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Articles 31 - 60 of 143
Full-Text Articles in Legal History
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
Foreword, Azizah Y. Al-Hibri
Foreword, Azizah Y. Al-Hibri
Law Faculty Publications
Recent world events have also underlined the fact that the shrinking global village is not moving automatically towards increased democracy, peace and cooperation. The use of force continues to be the preferred tool for conflict resolution, despite all claims to the contrary. To complicate matters, the new technological innovations are bringing violence instantaneously to our doorstep. Conflicts in far away regions of the world can no longer be ignored. They have cast their shadow over our cities. The dream of the global village has become a nightmare, with no apparent exit. What can we do about it?
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
American University Law Review
No abstract provided.
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Religion, The Rule Of Law, And The Good Of The Whole: A View From The Clergy, Marci A. Hamilton
Articles
No abstract provided.
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
The Unhappy History Of Civil Rights Legislation, Fifty Years Later, Jack M. Beermann
Faculty Scholarship
Seldom, if ever, have the power and the purposes of legislation been rendered so impotent.... All that is left today are afew scattered remnants of a once grandiose scheme to nationalize the fundamental rights of the individual.
These words were written fifty years ago by Eugene Gressman, now William Rand Kenan, Jr. Professor Emeritus, University of North Carolina School of Law, as a description of what the courts, primarily the Supreme Court of the United States, had done with the civil rights legislation passed by Congress in the wake of the Civil War. Professor Gressman's article, The Unhappy History of …
A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham
A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham
Journal of Legal Education
No abstract provided.
Young Christopher Langdell, 1826-1854: The Formation Of An Educational Reformer, Bruce A. Kimball
Young Christopher Langdell, 1826-1854: The Formation Of An Educational Reformer, Bruce A. Kimball
Journal of Legal Education
No abstract provided.
Book Review Of What Brown V. Board Of Education Should Have Said: The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Recision, Wendy Parker
Journal of Legal Education
No abstract provided.
Maladroit Or Not? Learning To Be Of Two Minds In The New Bijural Law Curricula, David Howes
Maladroit Or Not? Learning To Be Of Two Minds In The New Bijural Law Curricula, David Howes
Journal of Legal Education
No abstract provided.
The Proslavery Origins Of The Electoral College, Paul Finkelman
The Proslavery Origins Of The Electoral College, Paul Finkelman
Cardozo Law Review
No abstract provided.
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
John Marshall: Remarks Of October 6, 2000, William H. Rehnquist
William & Mary Law Review
No abstract provided.
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
Judicial Power In The Constitutional Theory Of James Madison, Jack N. Rakove
William & Mary Law Review
No abstract provided.
The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin
The Use That The Future Makes Of The Past: John Marshall's Greatness And Its Lessons For Today's Supreme Court Justices, Jack M. Balkin
William & Mary Law Review
No abstract provided.
John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins
John Marshall Through The Eyes Of An Admirer: John Quincy Adams, Michael Daly Hawkins
William & Mary Law Review
No abstract provided.
Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser
Some Alarming Aspects Of The Legacies Of Judicial Review And Of John Marshall, Stephen B. Presser
William & Mary Law Review
No abstract provided.
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
John Marshall, Mcculloch V. Maryland, And "We The People": Revisions In Need Of Revising, Martin S. Flaherty
William & Mary Law Review
No abstract provided.
A Judge For All Seasons, R. Kent Newmyer
A Judge For All Seasons, R. Kent Newmyer
William & Mary Law Review
No abstract provided.
The Lives Of John Marshall, Michael J. Gerhardt
The Lives Of John Marshall, Michael J. Gerhardt
William & Mary Law Review
No abstract provided.
How The Electoral College Imitates The World Series, Michael Herz
How The Electoral College Imitates The World Series, Michael Herz
Cardozo Law Review
No abstract provided.
A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan
A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
The Opinion Volume 54 Issue 4 – February 1, 2002, The Opinion
The Opinion Volume 54 Issue 4 – February 1, 2002, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue from 2002. Original publishing date unknown.
Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer
Appreciating Legislative History: The Sweet And Sour Spots Of The Dmca's Commentary, David Nimmer
Cardozo Law Review
No abstract provided.
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Writs To Rights: "Navigability" And The Transformation Of The Common Law In The Nineteenth Century, Daniel J. Hulsebosch
Cardozo Law Review
This Article argues that nationalist jurists in the early nineteenth century attempted to replace the dominant procedural conception of the common law with a substantive one. Their purpose was to ameliorate the effects of legal federalism. They hoped that the creation of a national body of private law in treatises and judicial reports would encourage legal uniformity among the states. The reorientation of waterway law around the keyword "navigability" offers one example. As this example demonstrates, the project of forging a national jurisprudence was not entirely successful. But it did, indirectly, generate a way for the Supreme Court to extend …
The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Rights To Bear Arms, Robert M. Hardaway, Elizabeth Gormley, Bryan Taylor
The Inconvenient Militia Clause Of The Second Amendment: Why The Supreme Court Declines To Resolve The Debate Over The Rights To Bear Arms, Robert M. Hardaway, Elizabeth Gormley, Bryan Taylor
Sturm College of Law: Faculty Scholarship
There are sound public policy reasons why gun ownership by law abiding citizens in a free society should be protected. Good public policy, however, cannot be formulated as long as there remain fundamental misconceptions about the meaning and history of the Second Amendment of the U.S. Constitution and the law interpreting it. In August of 1994, an exasperated American Bar Association, finding itself unable to match the Gun Lobby's publicity campaigns, pleaded for help from the legal profession to educate the American public about the meaning of the Second Amendment and the intent of the Constitutional Framers. Specifically, the ABA …
Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens
Lurking In The Shadows Of Judicial Process: Special Masters In The Supreme Court's Original Jurisdiction Cases, Anne-Marie Carstens
Faculty Scholarship
No abstract provided.
Learning More Than Law From Maryland Decisions, Ian Gallacher
Learning More Than Law From Maryland Decisions, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.
A Tale Of Two Lawyers In Antebellum Cincinnati: Timothy Walker's Last Conversation With Salmon P. Chase, Gordon A. Christenson
A Tale Of Two Lawyers In Antebellum Cincinnati: Timothy Walker's Last Conversation With Salmon P. Chase, Gordon A. Christenson
Faculty Articles and Other Publications
Timothy Walker's reputation today is slower to recover the same national stature he achieved while living. He was close to the founding generation, yet believed in law reform and codification to see an end of slavery and stave off chaos from the crowd and popular democracy. For a time, he was a "man of his age" in Cincinnati, where in word and deed he projected the civic republicanism of the founders into a future for the new democrats. There is no public memorial for Walker, though the obelisk monument rises in Spring Grove Cemetery and his bust is displayed prominently …
Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray
Whatever Happened To G.I. Jane?: Citizenship, Gender, And Social Policy In The Postwar Era, Melissa E. Murray
Michigan Journal of Gender & Law
In this Article, it is argued that the GI Bill is consistent with the social welfare policies of the New Deal period, in particular the Social Security Act of 1935, and so should be examined within the analytical framework established by scholars like Linda Gordon and Theda Skocpol in their studies of the Social Security Act's social welfare programs. Although the Bill is gender-neutral on its face, it was framed by normative assumptions about military participation and work that ensured that it was socially understood to benefit male veterans.
The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker
The "Law"/"Politics" Distinction In The Colonial/Postcolonial Context, Kunal M. Parker
Articles
No abstract provided.
Youngstown Revisited, A. Christopher Bryant, Carl Tobias
Youngstown Revisited, A. Christopher Bryant, Carl Tobias
Faculty Articles and Other Publications
In 1952, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure of the nation's steel mills to support United States participation in the Korean conflict, but the Supreme Court held that Truman lacked any power to seize the property in Youngstown Sheet & Tube Co. v. Sawyer. In 2001, President George W. Bush promulgated an Executive Order that authorized trial by military commissions of non-U.S. citizens whom the American government suspects of terrorism in domestic cases and concomitantly denied these persons access to the federal courts. This article undertakes an analysis of the Bush Executive …