Legal History Commons^™

The Opinion Volume 51 Issue 4 – December 6, 1999, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated December 06, 1999

Recovering The Original Fourth Amendment, Thomas Y. Davies

Michigan Law Review

Claims regarding the original or intended meaning of constitutional texts are commonplace in constitutional argument and analysis. All such claims are subject to an implicit validity criterion - only historically authentic assertions should matter. The rub is that the original meaning commonly attributed to a constitutional text may not be authentic. The historical Fourth Amendment is a case in point. If American judges, lawyers, or law teachers were asked what the Framers intended when they adopted the Fourth Amendment, they would likely answer that the Framers intended that all searches and seizures conducted by government officers must be reasonable given …

The Opinion Volume 51 Issue 3 – November 15, 1999, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 15, 1999

The Opinion Volume 51 Issue 2 – November 1, 1999, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 01, 1999

The Influence Of Race In School Finance Reform, James E. Ryan

Michigan Law Review

It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …

The Opinion Volume 51 Issue 1 – October 18, 1999, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 18, 1999

Beyond The Rhetoric Of “Dirty Laundry”: Examining The Value Of Internal Criticism Within Progressive Social Movements And Oppressed Communities, Darren Lenard Hutchinson

UF Law Faculty Publications

Several historical reasons explain opposition to the airing of internal criticism by scholars and activists within progressive social movements and by members of subordinate communities. Opponents often contend that such criticism might reinforce negative stereotypes of subordinate individuals and that reactionary movements and activists might appropriate and misuse negative portrayals of the oppressed. A related fear holds that internal criticism will dismantle political unity within oppressed communities and progressive social movements, thereby forestalling social change. While these concerns provide some context for understanding the resistance to internal criticism within progressive social movements, I argue in this essay that they do …

Their Pride And Ornament: Judge Benjamin Johnson And The Federal Courts In Early Arkansas, Lynn Foster

University of Arkansas at Little Rock Law Review

No abstract provided.

Public Values And Professional Responsibility, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

How The Cheyenne Indians Wrote Article 2 Of The Uniform Commercial Code, David Ray Papke

Buffalo Law Review

No abstract provided.

Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles

Cornell Law Faculty Publications

This article draws upon one year of ethnographic research at United Nations conferences to challenge some common academic assumptions about what it means to "do" international law. The article compares the work of academic international lawyers - founded in making models of an international system - to the work of practitioners - exemplified by the work of making documents, and demonstrates the particular, peculiar nature of each kind of knowledge, from the point of view of the observer. This leads to a set of conclusions concerning how an academic study of international law influenced by an appreciation of the particularity …

Beyond The Formalism Debate: Expert Reasoning, Fuzzy Logic, And Complex Statutes, Edward S. Adams, Daniel A. Farber

Vanderbilt Law Review

Formalists and antiformalists continue to debate the utility of using legislative history and current social values to interpret statutes. Lost in the debate, however, is a clear model of how judges actually make decisions. Rather than focusing on complex problems presented by actual judicial decisions, formalists and antiformalists concentrate on stylized examples of simple statutes.

In this Article, Professors Adams and Farber construct a more functional model of judicial decisionmaking by focusing on complex problems. They use cognitive psychological research on expert reasoning and techniques from an emerging area in the field of artificial intelligence, fuzzy logic, to construct their …

Remarks At Women's Conference Luncheon, Marjorie Creola Mix

Buffalo Women's Law Journal

No abstract provided.

Remembering Hon. M. Dolores Denman (1931-2000), Ub Law Forum

Buffalo Women's Law Journal

No abstract provided.

The Lonesome Death Of Alexander Reder, Alien Cloakmaker, Eric Tucker

Articles & Book Chapters

By the end of the nineteenth century, politicians could no longer easily overlook the demands of the burgeoning labour movement. New laws began to set minimum standards in employment. One act protected striking Canadian workers by preventing employers from hiring across the line in the U.S. On paper it looked like progressive legislation. But when it came time to put the law into practice, there was an absence of will. Not even a tragic suicide could change the status quo.

Chief Justice Marshall In The Context Of His Times, R. Kent Newmyer

Faculty Articles and Papers

No abstract provided.

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.

When Does The Curiae Need An Amicus?, Luther T. Munford

The Journal of Appellate Practice and Process

An argument is made for freely granting leave of amicus motions.

Unpublished Opinions: A Comment, Richard S. Arnold

The Journal of Appellate Practice and Process

The Honorable Richard S. Arnold gives a federal appellate judge’s perspective of the unpublished opinions debate.

Discretionary Appellate Review Of Non-Final Orders: It’S Time To Change The Rules, Howard B. Eisenberg, Alan B. Morrison

The Journal of Appellate Practice and Process

This article discusses the uncertainty of United States Courts of Appeals jurisdiction over non-final orders.

The "New Conservatism" In Contract Law And The Process Of Legal Change, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Establishing New Legal Doctrine In Managed Care: A Model Of Judicial Response To Industrial Change, Peter D. Jacobson, Scott D. Pomfret

University of Michigan Journal of Law Reform

Courts are struggling with how to develop legal doctrine in challenges to the new managed care environment. In this Article, we examine how courts have responded in the past to new industries or radical transformations of existing industries. We analyze two historical antecedents, the emergence of railroads in the nineteenth century and mass production in the twentieth century, to explore how courts might react to the current transformation of the health care industry.

In doing so, we offer a model of how courts confront issues of developing legal doctrine, especially regarding liability, associated with nascent or dramatically transformed industries. Our …

An Empirical Evaluation Of Specialized Law Reviews, Chris Guthrie, Tracey E. George

Vanderbilt Law School Faculty Publications

The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in the second half of the twentieth century. As a consequence, there is a dearth of information about the proliferation, significance, and status of specialized reviews. In this Article, we attempt to fill this information gap by documenting the rise of the specialized review and by providing an empirical ranking of the top 100 specialized reviews.

An Empirical Evaluation Of Specialized Law Reviews, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

The sudden, rapid, and widespread increase in the number of specialized law reviews has attracted relatively little scholarly attention even though it is the most significant development in legal academic publishing in the second half of the twentieth century. As a consequence, there is a dearth of information about the proliferation, significance, and status of specialized reviews. In this Article, we attempt to fill this information gap by documenting the rise of the specialized review and by providing an empirical ranking of the top 100 specialized reviews.

The Principles Of The Rule Of Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Agentic And Conscientic Decisions In Law: Death And Other Cases, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

The Strange History Of "All Men Are Created Equal", Pauline Maier

Washington and Lee Law Review

No abstract provided.

The American Founders' Responsibility, Ralph Lerner

Washington and Lee Law Review

No abstract provided.

Create Your Own Constitutional Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Positivism, Emergent And Triumphant, Vincent A. Wellman

Michigan Law Review

Positivism is one of those words that triggers passionate and often contradictory responses. For some, positivism is a pejorative. Lon Fuller, perhaps more than anyone, charged that positivism was confused about the nature of law, blind to law's inherent morality, and morally corrupting to boot. He even suggested, in different ways, that positivism helped promote the rise of fascism in Europe. Others, in contrast, have treated positivism as a modest and undeniable truth about law. Law, they argued, is morally fallible, and accordingly, the existence and validity of law is a matter of social fact rather than moral necessity. H.L.A. …