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Articles 121 - 150 of 197
Full-Text Articles in Legal History
Afterword - Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet
Afterword - Outsider Citizenships And Multidimensional Borders: The Power And Danger Of Not Belonging, Pedro A. Malavet
UF Law Faculty Publications
In this closing for the LatCrit VIII symposium, I adopt a collective view of the articles, and attempt to develop how the themes discussed in them fit within LatCrit scholarship. I will then interrogate the future of our enterprise by discussing the danger of succumbing to the seduction of the real or perceived need "to reinvent the wheel," or at least to clothe ideas in overly-developed language. Last, the Conclusion discusses how LatCrit scholarship is both promoted and challenged by the articles published here. I further include some suggested institutional responses to the opportunities for mentoring and nurturing that I …
Race, Nation-Building And Legal Transculturation During The Haitian Unification Period (1822-1844): Towards A Dominican Perspective, Charles R. Venator Santiago
Race, Nation-Building And Legal Transculturation During The Haitian Unification Period (1822-1844): Towards A Dominican Perspective, Charles R. Venator Santiago
Cleveland State Law Review
This paper offers some preliminary reflections on the relationship between law, race, and nation building during the Haitian unification period. My contention is that, while the Haitian occupation can be described as a domination of Santo Domingo, it is also possible to discern some important ways in which Dominicans benefited from this relationship. More importantly, I suggest that there are some important moments where Dominicans participate in the Haitian nation building process. This paper also draws on a critical reading of Fernando Ortiz's notion of legal transculturation as articulated in his book, Cuban Counterpoint, to reflect on the multiple clashes …
Lawson Edward Thomas And Miami's Negro Municipal Court, Ernesto Longa
Lawson Edward Thomas And Miami's Negro Municipal Court, Ernesto Longa
St. Thomas Law Review
Lawson Edward Thomas, born in 1898 in Ocala, Florida, was both Miami's first black judge and the first black judge in the South since reconstruction. The municipal court Thomas presided over was located within Miami's Black Police Precinct and handled only cases involving black defendants arrested by black patrolmen. In other words, in 1950, Miami established a municipal court on purely racial lines. Amazingly, considerable research has not revealed a single scholarly article written about Miami's all-black court; Marvin Dunn's Black Miami in the Twentieth Century contains only four sentences on L.E. Thomas. Even Miami-Dade County's "local court historian" seems …
Love, Law, & Litigation In Colonial Georgia: The Trial And The Tribulation Of John Wesley In Savannah, E. R. Lanier
Love, Law, & Litigation In Colonial Georgia: The Trial And The Tribulation Of John Wesley In Savannah, E. R. Lanier
Faculty Publications By Year
No abstract provided.
Occasional Publications Of The Bounds Law Library, Number Five: Commonplace Books Of Law: A Selection Of Law-Related Notebooks, Paul M. Pruitt Jr., David I. Durham, Tony Allan Freyer, Timothy W. Dixon, Alexander Dorcas, George Josiah Sturges Walker, Thomas K. Jackson, James Thomas Kirk, Jerome T. Fuller, Hugo L. Black
Occasional Publications Of The Bounds Law Library, Number Five: Commonplace Books Of Law: A Selection Of Law-Related Notebooks, Paul M. Pruitt Jr., David I. Durham, Tony Allan Freyer, Timothy W. Dixon, Alexander Dorcas, George Josiah Sturges Walker, Thomas K. Jackson, James Thomas Kirk, Jerome T. Fuller, Hugo L. Black
Occasional Publications of the Bounds Law Library
Occasional Publications of the Bounds Law Library, Number Five contains the transcriptions of five notebooks, one ledger, and one diary as well as critical introductions to each piece and an essay on notebooks in legal culture. Primary sources include: a seventeenth century notebook authored by multiple anonymous persons likely to have been students in the Inns of Courts, Alexander Dorcas' ledger used from 1785 to 1817, George Josiah Sturges Walker's 1826 Litchfield Law School notebook, Thomas K. Jackson's 1871 diary, James Thomas Kirk's notebook used from 1891 to 1916, Jerome T. Fuller's notebook used from 1925 to 1935, and …
Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine
Voting Rights At A Crossroads: Return To The Past Or An Opportunity For The Future, Barbara Arnwine
Seattle University Law Review
This keynote address for the 2005 Symposium: Where's My Vote? Lessons Learned from Washington State's Gubernatorial Election was presented by Barbara Arnwine. The focus of the presentation was on "Voting Rights at a Crossroad: Return to the Past or an Opportunity for the Future?" To students who are on the career path to becoming practitioners of law, and to attorneys and law professors, no role is more important than enhancing democracy. Ms. Arnwine's speech addresses the topics of voting rights from a national perspective highlighting the most pressing challenges. In addressing this theme, four areas of voting rights are covered …
Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.
Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.
Other Publications
No abstract provided.
Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck
Damage Caps: Recent Trends In American Tort Law, Mark K. Osbeck
Articles
Damage caps and other limitations on damages have become increasingly important in American tort law during the past thirty years. This trend shows no signs of abating; in fact, it has gained increasing momentum since President Bush took office in 2001. This chapter traces the evolution of damage caps and other limitations on damages and provides a summary of recent developments in this area.
Confederation-Era Discrimination Against Interstate Commerce And The Legitimacy Of The Dormant Commerce Clause Doctrine, Brannon P. Denning
Confederation-Era Discrimination Against Interstate Commerce And The Legitimacy Of The Dormant Commerce Clause Doctrine, Brannon P. Denning
Kentucky Law Journal
No abstract provided.
Munchausen Syndrome By Proxy : Gender, Sexism, And Just World Beliefs As Predictors Of Juror Decisions, Dawn R. Hurst
Munchausen Syndrome By Proxy : Gender, Sexism, And Just World Beliefs As Predictors Of Juror Decisions, Dawn R. Hurst
UNF Graduate Theses and Dissertations
Mock jurors (N = 200) read descriptions of a mock civil case involving an adult survivor of Munchausen Syndrome by Proxy who is suing his/her abuser for monetary/psychological damages. Jurors individually decided perceived percent of responsibility of defendant, award to plaintiff pre- and post-group deliberations, and as a mock jury, in groups of 5 to 10. Jurors and juries assigned greater percent of culpability to female defendants than male defendants. Individual jurors awarded more n1oney to plaintiffs abused by female defendants than male defendants. Low Modem Sexism Scale (MSS) scorers attributed greater percentage of responsibility to defendants and awarded plaintiff …
Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin
Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin
Cornell Law Faculty Publications
The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Economic Rationality Vs. Ethical Reasonableness: The Relevance Of Law And Economics For Legal Ethics, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg
The Transformation Of Modern Corporation Law: The Law Of Corporate Groups, Phillip Blumberg
Faculty Articles and Papers
No abstract provided.
Joseph Baxendale, James J. Fishman
Joseph Baxendale, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The defendant in the great case of Hadley v. Baxendale is Joseph Baxendale, managing partner of Pickford and Co., the common carrier that delayed the delivery of the Hadley's shaft. Baxendale was named the defendant, because Pickfords was a partnership and did not incorporate until 1901. Joseph Baxendale was born in 1785, the son of a Lancastershire surgeon. In 1806, he moved to London, where he worked for a wholesale linen draper. Later, he became a partner in that firm, and developed the managerial and accounting skills that would serve him so well at Pickfords.
Adr: The New Equity, Thomas O. Main
Rediscovering Williston, Mark L. Movsesian
Rediscovering Williston, Mark L. Movsesian
Washington and Lee Law Review
This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston 's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the undertheorized quality of Williston 's …
Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal
Revisiting Granite Falls:Why The Seattle Monorail Project Requires Re-Examination Of Washington's Prohibition On Taxation Without Representation, Matthew Senechal
Seattle University Law Review
The composition and actions of the un-elected Seattle Monorail Project (SMP) Board raise the question of whether the Washington State Constitution permits the legislature to delegate its taxing power to municipal corporations governed by unelected boards. Stated differently, the SMP Board and its actions present the question of whether the Washington State Constitution requires that local taxes be imposed only by officials who are elected by, and accountable to, the electorate burdened by the tax. While Washington's Constitution, political structures, and legal doctrine are designed to prevent "taxation without representation," the recent case of Granite Falls Library Facility Area v. …
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
A Review Of Animal Rights: Current Debates And New Directions, Laura Ireland Moore
Animal Law Review
No abstract provided.
Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak
Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak
Cardozo Journal of Equal Rights & Social Justice
The article examines 19th and early 20th-century proposals in France and Germany to introduce a "doubtful sex" category in civil law to address hermaphroditism. While French scholars focused on moral and social order, Germans emphasized humanitarian concerns, ultimately leading to increased medical control over sex determination.
The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson
The Prerogative Of The Sovereign In Virginia: Royal Law In A Republic, William Hamilton Bryson
Law Faculty Publications
The history of the prerogative of the sovereign, the lex prerogativa, in Anglo American jurisprudence is long and complicated. It has exercised the minds of jurists and political philosophers for many centuries, and there has not been universal agreement as to its nature and scope. The purpose of this essay, as prompted by the two quotations just given, is to describe the prerogative law and trace its development from medieval England to modem Virginia.
The Lost Jurisprudence Of The Ninth Amendment, Kurt T. Lash
The Lost Jurisprudence Of The Ninth Amendment, Kurt T. Lash
Law Faculty Publications
It is widely assumed that the Ninth Amendment languished in constitutional obscurity until it was resurrected in Griswold v. Connecticut by Justice Arthur Goldberg. In fact, the Ninth Amendment played a significant role in some of the most important constitutional disputes in our nation's history, including the scope of exclusive versus concurrent federal power, the authority of the federal government to regulate slavery, the constitutionality of the New Deal, and the legitimacy and scope of incorporation of the Bill of Rights into the Fourteenth Amendment. The second of two articles addressing the Lost History of the Ninth Amendment, The Lost …
If I Implore You And Order You To Set Me Free, Robert Blecker
If I Implore You And Order You To Set Me Free, Robert Blecker
NYLS Law Review
No abstract provided.
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson
Researching The Laws Of The Colony Of Rhode Island And Providence Plantations: From Lively Experiment To Statehood, Gail I. Winson
Law Library Staff Publications
No abstract provided.
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter
Publications
No abstract provided.
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Arnold Schwarzenegger And Our Common Future, Sarah Krakoff
Publications
No abstract provided.
The Ghost Of Telecommunications Past, Philip J. Weiser
The Ghost Of Telecommunications Past, Philip J. Weiser
Publications
Paul Starr's The Creation of the Media presents modern policymakers with an important opportunity to consider the historical lessons of the telecommunications industry. This Book Review underscores how Starr's book richly explains some key components of U.S. information policy - such as relying on an integrated strategy of intellectual property, antitrust law, and telecommunications policy - and that some historical lessons are misplaced as to today's environment - such as a categorical skepticism of vertical integration. Moreover, Starr's account of telecommunications history explains that the U.S.'s success in promoting innovation in the information industries reflects our reluctance to manage key …
Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel
Right Feeling And Knowing Right: Insanity In Testators And Criminals In Nineteenth Century American Law, Robert Mensel
Oklahoma Law Review
No abstract provided.
Harry Potter And The Law, Timothy S. Hall, Jeffrey E. Thomas, Danaya C. Wright, James Charles Smith, Aaron Schwabach, Joel Fishman, Daniel Austin Green, Andrew P. Morriss, Benjamin H. Barton
Harry Potter And The Law, Timothy S. Hall, Jeffrey E. Thomas, Danaya C. Wright, James Charles Smith, Aaron Schwabach, Joel Fishman, Daniel Austin Green, Andrew P. Morriss, Benjamin H. Barton
Faculty Works
The magnitude of the Harry Potter phenomenon alone would make it worthy of consideration; the fact that it is children's literature, and thus may play a significant part in forming a future generation's attitudes toward law and legal institutions, makes it even more so. The various contributions to this article explore various aspects of law and culture as presented in or viewed through the Harry Potter stories. The contributions of James Charles Smith and Danaya Wright address the depiction of families in the narratives and the limited role and development of family law. Benjamin H. Barton's contribution considers the failings …
Reparations As A Basis For The Makah's Right To Whale, Russell C. D'Costa
Reparations As A Basis For The Makah's Right To Whale, Russell C. D'Costa
Animal Law Review
The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United States government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts by the federal government to compensate Native Americans for past wrongs. Next, an examination of the history and culture of the Makah tribe provides a greater understanding of the significance of whaling to the Makah. The essay then expounds on why permitting …
Innocence And The Sopranos, Seth D. Harris