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Articles 61 - 90 of 209
Full-Text Articles in Legal History
Law And Heidegger’S Question Concerning Technology: A Prolegomenon To Future Law Librarianship, Paul D. Callister
Law And Heidegger’S Question Concerning Technology: A Prolegomenon To Future Law Librarianship, Paul D. Callister
ExpressO
Following World War II, the German philosopher Martin Heidegger offered one of the most potent criticisms of technology and modern life. His nightmare is a world whose essence has been reduced to the functional equivalent of “a giant gasoline station, an energy source for modern technology and industry. This relation of man to the world [is] in principle a technical one . . . . [It is] altogether alien to former ages and histories.” For Heidegger, the problem is not technology itself, but the technical mode of thinking that has accompanied it. Such a viewpoint of the world is a …
Birth Of An Institution: Horace Gray And The Lost Law Clerks, Todd C. Peppers
Birth Of An Institution: Horace Gray And The Lost Law Clerks, Todd C. Peppers
Scholarly Articles
In a vault hidden away in a downtown Boston bank rests a large silver loving cup. The cup was presented to Associate Justice Horace Gray on March 22, 1902 by his law clerks, and engraved on its tarnished surface are the names of the nineteen Harvard Law School graduates who served as Justice Gray’s law clerks. While the details surrounding the presentation of the cup have been lost to history, the gift was likely prompted by the failing health of Justice Gray and his future departure from the Supreme Court. The loving cup is still held by the Gray family, …
Scholarship And Teaching After 175 Years, Gordon A. Christenson
Scholarship And Teaching After 175 Years, Gordon A. Christenson
Faculty Articles and Other Publications
A quarter century ago, I presided at the 150th anniversary celebration of the founding of the Cincinnati Law School. Newly appointed Justice Sandra Day O'Connor came to dedicate the radically refurbished Taft Hall in the spring of 1983 and to say good things about our long history. This year we begin to celebrate the College's 175th anniversary. For its dedicatory issue, the editor-in-chief of the Law Review, Matthew Singer, invited me to write an introduction as well as to reflect on those twenty-five years and the challenges and opportunities I see ahead for us. Especially as an emeritus dean and …
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway
Eckart Otto, Das Deuteronomium: Politische Theologie Und Rechtsreform In Juda Und Assyrien, Steven W. Holloway
Libraries
No abstract provided.
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Law Publications
This article is a sequel to the 1997 article “The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charier of Rights Isn't Such A Bad Thing After All).” In the present article, the authors review various academic critiques of their “dialogue” theory, which postulates that Charter decisions striking down laws arc not the last word, but rather the beginning of a “dialogue,” because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the “dialogue” phenomenon, and …
Douglas Hay And Paul Craven's Masters, Servants, And Magistrates In Britain And The Empire, 1562–1955, Robert J. Steinfeld
Douglas Hay And Paul Craven's Masters, Servants, And Magistrates In Britain And The Empire, 1562–1955, Robert J. Steinfeld
Book Reviews
No abstract provided.
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Incompletely Theorized Agreements: An Unworkable Theory Of Judicial Modesty, Yavar Bathaee
Fordham Urban Law Journal
This Comment examines the conflicting demands on American courts to safeguard the will of the legislature, ensure the protection of the minority, and resolve particular disputes and redress particular injuries. The manner and scope in which a court theorizes is critical as it binds future courts and litigants to its decisions. Professor Cass Sunstein proposes a jurisprudence of minimalism and supports theoretical modesty in the form of the "incompletely theorized agreement", the notion that individuals can agree on less theorized principles to resolve cases at hand without resorting to high-level theoretical pronouncements. This Comment addresses Sunstein's minimalist regime within the …
Bound Between And Beyond The Borderlands: Region, Race, Scale And A Subnational Legal History, Tom I. Romero
Bound Between And Beyond The Borderlands: Region, Race, Scale And A Subnational Legal History, Tom I. Romero
Sturm College of Law: Faculty Scholarship
This essay untangles the relationship between region, race, and scale in surfacing the legal past resulting from interactions between variant cultures in the history of the American West. While the analysis is necessarily informed by geographic, jurisdictional, and even scholarly scales, the scale I'm most concerned with exists at the level of the individual and the group. In this regard, this essay is centrally rooted in surfacing the legal history of subaltern cosmopolitan legalities in a global colonial and post-colonial world. Precisely because "subaltern cosmopolitan legality operates by definition across scales," the concept highlights the variety of ways in which …
Please Don't Feed The Homeless: Pottinger Revisited , Shirley D. Howell
Please Don't Feed The Homeless: Pottinger Revisited , Shirley D. Howell
The Modern American
No abstract provided.
The Rubric Of Force: Employment Discrimination In The Context Of Subtle Biases And Judicial Hostility, Anand Swaminathan
The Rubric Of Force: Employment Discrimination In The Context Of Subtle Biases And Judicial Hostility, Anand Swaminathan
The Modern American
No abstract provided.
The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt
The Past, Present And Future Of Health Care Reform: Can It Happen?, 40 J. Marshall L. Rev. 767 (2007), David Pratt
UIC Law Review
No abstract provided.
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
Labor Regulation, Union Avoidance And Organized Labor Relations Strategies On Tribal Lands: New Indian Gaming Strategies In The Wake Of San Manuel Band Of Indians V. National Labor Relations Board, 40 J. Marshall L. Rev. 1259 (2007), D. Michael Mcbride Iii, H. Leonard Court
UIC Law Review
No abstract provided.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
The Beloved Community: The Influence And Legacy Of Personalism In The Quest For Housing And Tenants' Rights, 40 J. Marshall L. Rev. 513 (2007), Lloyd T. Wilson Jr.
UIC Law Review
No abstract provided.
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave
Michigan Journal of Gender & Law
This Essay describes the history of the querela in Italy and explores the controversy surrounding the decision to maintain this institution. In addition, this Essay questions the degree to which the querela can protect victim agency when the attitudes of judges and lawyers in the Italian criminal justice system reflect persistent rape myths.
The History Of The Pace Law Library, Margaret R. Moreland
The History Of The Pace Law Library, Margaret R. Moreland
Elisabeth Haub School of Law Faculty Publications
The Pace University School of Law Library is a gateway to information. As an essential component of legal education, the Library collects and organizes information to support the curriculum and programs of the Pace University School of Law, makes effective use of all available resources to promote student and faculty scholarship, and teaches Pace University School of Law students, faculty, and staff how to retrieve, evaluate, and manage information in an efficient, professional, and ethical manner.
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Review Of Napoleon And The British, Donald J. Herzog
Review Of Napoleon And The British, Donald J. Herzog
Reviews
Was he fascinating or repulsive? The bold courier of republican liberty under law or the scabrous carrier of lethal Jacobin corruption? Heaven-sent deliverer or providential scourge? Even his name was up for grabs: was it Bonaparte or Buonaparte? One need only dip into contemporary sources to realize that the British were obsessed with Napoleon. Stuart Semmel has done a first-rate job combing through those sources and using them to illuminate political culture. (Semmel does not offer the primary quotations I will use here. I offer them for fun, or to pile on with glee, and not at all to reproach …
Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore
Book Review: The Battle For Social Security: From Fdr's Vision To Bush's Gamble, Nancy J. Altman, 40 J. Marshall L. Rev. 909 (2007), Kathryn L. Moore
UIC Law Review
No abstract provided.
Patty Hearst Trial (1976), Douglas O. Linder
Patty Hearst Trial (1976), Douglas O. Linder
Faculty Works
On the evening of February 4, 1974, three armed members of a group calling itself the Symbionese Liberation Army (SLA) burst into the Berkeley, California apartment shared by Patty Hearst and her fiancé, Steven Weed. Hearst, the daughter of Randolph Hearst (managing editor of the San Francisco Examiner) and the granddaughter of the legendary William Randolph Hearst, screamed when the men assaulting Weed with a wine bottle. The SLA members carried Hearst, clothed in a nightgown, out of her apartment and forced her into the trunk of a white car. Hearst's abductors fired a round of bullets as they sped …
The Amistad Case, Douglas O. Linder
The Amistad Case, Douglas O. Linder
Faculty Works
The improbable voyage of the schooner Amistad and the court proceedings and diplomatic maneuverings that resulted from that voyage form one of the most significant stories of the nineteenth century. When Steven Spielberg chose the Amistad case as the subject of his 1997 feature film, he finally brought it the attention the case had long deserved, but never received. The Amistad case energized the fledgling abolitionist movement and intensified conflict over slavery, prompted a former President to go before the Supreme Court and condemn the policies of a present Administration, soured diplomatic relations between the United States and Spain for …
The Leopold And Loeb Trial: A Brief Account, Douglas O. Linder
The Leopold And Loeb Trial: A Brief Account, Douglas O. Linder
Faculty Works
Few trial transcripts are as likely to bring tears to the eyes as that of the 1924 murder trial of Richard Loeb and Nathan Leopold. Decades after Clarence Darrow delivered his twelve-hour long plea to save his young clients' lives, his moving summation stands as the most eloquent attack on the death penalty ever delivered in an American courtroom. Mixing poetry and prose, science and emotion, a world-weary cynicism and a dedication to his cause, hatred of bloodlust and love of man, Darrow takes his audience on an oratorical ride that would be unimaginable in a criminal trial today. Even …
The Leonard Peltier Trial, Douglas O. Linder
The Leonard Peltier Trial, Douglas O. Linder
Faculty Works
The American Indian Movement (AIM) was founded in Minnesota in 1968 to promote traditional Native American culture and instill pride in the Native American community. AIM's targets included both the federal government, with whom it had a long list of grievances (especially focused on its record of many broken treaties) and progressive Indians, who they believed undermined native traditions and solidarity. In February 1973, AIM instigated a seventy-one day takeover of the site of a famous 1890 massacre at Wounded Knee, South Dakota. The massacre had resulted in the deaths - at the hands of the United States Calvary - …
The Haymarket Riot And Subsequent Trial: An Account, Douglas O. Linder
The Haymarket Riot And Subsequent Trial: An Account, Douglas O. Linder
Faculty Works
When an anarchist - whose identity remains a mystery even today - tossed a homemade bomb into a great company of Chicago police at 10:20 P.M. on the night of May 4, 1886, he could not have appreciated the far reaching consequences his reckless action would have. His bomb, thrown in a light drizzle as the last speaker at a labor rally climbed down from the speaker's wagon, set off a frenzy of fire from police pistols that would leave eight officers and an unknown number of civilians dead, and scores more injured. It led to the nation's first Red …
The Chicago Eight Conspiracy Trial, Douglas O. Linder
The Chicago Eight Conspiracy Trial, Douglas O. Linder
Faculty Works
What did it all mean? Was the Chicago Seven Trial merely, as one commentator suggested, a monumental non-event? Was it, as others argue, an important battle for the hearts and minds of the American people? Or is it best seen as a symbol of the conflicts of values that characterized the late sixties? These are some of the questions that surround one of the most unusual courtroom spectacles in American history, the 1969-70 trial of seven radicals accused of conspiring to incite a riot at the 1968 Democratic National Convention in Chicago. Culturally and politically, 1968 was one of the …
The Earp-Holliday Trial: An Account, Douglas O. Linder
The Earp-Holliday Trial: An Account, Douglas O. Linder
Faculty Works
The Old West's most famous gunbattle lasted all of about thirty seconds, but it left three men dead, three other men shot, and enough questions to occupy historians for more than a century. The gunfight also led to criminal charges being filed against the three Earp brothers (Wyatt, Virgil, and Morgan) and Doc Holliday who, near the O. K. Corral on October 26, 1881, decided to enforce the law against four notorious cowboys. The hearing that followed the shoot-out considered the question of whether the Earps and Hollidays killed out of a justifiable fear for their own lives or simply …
The Mississippi Burning Trial (U. S. Vs. Price Et Al.), Douglas O. Linder
The Mississippi Burning Trial (U. S. Vs. Price Et Al.), Douglas O. Linder
Faculty Works
It was an old-fashioned lynching, carried out with the help of county officials, that came to symbolize hardcore resistance to integration. Dead were three civil rights workers, Michael Schwerner, Andrew Goodman, and James Chaney. All three shot in the dark of night on a lonely road in Neshoba County, Mississippi. Many people predicted such a tragedy when the Mississippi Summer Project, an effort that would bring hundreds of college-age volunteers to the most totalitarian state in the country was announced in April, 1964. The FBI's all-out search for the conspirators who killed the three young men, depicted in the movie …
The Nuremberg Trials, Douglas O. Linder
The Nuremberg Trials, Douglas O. Linder
Faculty Works
No trial provides a better basis for understanding the nature and causes of evil than do the Nuremberg trials from 1945 to 1949. Those who come to the trials expecting to find sadistic monsters are generally disappointed. What is shocking about Nuremberg is the ordinariness of the defendants: men who may be good fathers, kind to animals, even unassuming - yet who committed unspeakable crimes. Years later, reporting on the trial of Adolf Eichmann, Hannah Arendt wrote of the banality of evil. Like Eichmann, most Nuremberg defendants never aspired to be villains. Rather, they over-identified with an ideological cause and …
The Oklahoma City Bombing And The Trial Of Timothy Mcveigh, Douglas O. Linder
The Oklahoma City Bombing And The Trial Of Timothy Mcveigh, Douglas O. Linder
Faculty Works
A bomb carried in a Ryder truck exploded in front of the Murrah Federal Building in Oklahoma City at 9:02 a.m. on April 19, 1995. The bomb claimed 168 innocent lives. That a homegrown, war-decorated American terrorist named Timothy McVeigh drove and parked the Ryder truck in the handicap zone in front of the Murrah Building there is little doubt. In 1997, a jury convicted McVeigh and sentenced him to death. The federal government, after an investigation involving 2,000 agents, also charged two of McVeigh's army buddies, Michael Fortier and Terry Nichols, with advance knowledge of the bombing and participation …
The Massie (Honor Killing) Trials 1931-32, Douglas O. Linder
The Massie (Honor Killing) Trials 1931-32, Douglas O. Linder
Faculty Works
Two dramatic criminal trials, one for rape and one for murder and both involving multiple defendants, forever changed the nature of Hawaiian race relations and politics. Filled with twists and turns and unanswered questions, the trials have all the elements of a good mystery. The second of the so-called Massie Affair trials also closes out the courtroom career of America's greatest defense attorney, Clarence Darrow. No trials ever had a more significant effect on a state's history than those that shocked and shook Hawaii in 1931 and 1932.