Legal History Commons^™

Ferlinghetti On Trial: The Howl Court Case And Juvenile Delinquency, Joel E. Black

Journal Articles

In spring 1957 the Juvenile Division of the San Francisco Police Department seized copies of Howl and charged the poem's publisher, Lawrence Felinghetti, with obscenity. Tried in summer 1957 and defended by the American Civil Liberties Union, Ferlinghetti was exonerated by a District Court judge. Scholars typically place the Howl trial at the beginning of a cultural and social revolution that flourished in the 1960s or place it amid the personal lives and rebellions of the actors composing the Beat Generation. However, these treatments do not fully consider the ways the prosecution reflected trends in law, shaped debates over juvenile …

Patents As Promoters Of Competition: The Guild Origins Of Patent Law In The Venetian Republic, Ted Sichelman, Sean O'Connor

San Diego Law Review

[T]his Article describes the artisan and merchant guild systems of the Venetian Republic. Part III explores the emergence of the patent system as a means for foreigners and Venetian citizens to compete with the guilds, as well as the eventual addition of negative exclusive rights to the basic license form of positive patent privileges. In so doing, contrary to the speculation of some scholars, we reject with near certainty the contention that the first patent law statute granting exclusionary rights for—in modern parlance—technological inventions was a silk-specific directive enacted by the Venetian Grand Council in the late fourteenth or early …

A First Amendment Right Of Access To A Juror's Identity: Toward A Fuller Understanding Of The Jury's Deliberative Process , Robert Lloyd Raskopf

Pepperdine Law Review

No abstract provided.

The Offender And The Victim, Edward Tromanhauser

Pepperdine Law Review

No abstract provided.

Crime Victims' Rights -- A Legislative Perspective, William Van Regenmorter

Pepperdine Law Review

No abstract provided.

Emerging Issues In Victim Assistance, Marlene A. Young

Pepperdine Law Review

No abstract provided.

Progress In The Victim Reform Movement: No Longer The "Forgotten Victim", David L. Roland

Pepperdine Law Review

No abstract provided.

The Elevation Of Victims' Rights In Washington State: Constitutional Status, Ken Eikenberry

Pepperdine Law Review

No abstract provided.

Victims' Rights: An Idea Whose Time Has Come--Five Years Later: The Maturing Of An Idea, Frank Carrington, George Nicholson

Pepperdine Law Review

No abstract provided.

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.

The Line-Item Veto: The Best Response When Congress Passes One Spending “Bill” A Year, L. Gordon Crovitz

Pepperdine Law Review

No abstract provided.

Montesquieu's Theory Of Government And The Framing Of The American Constitution , Matthew P. Bergman

Pepperdine Law Review

No abstract provided.

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

Images Of Men In Feminist Legal Theory , Brian Bendig

Pepperdine Law Review

No abstract provided.

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.

Spandrel Or Frankenstein's Monster? The Vices And Virtues Of Retrofitting In American Law, Michael C. Dorf

Cornell Law Faculty Publications

Ancient mythology, literary fiction, and modern science fiction films all recount a similar cautionary tale: human ingenuity gives rise to a powerful invention, but through human fallibility and, in some tellings, venality, the invention becomes a monster and turns on its creators. Perhaps the most famous example is Mary Shelley's Frankenstein, in which Dr. Frankenstein's attempt to fashion a living man from the dead remains of others succeeds, only then to go horribly awry. Such stories are timeless because they warn of the dangers of indelible features of human nature: hubris and short-sightedness. Recent large-scale catastrophes such as the 2010 …

The Borrower's Tale: A History Of Poor Debtors In Lochner Era New York City, Anne Fleming

Georgetown Law Faculty Publications and Other Works

This study adds to the recent scholarship on Progressivism in practice—fine-grained, place-based studies of reform at the local level—but focuses closely on the relationships among reformers, industry, and the law that an earlier generation of historians studied at the national level and outlined in broad brushstrokes. This study also builds upon the creditor-centered work of historians such as Mark H. Haller and John V. Alviti, but moves beyond their reliance upon distinctions and categories, such as those separating profit making credit providers from philanthropic credit providers, which were less important to borrowers than they have been for historians. In focusing …

Statutory Interpretation Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making , R. Randall Kelso

Pepperdine Law Review

No abstract provided.

Proclaiming Emancipation, University Of Michigan Law School, William L. Clements Library, Martha S. Jones

Event Materials

Program for Proclaiming Emancipation, held October 15 2012 - February 18 2013. This was a combination exhibit and symposium. Martha S. Jones and Clayton Lewis were Curators.

As we approach the 150th anniversary of the Emancipation Proclamation, commemorations can be a site for complex and nuanced reflections. They can also sanitize a messy past, making it palatable for popular consumption. Proclaiming Emancipation confronts myths with history. Oftentimes competing voices proclaim that no longer does Proclamation stand as an exceptional moment from the U.S. past. Instead, we understand January 1, 1863 as being situated on a timeline that stretches from …

Interpretation And Construction In Altering Rules, Gregory Klass

Georgetown Law Faculty Publications and Other Works

This essay is a response to Ian Ayres's, "Regulating Opt-Out: An Economic Theory of Altering Rules," 121 Yale L.J. 2032 (2012). Ayres identifies an important question: How does the law decide when parties have opted-out of a contractual default? Unfortunately, his article tells only half of the story about such altering rules. Ayres cares about rules designed to instruct parties on how to get the terms that they want. By focusing on such rules he ignores altering rules designed instead to interpret the nonlegal meaning of the parties' acts or agreement. This limited vision is characteristic of economic approaches to …

Social Construction Of False Necessities And The Material Basis Of Socio-Legal Power: A Reply To Irrationalism In Critical Legal Studies Critiques Identifying Latent Social Violence As A Potential New Material Foundation For Systematic Socio-Legal Theory, Samantha Godwin

Pace Law Review

This Article is deliberately unconventional and exploratory. It begins by raising many conceptually problematic questions which cannot be answered simply or definitively. The point is not to provide any one right answer for these questions but to raise possible directions for new lines of inquiry rather than accepting the theoretical dead end that is irrationalism. I do not necessarily hope to offer a new systemizing theory that can withstand rigorous critique, but rather to show that such attempts remain possible and worthwhile even after the influence of post-modernism and the deconstruction of the most significant social theories.

Changing Public Policy And The Evolution Of Roman Civil And Criminal Law On Gambling, Suzanne B. Faris

UNLV Gaming Law Journal

In Ancient Rome, gambling, at least in the form of dice games, was generally considered a vice, yet the only known criminal statutes prohibiting it were only sporadically and selectively enforced. Otherwise, aside from a legal prohibition on the enforceability of gambling debts and some limited private rights of action, the Roman state as a whole displayed what can only be described as a “laissez faire” policy toward all forms of gambling. What we would now call “sports betting” was exempted from the statutory prohibition altogether. This remained the case well into the Christian period, when a general crackdown might …

Tinkering Around The Edges: The Supreme Court's Death Penalty Jurisprudence, John Bessler

All Faculty Scholarship

This Essay examines America's death penalty forty years after Furman and provides a critique of the Supreme Court's existing Eighth Amendment case law. Part I briefly summarizes how the Court, to date, has approached death sentences, while Part II highlights the incongruous manner in which the Cruel and Unusual Punishments Clause has been read. For instance, Justice Antonin Scalia-one of the Court's most vocal proponents of "originalism" conceded that corporal punishments such as handbranding and public flogging are no longer constitutionally permissible; yet, he (and the Court itself) continues to allow death sentences to be imposed. The American Bar Association …

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Creating Hammer V. Dagenhart, Logan E. Sawyer Iii

Scholarly Works

Hammer v. Dagenhart is among the best known cases in the canon of constitutional law. It struck down the first federal child labor law on the grounds that Congress’s commerce power allowed it to prohibit the interstate shipment of harmful goods, like impure food and drugs, but not harmless goods, like the products of child labor. Withering criticism of the decision spread from Justice Holmes’s famous dissent to law reviews, treatises, casebooks, and constitutional law classes. For nearly a century the decision has been scorned as inconsistent with precedent, incoherent as policy, and driven solely by the Court’s reactionary commitment …

Federal Governmental Power: The Voting Rights Act, Michael C. Dorf

Touro Law Review

No abstract provided.

A Passion For Justice, Charles A. Reich

Touro Law Review

What makes a good judge or justice? The public has a need to know. But simplistic labels, such as "activist," "liberal" and "conservative," are both meaningless and misleading. Perhaps aformer law clerk can offer a different perspective.

I served with David J. Vann as law clerk to Justice Hugo L.Black during the momentous 1953 Term of the Supreme Court. This was the year when Brown v. Board of Education was decided. It was also the year when Chief Justice Vinson died and was replaced by the Governor of California, Earl Warren. And it was also a year in which the …

An Almost-Eyewitness Account - New Evidence About Mary Meyer’S Murder, Donald E. Wilkes Jr.

Popular Media

This article, appearing in the Flagpole on September 12, 2012, is a follow-up to the mysterious murder of Mary Pinchot Meyer. It provides a statement of Harold Libermann who was with Mary Meyer on the date of her murder.

Mr. Justice Brandeis And The Art Of Judicial Dissent, Melvin I. Urofsky

Pepperdine Law Review

No abstract provided.