way we view these categories today. Yet our discovery of that society offers a perspective about our own. In Professor Seipp's world the victim of a wrong had a choice: demand revenge by determining how the wrongdoer would be punished, or demand monetary compensation. These two entitlements were mutually exclusive. The victim could choose either one, but to some extent, especially in earlier times, the right of revenge was considered a higher right that the victim was expected …
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
The Innkeeper's Tale: The Legal Development Of A Public Calling, David S. Bogen
Faculty Scholarship
No abstract provided.
A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell
A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This legal history article presents a new understanding of the nature of slave property. Slave property was divided and fragmented into many different interests including those with application to real property such life estates, remainders, shifting and spring interests, and leasehold interests. With regard to these interests, the article overlays the first-year, law-school property course onto slaves as property. Property interests in slaves were also divided by credit mechanisms including mortgages and secured credit transactions. Warranties are another example of divided property interests in slaves.
The fragmented, Hohfeldian nature of slave property distributed the stake that southerners had in the …
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This legal history article presents the empirical finding that the risk of family separation at slave auctions was higher at court-ordered and court-supervised sales as compared with private sales of capitalist auctioneers. The article also examines legal and ideological justification for the destruction of slave families. Law served to disguise human agency in the breakup of slave families.
This article builds upon the author’s earlier finding that a majority of slave auctions in South Carolina were conducted by the courts. The data for this article and the previous study were drawn from antebellum primary sources including trial-court records, the salesbooks …
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
To Accomplish Fairness And Justice: Substantive Due Process, 30 J. Marshall L. Rev. 95 (1996), James W. Hilliard
UIC Law Review
No abstract provided.
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell
Sturm College of Law: Faculty Scholarship
This legal history article presents the empirical finding that the risk of family separation at slave auctions was higher at court-ordered and court-supervised sales as compared with private sales of capitalist auctioneers. The article also examines legal and ideological justification for the destruction of slave families. Law served to disguise human agency in the breakup of slave families.
This article builds upon the author’s earlier finding that a majority of slave auctions in South Carolina were conducted by the courts. The data for this article and the previous study were drawn from antebellum primary sources including trial-court records, the salesbooks …
Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin
Why We Honor John Marshall - A Brief Retrospective, 29 J. Marshall L. Rev. 567 (1996), Arthur J. Sabin
UIC Law Review
No abstract provided.
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein
Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein
UIC Law Review
No abstract provided.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
UIC Law Review
No abstract provided.
Is There Life After Forty: The John Marshall Law School's Fortieth Annual Conference On Intellectual Property, 29 J. Marshall L. Rev. 841 (1996), Donald W. Banner
Is There Life After Forty: The John Marshall Law School's Fortieth Annual Conference On Intellectual Property, 29 J. Marshall L. Rev. 841 (1996), Donald W. Banner
UIC Law Review
No abstract provided.
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
Sleeping With The Enemy: Combatting The Sexual Spread Of Hiv-Aids Through A Heightened Legal Duty, 29 J. Marshall L. Rev. 957 (1996), Eric L. Schulman
UIC Law Review
No abstract provided.
Judicial Usurpation Of The F.T.C.'S Authority: A Return To The Rule Of Reason, 30 J. Marshall L. Rev. 283 (1996), Jeffrey H. Liebling
Judicial Usurpation Of The F.T.C.'S Authority: A Return To The Rule Of Reason, 30 J. Marshall L. Rev. 283 (1996), Jeffrey H. Liebling
UIC Law Review
No abstract provided.
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
Killer Party: Proposing Civil Liability For Social Hosts Who Serve Alcohol To Minors, 30 J. Marshall L. Rev. 245 (1996), Matthew C. Houchens
UIC Law Review
No abstract provided.
Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond
Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond
UIC Law Review
No abstract provided.
Fair Housing, Good Housing Or Expensive Housing? Are Building Codes Part Of The Problem Or Part Of The Solution?, 29 J. Marshall L. Rev. 349 (1996), Eric Damian Kelly
Fair Housing, Good Housing Or Expensive Housing? Are Building Codes Part Of The Problem Or Part Of The Solution?, 29 J. Marshall L. Rev. 349 (1996), Eric Damian Kelly
UIC Law Review
No abstract provided.
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
A Real Lulu: Zoning For Group Homes And Halfway Houses Under The Fair Housing Amendments Act Of 1988, 29 J. Marshall L. Rev. 369 (1996), Daniel Lauber
UIC Law Review
No abstract provided.
Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner
UIC Law Review
No abstract provided.
Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech
Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech
UIC Law Review
No abstract provided.
The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein
The Subtle Vices Of The Employment Discrimination Laws, 29 J. Marshall L. Rev. 575 (1996), Richard A. Epstein
UIC Law Review
No abstract provided.
If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte
If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte
UIC Law Review
No abstract provided.
Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff
Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff
UIC Law Review
No abstract provided.
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Women In The Courts: An Old Thorn In Men's Sides, Nikolaus Benke
Michigan Journal of Gender & Law
This article was inspired by the work of a series of state task forces on women in the courts. It examines the subject from a historical perspective, comparing ancient Rome, mainly during the period from the first century B.C. to the third A.D., with the United States, from its prerevolutionary beginnings to the present. The article's focus is gender bias against women acting in official court functions.
The Rights Of The Accused In A 'Crime Crisis', Yale Kamisar
The Rights Of The Accused In A 'Crime Crisis', Yale Kamisar
Book Chapters
"I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization .... The institution of trial by jury has come to be regarded as such a fetish in our country that state legislatures have exalted the power of the jury and diminished the power of the court .... The counsel for the defense, relying on the diminished power of the court, creates, by dramatic art and by harping on the importance of unimportant details, a false atmosphere …
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.