Legal History Commons^™

The Concept Of Religion, Eduardo M. Peñalver

Cornell Law Faculty Publications

The Opinion Volume 38 Number 5 – November 4, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 04, 1997. Misidentified as Number 3.

Roman Law And The Armenian Draft Civil Code, Alan Watson

Popular Media

Professor Watson served along with other eminent scholars as a consultant to the drafters of the Armenian Code. This article is condensed from his book: Ancient Law and Modern Understanding: At the Edges.

Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders

Michigan Law Review

Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman

Vanderbilt Law Review

What distinguished premodern from modern American jurisprudence? Whereas most commentators agree that the transition from premodernism to modernism occurred around the Civil War,' recent writings reveal dissension regarding the nature of antebellum and postbellum jurisprudence. In a wonderfully detailed study of Christopher Columbus Langdell, his jurisprudence, and his case method of teaching, William P. LaPiana argues that a defining feature of Langdell's postbellum legal science was a positivism that contrasted with a natural law orientation characteristic of the earlier antebellum jurisprudence. In a provocative critical essay, Robert W. Gordon argues to the contrary: LaPiana's emphasis on natural law during the …

The Opinion Volume 38 Number 4 – October 6, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 06, 1997. Misidentified as Number 3.

Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist

Indiana Law Journal

No abstract provided.

Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger

Indiana Law Journal

No abstract provided.

History Of Indian Broadcasting Reform, Sevanti Ninan

Cardozo Journal of International and Comparative Law

The article explores the historical evolution of broadcasting reform in India, highlighting the tension between state control and the constitutional guarantee of freedom of speech under Article 19. It traces the development from colonial-era laws like the Indian Telegraph Act of 1885 to modern legislative and judicial efforts to balance public interest, cultural preservation, and technological advancements. The analysis underscores the recurring themes of autonomy for state media, competition from private and foreign broadcasters, and the need for regulatory frameworks to address these challenges.

Doordarshan, Public Service Broadcasting And The Impact Of Globalization: A Short History, Nikhil Sinha

Cardozo Journal of International and Comparative Law

The article examines the transformation of India's public service broadcasting system, particularly Doordarshan, in the context of globalization and economic liberalization. It argues that the shift from a state-dominated to a market-oriented economy has led to increased commercialization of broadcasting, threatening the traditional public service mission of Doordarshan. While structural reforms like the implementation of Prasar Bharati aim to grant greater autonomy, the pressures of commercial competition and political influence continue to challenge the balance between public interest and market demands.

Trends In Indian Media And Prospects For Broadcasting Reform, Rishab Aiyer Ghosh

Cardozo Journal of International and Comparative Law

The article argues that India's media market, despite immense latent demand driven by its large population and growing economy, is stifled by government-imposed monopolies and restrictive policies. While technological advancements and private sector growth have created opportunities for competition, the government's reluctance to liberalize media regulations and its focus on maintaining control over content and distribution hinder the market's potential. The article critiques the proposed Broadcasting Bill for prioritizing political and economic interests over free expression and market efficiency, urging a shift toward policies that foster competition, innovation, and decentralized media infrastructure.

The Opinion Volume 38 Number 3 – September 23, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 23, 1997

The Opinion Volume 38 Number 2 – September 15, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 15, 1997

Introduction To Volume 100 Of The West Virginia Law Review, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr.

West Virginia Law Review

No abstract provided.

Curses, Oaths, Ordeals And Tials Of Animals, Alan Watson

Scholarly Works

To the outsider, a foreign legal system may at times appear irrational, with a belief in the efficacy, usually with supernatural assistance, of curses, oaths and ordeals, and that animals may properly be punished, even restrained from anti-human behaviour, after a criminal trial. But caution must be exercised. There may be little real belief that the deity will intervene-for instance, that the ordeal will reveal guilt or innocence. Rather, the society may be faced with an intolerable problem, with no reasonable solution, and the participants may resort to extraordinary legal measures as a "Last Best Chance", or "The Second Best". …

Jack Rakove's Rendition Of Original Meaning, Raoul Berger

Indiana Law Journal

No abstract provided.

Are Housekeepers Like Judges?, Stephen P. Garvey

Cornell Law Faculty Publications

Professor Greenawalt proposes that we look at interpretation "from the bottom up." By taking a close look at informal relationships between an authority and his or her agent, and how the agent "faithfully performs" instructions within such relationships, he hopes to gain insight into the problems surrounding the interpretation of legal directives. The analysis of "faithful performance" in informal contexts which Professor Greenawalt presents in From the Bottom Up is the first step in a larger project. His next step is to see what lessons the interpretation of instructions in informal contexts has for law. This Comment tries to contribute …

Loyal Lieutenant, Able Advocate: The Role Of Robert H. Jackson In Franklin D. Roosevelt's Battle With The Supreme Court, Stephen R. Alton

Faculty Scholarship

This Article presents a chronological, narrative account of Jackson's participation in the court fight over Roosevelt's so-called "court packing plan." The larger history of that campaign and its players also are presented in order to illuminate Jackson's role. Although a number of secondary works-both old and new-review the history of the fight, the main purpose here is to relate Jackson's part in this larger history, drawing on. those secondary works only to the extent that they are helpful. This Article first recounts the historical background of the tension between the New Deal and the Supreme Court as well as the …

Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab

Cornell Law Faculty Publications

In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …

Recipe For Trouble: Some Thoughts On Meaning, Translation And Normative Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster

Washington and Lee Law Review

No abstract provided.

Justices At Work: An Introduction, Michel Rosenfeld

Cardozo Law Review

"Justices at Work," a day long conference which took place on September 19, 1995 at the Benjamin N. Cardozo School of Law, brought together Justices and constitutional scholars from seven different countries to consider a hypothetical constitutional case dealing with fundamental rights. This issue of the Law Review includes the facts of the hypothetical case, the applicable hypothetical statute, the briefs submitted to the International Moot Courtall of which were the product of a collaborative effort among the seven scholars involved-as well as a transcript of the proceedings and of the deliberations of the seven Justices: Justice Ruth Bader Ginsburg …

The Cathedral At Twenty-Five: Citations And Impressions, James E. Krier, Stewart J. Schwab

Cornell Law Faculty Publications

It was twenty-five years ago that Guido Calabresi and Douglas Melamed published their article on property rules, liability rules, and inalienability. Calabresi, then a law professor, later a dean, is now a federal judge. Melamed, formerly a student of Calabresi's, is now a seasoned Washington attorney. Their article—which, thanks to its subtitle, we shall call The Cathedral—has had a remarkable influence on our own thinking, as we tried to show in a recent paper.

This is not the place to rehash what we said then, but a summary might be in order. First, we demonstrated that the conventional wisdom …

Cultural Criticism Of Law, Guyora Binder, Robert Weisberg

Journal Articles

Professors Binder and Weisberg expound a "cultural criticism" of law that views law as an arena for composing, representing, and contesting identity, and that treats identity as constitutive of the interests that motivate instrumental action. They explicate this critical method by reference to "New Historicist" literary criticism, postmodern social theory, and Nietzchean aesthetics. They illustrate this method by reviewing recent scholarship of two kinds: First, they explore how legal disputes take on expressive meaning for parties and observers against the background of legal norms regulating or recognizing identities. Second, they examine "readings" of the representations of character, credit, and value …

The Opinion Volume 37 Number 12 – April 30, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 30, 1997

The Opinion Volume 37 Number 11 – April 16, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 16, 1997

The Opinion Volume 37 Number 10 – April 2, 1997, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 02, 1997. Includes Onion spoof issue overwrap.

The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad

Indiana Law Journal

Symposium: Law and Civil Society

The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer

Indiana Law Journal

Symposium: Law and Civil Society