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Articles 91 - 120 of 241
Full-Text Articles in Legal History
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Ideas, Interests And Institutions And The History Of Canadian Bankruptcy Law 1867-1880, Thomas G. W. Telfer
Law Publications
Michael Trebilcock's scholarship has long recognized the importance of ideas, interests, and institutions in shaping policy. Taking the same analytical approach that Michael Trebilcock and Ninette Kelley use in their ground-breaking book on the history of Canadian immigration, which focuses on economic interests, contested ideas, and institutions, this article examines the Canadian historical experience to gain an understanding of the ideas, interests, and institutions that have been influential in shaping the evolution of Canadian bankruptcy law. Specifically, the article addresses the rise of Canadian bankruptcy legislation in the early post-Confederation period and its ultimate repeal in 1880. Bankruptcy law represented …
Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld
Philip Hamburger's Law And Judicial Duty: The Origins Of Judicial Review, Robert J. Steinfeld
Book Reviews
No abstract provided.
See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George
Seattle University Law Review
Much corporate legal scholarship considers such fact patterns as beyond the scope of the discipline’s core concerns. Yet, increasingly, questions are asked concerning the scale and scope of modern corporate power. This Article will challenge the conventional understanding of what the core discipline of corporate law should encompass and argues that the failure to focus on precisely these sorts of factual scenarios involving allegations of corporate complicity in human rights violations and environmental degradation is misguided and short-sighted.
Neo-Brandeisianism And The New Deal: Adolf A. Berle, Jr., William O. Douglas, And The Problem Of Corporate Finance In The 1930s, Jessica Wang
Seattle University Law Review
This essay revisits Adolf A. Berle, Jr. and The Modern Corporation and Private Property by focusing on the triangle of Berle, Louis D. Brandeis, and William O. Douglas in order to examine some of the underlying assumptions about law, economics, and the nature of modern society behind securities regulation and corporate finance in the 1930s. I explore Douglas and Berle’s academic and political relationship, the conceptual underpinnings of Brandeis, Berle, and Douglas’s critiques of modern finance, and the ways in which the two younger men—Berle and Douglas—ultimately departed from their role model, Brandeis.
Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig
Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig
UIC Law Review
No abstract provided.
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
East Going West?: The Promise Of Assured Supply Laws In Modern Real Estate Development, 43 J. Marshall L. Rev. 319 (2010), Lincoln L. Davies
UIC Law Review
No abstract provided.
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
Burnham, Water, And The Plan Of Chicago: A Historical Explanation Of Why Water Was Ignored And The Consequences Of Ignoring Water, 43 J. Marshall L. Rev. 413 (2010), Virginia M. Harding
UIC Law Review
No abstract provided.
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
Victor's Justice: Selecting "Situations" At The International Criminal Court, 43 J. Marshall L. Rev. 535 (2010), William A. Schabas
UIC Law Review
No abstract provided.
The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman
The Nuremberg Tribunal V. The Tokyo Tribunal: Designs, Staffs, And Operations, 43 J. Marshall L. Rev. 753 (2010), Zachary D. Kaufman
UIC Law Review
No abstract provided.
Forgotten Namesake: The Illinois Good Samaritan Act's Inexcusable Failure To Provide Immunity To Non-Medical Rescuers, 43 J. Marshall L. Rev. 1097 (2010), David Weldon
UIC Law Review
No abstract provided.
Shari'ah And Choice: What The United States Should Learn From Islamic Law About The Role Of Victims' Families In Death Penalty Cases, 44 J. Marshall L. Rev. 1 (2010), Susan C. Hascall
UIC Law Review
No abstract provided.
The Vanity Of Dogmatizing, Marc O. Degirolami
The Vanity Of Dogmatizing, Marc O. Degirolami
Scholarly Articles
The year 1661 saw the publication of Joseph Glanvill's The Vanity of Dogmatizing, a polemic advocating an intellectual break from Aristotle and the Schoolmen in favor of the sort of empiricism that eventually came to fruition in the philosophy of David Hume. Glanvill was deeply irritated by what he perceived as the encrusted academic orthodoxies of his age: "The Disease of our Intellectuals," he railed, "is too great, not to be its own [evidence]: And they that feel it not, are not less sick, but stupidly so.' What was needed was a skeptical cast of mind- thinkers who would shatter …
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers
Faculty Scholarship
No abstract provided.
The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli
The Rhetoric Of Catharsis And Change: Law School Autobiography As A Nonfiction Law And Literature Subgenre, Carlo A. Pedrioli
Faculty Scholarship
To date, little scholarship, if any, has addressed the autobiographies of law students, which have appeared in law review articles and books since at least the late 1970s. This shortcoming of law and literature scholarship in the nonfiction genre of autobiography is problematic. In the interest of understanding diverse perspectives in the legal community, legal scholars with autobiographical interests ought to give attention to the autobiographies of different individuals in this community, including the law students who will be the future members of the profession. Also, this shortcoming leaves a gap in the narrative discourse of the law since lawyers …
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Implications Of The Copenhagen Accord For Global Climate Change, David Hunter
Implications Of The Copenhagen Accord For Global Climate Change, David Hunter
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner
The California Public Defender: Its Origins, Evolution And Decline, Laurence A. Benner
Faculty Scholarship
No abstract provided.
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Beyond The Binary: What Can Feminists Learn From Intersex Transgender Jurisprudence, Julie Greenberg, Marybeth Herald, Mark Strasser
Michigan Journal of Gender & Law
Our panel will be discussing recent developments in the intersex and transsexual communities. The transsexual community began to organize in the 1970s, but did not fully develop into a vibrant movement until the 1990s. The intersex movement was born in the mid-1990s and has rapidly developed a strong and influential voice. Recently, both movements have undergone profound changes and each has provided new and unique theoretical perspectives that can potentially benefit other social justice groups. The purpose of our dialogue today is to describe these developments and explore how feminists could potentially benefit from the theoretical frameworks that are being …
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Seattle University Law Review
On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”
Opening Remarks, Chancellor William B. Chandler Iii
Opening Remarks, Chancellor William B. Chandler Iii
Seattle University Law Review
Law is, in many ways, a backwards-looking field. We litigate over facts that have already occurred, challenge deals that have already been signed, and apply rules of decision based on previously-established precedent or statutes already enacted. To the extent that this Center and the symposium reflect on Berle’s work, they too are an exercise in looking back. Indeed, some might say the establishment of a Center named in Berle’s honor is a monument to the past.
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Seattle University Law Review
Adolf Berle and Gardiner Means painted what remains a defining portrait of corporate law. The separation of ownership and control they described and the agency costs it causes are still a central concern of the law of corporate governance. For that reason, Berle’s work is relevant nearly eighty years after its publication. Seemingly forgotten, however, is that Berle’s enduring description of the corporate structure was published before most of today’s corporate law was in place. His work preceded the Securities Act of 1933 and the Securities Exchange Act of 1934 and even preceded the dominance of Delaware common law in …
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Seattle University Law Review
We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.
The New Financial Assets: Separating Ownership From Control, Tamar Frankel
The New Financial Assets: Separating Ownership From Control, Tamar Frankel
Seattle University Law Review
In The Modern Corporation and Private Property, Adolf A. Berle and Gardiner Means wrote about the separation of ownership from control in corporations. They noted that the interests of the controlling directors and managers can diverge from those of the shareholder owners of the firm. . . . There are those who consider such a decoupling beneficial. Others express the same concern that Berle and Means have expressed. And depending on what one focuses on in viewing the pluses and minuses of these separations, one could reach different conclusions. I reach a number of conclusions. First, the separation of …
Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill
Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill
Seattle University Law Review
Shareholders, and the relationship between shareholders and management, lay at the heart of Professor Berle’s scholarship. The goal of this Article is to compare the image of shareholders emerging from The Modern Corporation and Private Property and the Berle/Dodd debate with a range of contemporary visions of the shareholder that underpin some international regulatory responses to recent financial debacles, from Enron to the current global financial crisis. As the Article dis- cusses, these recent developments in the era of financial crises have prompted a reevaluation of the traditional image of the shareholder—and the role of the shareholder in the modern …
Berle And The Entrepreneur, Charles R.T. O'Kelley
Berle And The Entrepreneur, Charles R.T. O'Kelley
Seattle University Law Review
In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …
The Birth Of Corporate Governance, Harwell Wells
The Birth Of Corporate Governance, Harwell Wells
Seattle University Law Review
Part I of this Article briefly examines the concept of “corporate governance” and argues for dating the concept’s origins to the debates of the 1920s. Part II then moves on to examine early scholarly and popular discussions of the separation of ownership and control. After surveying the historical developments that produced the recognizably modern corporate economy around the turn of the century, it examines early scholarly and popular discussions of the separation of ownership and control, focusing on three major thinkers, Louis D. Brandeis, Walter Lippmann, and Thorstein Veblen. It argues that, while each of these authors examined the separation …
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
The Politics Of Nature: Climate Change, Environmental Law, And Democracy, Jedediah Purdy
Faculty Scholarship
Legal scholars’ discussions of climate change assume that the issue is one mainly of engineering incentives, and that “environmental values” are too weak, vague, or both to spur political action to address the emerging crisis. This Article gives reason to believe otherwise. The major natural resource and environmental statutes, from the acts creating national forests and parks to the Clean Air and Clean Water Acts, have emerged from precisely the activity that discussions of climate change neglect: democratic argument over the value of the natural world and its role in competing ideas of citizenship, national purpose, and the role and …
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
In God We Trust: The Judicial Establishment Of American Civil Religion, 43 J. Marshall L. Rev. 869 (2010), James J. Knicely, John W. Whitehead
UIC Law Review
No abstract provided.
Rosalie Of The Poulard Nation: Freedom, Law, And Dignity In The Era Of The Haitian Revolution, Rebecca J. Scott, Jean M. Hébrard
Rosalie Of The Poulard Nation: Freedom, Law, And Dignity In The Era Of The Haitian Revolution, Rebecca J. Scott, Jean M. Hébrard
Book Chapters
On December 4, 1867, the ninth day of the convention to write a new post-Civil War constitution for the state of Louisiana, delegate Edouard Tinchant rose to make a proposal. Under the Congressional Reconstruction Acts of1867, the voters of Louisiana had elected ninety-eight delegates-half of them men of color-to a constitutional convention charged with drafting a founding document with which the state could reenter the Union. Edouard Tinchant was a twentysix- year-old immigrant to New Orleans, principal of a school for freed children on St. Claude Avenue. Having made something of a name for himself as a Union Army veteran …
Expectation Damages The Objective Theory Of Contracts And The Hairy Hand Case A Proposed Modification To The Effect Of Two Classical Contract Law Axioms In Cases Involving Contractual, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.