Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons™

Open Access. Powered by Scholars. Published by Universities.®

History

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 601 - 630 of 669

Full-Text Articles in Legal History

Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr. Mar 1968

Article V: The Comatose Article Of Our Living Constitution?, Robert G. Dixon Jr.

Michigan Law Review

Capacity for steady--even startling-development and relative incapacity for formal change, are twin features of American constitutionalism often noticed but seldom analyzed conjointly. Even the most stalwart supporters of the status quo do not want an unamendable Constitution, but disagreement as to how change should be effected, and the scope of it, runs deep. Indeed, this is the central problem of Marbury v. Madison. That case was the effective innovator of judicial review, our "real" system for developmental constitutionalism. Interestingly, it also was one of the quite rare instances when a seemingly simple constitutional text was at issue (scope of Supreme …


The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy Jan 1968

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …


Emerson: Political And Civil Rights In The United States, T. A. Smedley Nov 1967

Emerson: Political And Civil Rights In The United States, T. A. Smedley

Michigan Law Review

A Review of Political and Civil Rights in the United States. 3d ed. 2 vols. by Thomas I. Emerson, David Haber, and Norman Dorsen


Present Frontiers In Constitutional Law, William T. Coleman Jr. Jan 1967

Present Frontiers In Constitutional Law, William T. Coleman Jr.

Villanova Law Review (1956 - )

No abstract provided.


Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler Jan 1967

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review (1956 - )

No abstract provided.


In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh Jan 1967

In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh

Villanova Law Review (1956 - )

No abstract provided.


Law Enforcement States Its Views, John Edgar Hoover Jan 1967

Law Enforcement States Its Views, John Edgar Hoover

Villanova Law Review (1956 - )

No abstract provided.


Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin Jan 1967

Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin

Villanova Law Review (1956 - )

No abstract provided.


Judicial Decision Making And Computers, Allen Harris Jan 1967

Judicial Decision Making And Computers, Allen Harris

Villanova Law Review (1956 - )

No abstract provided.


Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow Jan 1967

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …


Film Censorship: The American And British Experience, Robert J. Klein Jan 1967

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.


The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison Jan 1967

The Anomalous Position Of The Insurance Agent - An Invitation To Schizophrenia, Robert M. Morrison

Villanova Law Review (1956 - )

No abstract provided.


Proof By Confession, O. John Rogge Jan 1966

Proof By Confession, O. John Rogge

Villanova Law Review (1956 - )

No abstract provided.


Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney Jan 1966

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review (1956 - )

No abstract provided.


The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz Jan 1966

The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz

Villanova Law Review (1956 - )

No abstract provided.


Part I. Final Text On The Nato Agreements On Status B. Agreement On The Status Of The North Atlantic Treaty Organisation, National Representatives And International Staff, Joseph M. Snee Jan 1966

Part I. Final Text On The Nato Agreements On Status B. Agreement On The Status Of The North Atlantic Treaty Organisation, National Representatives And International Staff, Joseph M. Snee

International Law Studies

No abstract provided.


Part Iii. Documents, Joseph M. Snee Jan 1966

Part Iii. Documents, Joseph M. Snee

International Law Studies

No abstract provided.


Introduction, Joseph M. Snee Jan 1966

Introduction, Joseph M. Snee

International Law Studies

No abstract provided.


Part I. Final Text Of The Nato Agreements On Status A. Agreement Between The Parties To The North Atlantic Treaty Regarding The Status Of Their Forces, Joseph M. Snee Jan 1966

Part I. Final Text Of The Nato Agreements On Status A. Agreement Between The Parties To The North Atlantic Treaty Regarding The Status Of Their Forces, Joseph M. Snee

International Law Studies

No abstract provided.


Tables Of Contents, Joseph M. Snee Jan 1966

Tables Of Contents, Joseph M. Snee

International Law Studies

No abstract provided.


Part I. Final Text On The Nato Agreements On Status C. Protocol On The Status Of International Military Headquarters Set Up Pursuant To The North Atlantic Treaty *, Joseph M. Snee Jan 1966

Part I. Final Text On The Nato Agreements On Status C. Protocol On The Status Of International Military Headquarters Set Up Pursuant To The North Atlantic Treaty *, Joseph M. Snee

International Law Studies

No abstract provided.


Holmespun Humor, Edward J. Bander Jan 1965

Holmespun Humor, Edward J. Bander

Villanova Law Review (1956 - )

No abstract provided.


Holmespun Humor, Edward J. Bander Jan 1965

Holmespun Humor, Edward J. Bander

Villanova Law Review (1956 - )

No abstract provided.


Holmespun Humor, Edward J. Bander Jan 1964

Holmespun Humor, Edward J. Bander

Villanova Law Review (1956 - )

No abstract provided.


British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown Jan 1964

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …


Legal Idealism And Constitutional Law, James A. Gardner Jan 1964

Legal Idealism And Constitutional Law, James A. Gardner

Villanova Law Review (1956 - )

No abstract provided.


Lemuel Shaw: America's Greatest Magistrate, Leonard W. Levy Jan 1962

Lemuel Shaw: America's Greatest Magistrate, Leonard W. Levy

Villanova Law Review (1956 - )

No abstract provided.


Law And History, C. J. Friedrich Oct 1961

Law And History, C. J. Friedrich

Vanderbilt Law Review

Law is frozen history. In an elementary sense, everything we study when we study law is the report of an event in history, and all history consists of such records or reports. It therefore cannot be my task to develop a sermon on the importance of historical records for the understanding of the law; the tie is too intimate and too obvious to need laboring." The work of Professor Maine on 'Ancient Law,'" wrote Professor T. W. Dwight in his Introduction to that book in the sixties of the last century, "is almost the only one in the English language …


United States Foreign Trade: Past, Present And Future, Stanley D. Metzger Jan 1961

United States Foreign Trade: Past, Present And Future, Stanley D. Metzger

Villanova Law Review (1956 - )

No abstract provided.


The Dred Scott Case And Judicial Statesmanship, Edward J. Bander Jan 1961

The Dred Scott Case And Judicial Statesmanship, Edward J. Bander

Villanova Law Review (1956 - )

No abstract provided.