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Articles 121 - 150 of 554
Full-Text Articles in Legal History
America's Amoral Constitution, Richard Albert
America's Amoral Constitution, Richard Albert
American University Law Review
The celebrated United States Constitution does not derive its legitimacy from morality. Its legitimacy is rooted in an amoral code structured around the peculiar value of outcome-neutrality. By design, the Constitution does not evaluate whether a lawful choice is morally right or wrong; it evaluates only whether the choice satisfies the procedures the Constitution requires for it to have been made. What matters, then, is not the content of the choice. It is the very act of choosing. These fiercely democratic foundations serve as both the font of the Constitution’s popular legitimacy and more ominously the greatest threat to the …
The Patriation Of Canadian Corporate Law, Camden Hutchison
The Patriation Of Canadian Corporate Law, Camden Hutchison
All Faculty Publications
Canadian corporate law belongs within a broader Anglo-American legal tradition, sharing many of the features of other common law jurisdictions, most notably England and the United States. Prior to Confederation, Canadian corporate law first emerged from nineteenth-century English legislation and continued to resemble English law – at least superficially – well into the twentieth century. Legislation is only one source of corporate law, however. Just as important is the creation of legal rules through the common law adjudicatory process. Thus, examining case law raises an important empirical question distinct from, though relevant to, the issue of legislative influence – namely, …
The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris
The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris
St. Mary's Law Journal
Abstract forthcoming
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Singapore Company Law And The Economy: Reciprocal Influence Over 50 Years, Vincent Ooi, Cheng Han Tan
Research Collection Yong Pung How School Of Law
A strong reciprocal relationship has existed between Singapore Company Law (SCL) and the economy since Independence in 1965. Swift Parliamentary responses to economic events and successful implementation of Government policies has made it possible to clearly attribute cause and effect to statutory amendments and economic events in turn, proving the reciprocal relationship between the two. The first theme of this article seeks to explain the fundamental characteristics of SCL that have resulted in such an unusually strong reciprocal relationship: (1) Autochthonous nature of SCL; (2) Responsive nature of legislation; and (3) Government control at multiple levels of implementation. The second …
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faithful Execution And Article Ii, Andrew Kent, Ethan J. Leib, Jed Handelsman Shugerman
Faculty Scholarship
Article II of the U.S. Constitution twice imposes a duty of faithful execution on the President, who must "take Care that the Laws be faithfully executed" and take an oath or affirmation to 'faithfully execute the Office of President." These Faithful Execution Clauses are cited often, but their background and original meaning have never been fully explored. Courts, the executive branch, and many scholars rely on one or both clauses as support for expansive views of presidential power, for example, to go beyond standing law to defend the nation in emergencies; to withhold documents from Congress or the courts; or …
Commencements Over The Years, Pamela G. Smith
Commencements Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Issa Tanimura, Pamela G. Smith
Issa Tanimura, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …
Why Didn't The Common Law Follow The Flag?, Christian R. Burset
Why Didn't The Common Law Follow The Flag?, Christian R. Burset
Journal Articles
This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British …
Another Look At Students Studying Over The Years, Pamela G. Smith
Another Look At Students Studying Over The Years, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Ending The Civil War And Consequences For Congress, Paul Finkelman, Donald R. Kennon
Ending The Civil War And Consequences For Congress, Paul Finkelman, Donald R. Kennon
Ohio University Press Open Access Books
The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century.
In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth …
Lewis Katz Hall Dedication, Pamela G. Smith
Lewis Katz Hall Dedication, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Kegs In The Curtilage, Pamela G. Smith
Kegs In The Curtilage, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Alfred Nevin, The Law School's First Student, Pamela G. Smith
Alfred Nevin, The Law School's First Student, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
April 1, 1834, Pamela G. Smith
April 1, 1834, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Curtilage, Pamela G. Smith
The Curtilage, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Woolsack Honor Society, Pamela G. Smith
Woolsack Honor Society, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
The Honorable Sylvia H. Rambo, Pamela G. Smith
The Honorable Sylvia H. Rambo, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law's First Female Students, Pamela G. Smith
Dickinson Law's First Female Students, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Black Law Students Association (Blsa), Pamela G. Smith
Black Law Students Association (Blsa), Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law: Articles Of Incorporation, Pamela G. Smith
Dickinson Law: Articles Of Incorporation, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dale And Mary Ann Shugart, Pamela G. Smith
Dale And Mary Ann Shugart, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Clarence Muse, Pamela G. Smith
Clarence Muse, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Dickinson Law Review, Pamela G. Smith
Dickinson Law Review, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
John Reed's Advertisement, Pamela G. Smith
John Reed's Advertisement, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
John Reed: Dickinson Law's Founder, Pamela G. Smith
John Reed: Dickinson Law's Founder, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith
Burton R. Laub: Dickinson Law's Fourth Dean, Pamela G. Smith
Perspectives on Law School History
No abstract provided.
Property And Equity In Trademark Law, Mark P. Mckenna
Property And Equity In Trademark Law, Mark P. Mckenna
Marquette Intellectual Property Law Review
This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.
I have written a lot about this narrative over the course of my career—I think it is overly simplistic, and in some ways, wrong. Trademark law has al-ways protected marks as …
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Fallen Woman (Re) Frame: Judge Jean Hortense Norris, New York City - 1912-1955, Mae C. Quinn
Journal Articles
No abstract provided.
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Faculty Articles
No abstract provided.