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Articles 241 - 260 of 260
Full-Text Articles in Legal History
Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie
Judicial Decision Making In A World Of Natural Law And Natural Rights, George C. Christie
Villanova Law Review (1956 - )
No abstract provided.
Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick Mckinley Brennan
Comments On George Christie's "Judicial Decision Making In A World Of Natural Law And Natural Rights", Patrick Mckinley Brennan
Villanova Law Review (1956 - )
No abstract provided.
On Finnis's Way In, Michelle Madden Dempsey
On Finnis's Way In, Michelle Madden Dempsey
Villanova Law Review (1956 - )
No abstract provided.
The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister
The Use And Abuse Of Presumptions: Some Comments On Dempsey And Finnis, Matthew Lister
Villanova Law Review (1956 - )
No abstract provided.
Finnis On Lonergan: A Reflection, Frederick G. Lawrence
Finnis On Lonergan: A Reflection, Frederick G. Lawrence
Villanova Law Review (1956 - )
No abstract provided.
Comment, Richard A. Munkelt
Response, John Finnis
Love And War, Christina D. Ponsa-Kraus
Love And War, Christina D. Ponsa-Kraus
Faculty Scholarship
Legal historians: Find a window to read Rose Cuison Villazor’s “The Other Loving,” published in the NYU Law Review last fall. Although Villazor, Associate Professor of Law at Hofstra, does not identify primarily as a legal historian, she has written more than one historical work well worth a read. An earlier article examined alien land laws in the United States, telling the story of Oyama v. California (1948), which held unconstitutional a provision of California’s Alien Land Law that discriminated against owners of property bought by parents who were ineligible to become U.S. citizens. This more recent article, in …
Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami
Against Theories Of Punishment: The Thought Of Sir James Fitzjames Stephen, Marc O. Degirolami
Scholarly Articles
This paper reflects critically on what is the near-universal contemporary method of conceptualizing the tasks of the scholar of criminal punishment. It does so by the unusual route of considering the thought of Sir James Fitzjames Stephen, a towering figure in English law and political theory, one of its foremost historians of criminal law, and a prominent public intellectual of the late Victorian period. Notwithstanding Stephen's stature, there has as yet been no sustained effort to understand his views of criminal punishment. This article attempts to remedy this deficit. But its aims are not exclusively historical. Indeed, understanding Stephen's ideas …
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell
The Tokyo Trial At Richmond: Digitizing The Sutton Collection Of Documents From The International Military Tribunal For The Far East, Suzanne Corriell
Law Faculty Publications
As an ongoing project, the effort to digitize and present the Sutton Collection is far from complete. Our effort has the potential to become a leading resource for materials relating to the Tokyo trial and, with the help of our faculty partners, to demonstrate relevancy of the trial to current issues in international criminal law and to the development of Japan’s role in modern East Asia. As the project team learns more about the collection, consults with similar projects, and continues to implement innovative applications, processes are constantly updated. The coming year should bring further progress, and we look forward …
Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan
Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan
Law Faculty Publications
Book Review of Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America by Elaine Forman Crane
Legal Medievalism In Lex Mercatoria Scholarship, Ralf Michaels
Legal Medievalism In Lex Mercatoria Scholarship, Ralf Michaels
Faculty Scholarship
This short reaction piece to an article by Emily Kadens asks why a long-refuted story of an alleged uniform medieval lex mercatoria is still being maintained. The answer is that the story serves not as an actual history but instead as a foundation myth. Attempts to falsify the myth with historical data are therefore futile: the myth derives its value not from its truth value but from its symbolic power.
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
On The American Paradox Of Laissez Faire And Mass Incarceration, Bernard E. Harcourt
Faculty Scholarship
In The Illusion of Free Markets (Harvard 2011), Professor Bernard Harcourt analyzes the evolution of a distinctly American paradox: in the country that has done the most to promote the idea of a hands-off government, we run the single largest prison complex in the entire world. Harcourt traces this paradox back to the eighteenth century and demonstrates how the presumption of government incompetence in economic affairs has been coupled with that of government legitimacy in the realm of policing and punishing. Harcourt shows how these linked presumptions have fueled the expansion of the carceral sphere in the nineteenth and twentieth …
The Failed Promise Of A General Theory Of Pure Economic Loss: An Accident Of History?, Anthony J. Sebok
The Failed Promise Of A General Theory Of Pure Economic Loss: An Accident Of History?, Anthony J. Sebok
Articles
The article explores the evolution and challenges of pure economic loss doctrine in American tort law, focusing on the contrasting approaches of Robert Rabin and Gary Schwartz. While Schwartz critiques the feasibility of a general theory due to the diversity of economic injuries, Rabin advocates for a nuanced, fact-specific approach. The article highlights the ad hoc nature of the doctrine, as seen in key cases like JAire Corp. v. Gregory and Aas v. Superior Court, which reflect shifting judicial attitudes toward negligence and liability. It concludes that the failure to establish a coherent principle for determining duty underscores the ongoing …
A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris
A Railway, A City, And The Public Regulation Of Private Property: Cpr V. City Of Vancouver, Douglas C. Harris
All Faculty Publications
The doctrine of regulatory or constructive taking establishes limits on the public regulation of private property in much of the common law world. When public regulation becomes unduly onerous — so as, in effect, to take a property interest from a private owner — the public will be required to compensate the owner for its loss. In 2000, the City of Vancouver passed a by-law that limited the use of a century-old rail line to a public thoroughfare. The Canadian Pacific Railway, which owned the line, claimed the regulation amounted to a taking of its property for which the city …
No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary S. Lawson
No History, No Certainty, No Legitimacy . . . No Problem: Originalism And The Limits Of Legal Theory, Gary S. Lawson
Faculty Scholarship
Professor Martin H. Redish is on the warpath. Like General Sherman marching toward Atlanta (or Justin Tuck marching toward Tom Brady), Professor Redish, together with Matthew Arnould,1 lays waste to every constitutional theory that he encounters. Originalism, with its “belief that constitutional interpretation should be characterized exclusively by an effort to determine the Constitution’s meaning by means of some form of historical inquiry,”2 generates “an often contrived and opaque veil of historical inquiry”3 that provides “an ideal smokescreen behind which judges may pursue their personal[,] moral, political[,] or economic goals with relative impunity.”4 Nontextual theories, for their part, “permit[] selective …
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Devising Law: On The Philosophy Of Legal Emblems, Peter Goodrich
Articles
No abstract provided.
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo
The “Ethical” Surplus Of The War On Illegal Immigration, Francis J. Mootz Iii, Leticia M. Saucedo
Scholarly Works
The Aristotelian philosopher, Gene Garver, suggests that rhetorical claims have an "ethical surplus" that extends beyond the specific claim being advanced at the moment. This follows from the fact that rhetoric includes not only logos, but also pathos and ethos. We adopt the thesis of "ethical surplus," but in a negative context. The "war on illegal immigration" has generated an ethical surplus that leads its promoters beyond the specific claim of securing borders against unlawful entry. After demonstrating that there is an express rhetoric of "war" used in connection with Arizona's adoption of recent anti-immigrant legislation, we explore …
American Legal History Survey: Syllabus, Anders Walker
American Legal History Survey: Syllabus, Anders Walker
All Faculty Scholarship
This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.