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Articles 121 - 150 of 238
Full-Text Articles in Legal History
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Executive Power Essentialism And Foreign Affairs, Curtis A. Bradley, Martin S. Flaherty
Michigan Law Review
Conflict abroad almost always enhances executive power at home. This expectation has held true at least since the constitutions of antiquity. It holds no less true for modern constitutions, including the Constitution of the United States. Constitutional arguments for executive power likewise escalate with increased perceptions of foreign threat. It is therefore hardly surprising that broad assertions of presidential power have become commonplace after the events of September 11, 2001, and the ensuing war on international terrorism. One perennial weapon in the executive arsenal is the so-called "Vesting Clause" of Article II of the Constitution. This clause, which provides that …
Brief Amici Curiae Of Legal Historians Listed Herein In Support Of The Petitioners, Rasul V. Bush, Nos. 03-334 & 03-343 (U.S. Jan. 14, 2004), James Oldham
U.S. Supreme Court Briefs
No abstract provided.
Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo
Self-Organizing Legal Systems: Precedent And Variation In Bankruptcy, Bernard Trujillo
Law Faculty Publications
Models of legal ordering are frequently hierarchical. These models do not explain two prominent realities: (1) variation in the content of a legal system, and (2) patterns of non-hierarchical ordering that we observe. As a supplement to hierarchical explanations of legal order, this Article, drawing from physical and social science research on complex systems, offers a self-organizing model. The self-organizing model focuses on variation in the content of legal systems and attempts to explain the relationship between that variation and patterns of ordering. The self-organizing model demonstrates that variation and ordering are not opposite categories, but rather constitute one continuous …
Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen
Tributes To Professor Alice Brumbaugh, Alan D. Hornstein, Abraham Dash, Frederic N. Smalkin, Lynne A. Battaglia, Karen H. Rothenberg, David S. Bogen
Faculty Scholarship
Tributes to Professor Alice Brumbaugh upon her retirement from the University of Maryland School of Law.
Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber
Resolving Political Questions Into Judicial Questions: Tocqueville's Thesis Revisited, Mark A. Graber
Faculty Scholarship
This paper explores whether national political questions during the second party system were resolved into questions adjudicated by the Supreme Court of the United States. The essay details an appropriate test for Tocqueville’s thesis, demonstrates that most national political questions that excited Jacksonians were not resolved into judicial questions, and explains why Tocqueville’s thesis does not accurately describe national constitutional politics during the three decades before the Civil War. That most political questions were not resolved into judicial questions during the three decades before the Civil War given common political science claim that “(v)irtually any issue the Court might wish …
Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks
Setting The Record Straight: Maryland's First Black Women Law Graduates, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Judge Keith, The Constitution And National Security From Haddad To Sinclair - The Damon J. Keith Law Collection Of African-American Legal History Wayne State University Spencer Partrich Auditorium November 18, 2003, Robert Allen Sedler
Law Faculty Research Publications
No abstract provided.
The European Origins And The Spread Of The Corporate Board Of Directors, Franklin A. Gevurtz
The European Origins And The Spread Of The Corporate Board Of Directors, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer
The Pace And Cause Of Change, 37 J. Marshall L. Rev. 357 (2004), Larry D. Kramer
UIC Law Review
No abstract provided.
Corporate Liability For Human Rights Violations On Foreign Soil: A Historical And Prospective Analysis Of The Alien Tort Claims Controversy, Gabriel D. Pinilla
Corporate Liability For Human Rights Violations On Foreign Soil: A Historical And Prospective Analysis Of The Alien Tort Claims Controversy, Gabriel D. Pinilla
St. Thomas Law Review
Breakthrough decisions in Federal Circuit Court have allowed foreign plaintiffs to successfully bring claims against U.S. corporations for egregious human rights violations perpetrated by foreign governments in furtherance of corporate initiatives abroad. This comment analyzes the Alien Tort Claims Act controversy, from the Act's obscure roots through its modem evolution, paying particular attention to developmental cases and critical legal arguments. Though the ATCA has its origins in the Judiciary Act of 1789, a relatively minimal body of recent case law has developed revealing the Act's use as a weapon in the enforcement of international human rights norms. This string of …
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Indigenous People's Right To Free, Prior And Informed Consent And The World Bank's Extractive Industries Review, Fergus Mackay
Sustainable Development Law & Policy
No abstract provided.
The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky
The Accidental Legal Historian: Herman Melville And The History Of American Law, Alfred S. Konefsky
Journal Articles
No abstract provided.
Editor's Note, Melanie Nakagawa, Kirk Herbertson
Editor's Note, Melanie Nakagawa, Kirk Herbertson
Sustainable Development Law & Policy
No abstract provided.
Perceived Challenges To Recognition On Prior And Informed Consent Of Indigenous Peoples And Other Local Communities: The Experiences Of The Inter-American Development Bank, Anne Deruyttere
Sustainable Development Law & Policy
No abstract provided.
Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas
Prior Informed Consent In The Convention On Biological Diversity-Bonn Guidelines: National Implementation In Colombia, Adriana Casas
Sustainable Development Law & Policy
No abstract provided.
Free, Prior And Informed Consent And The World Bank Group, Robert Goodland
Free, Prior And Informed Consent And The World Bank Group, Robert Goodland
Sustainable Development Law & Policy
No abstract provided.
Volume 4 Issue 2, Sustainable Development Law & Policy
Volume 4 Issue 2, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken
UIC Law Review
No abstract provided.
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
The Province Of The Judiciary, 37 J. Marshall L. Rev. 325 (2004), William E. Nelson
UIC Law Review
No abstract provided.
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
The Secret Life Of The Political Question Doctrine, 37 J. Marshall L. Rev. 441 (2004), Louis Michael Seidman
UIC Law Review
No abstract provided.
The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken
The Ironies Of Marbury V. Madison And John Marshall's Judicial Statesmanship, 37 J. Marshall L. Rev. 391 (2004), Samuel R. Olken
UIC Law Review
No abstract provided.
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
Marbury V. Madison As The First Great Administrative Law Decision, 37 J. Marshall L. Rev. 481 (2004), Thomas W. Merrill
UIC Law Review
No abstract provided.
Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov
Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov
UIC Law Review
No abstract provided.
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond
UIC Law Review
No abstract provided.
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
Treatment Of Real Property Liens In Bankruptcy Cases, 38 J. Marshall L. Rev. 171 (2004), Gerald F. Munitz
UIC Law Review
No abstract provided.
The Domestic Security Enhancement Act Of 2003: A Glimpse Into A Post-Patriot Act Approach To Combating Domestic Terrorism, 38 J. Marshall L. Rev. 327 (2004), Timothy Scahill
UIC Law Review
No abstract provided.
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
State Sovereign Immunity And The Plaintiff State: Does The Eleventh Amendment Bar Removal Of Actions Filed In State Court?, 38 J. Marshall L. Rev. 513 (2004), Virginia F. Milstead
UIC Law Review
No abstract provided.
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck
UIC Law Review
No abstract provided.
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Whose Music Is It Anyway? How We Came To View Musical Expression As A Form Of Property, Michael W. Carroll
Scholarly Articles in Law Reviews & Journals
Many participants in the music industry consider unauthorized transmissions of music files over the Internet to be theft of their property. Many Internet users who exchange music files reject this characterization. Prompted by the dispute over unauthorized music distribution, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing music making in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some …
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
The Lingering Effects Of Copyright's Response To The Invention Of Photography, Christine Farley
Scholarly Articles in Law Reviews & Journals
In 1884, the Supreme Court was presented with dichotomous views of photography. In one view, the photograph was an original, intellectual conception of the author-a fine art. In the other, it was the mere product of the soulless labor of the machine. Much was at stake in this dispute, including the booming market in photographs and the constitutional importance of the originality requirement in copyright law. This first confrontation between copyright law and technology provides invaluable insights into copyright law's ability to adapt and accommodate in the face of a challenge. An examination of these historical debates about photography across …