Legal History Commons^™

Law Book Catalog Of Patrick Byrne, Philadelphia Bookseller, 1802, Joel Fishman

Law Faculty Publications

Professor Erwin Surrency laments the fact that "all too few of [the law book dealers] have been preserved."¹ One of the least known law booksellers of the early Republic era was Patrick Byrne. This short article provides basic biographical information and a review of his first law book catalog, one of the earliest law book catalogs published in the first years of the nineteenth century.

The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser

Publications

No abstract provided.

Law And Regime Change: The Common Law, Knowledge Regimes, And Democracy Between The Nineteenth And Twentieth Centuries, Kunal Parker

Articles

Using a change in knowledge regime as a paradigm of regime change, this paper explores the career of common law thinking in the United States between the nineteenth and twentieth centuries. It shows how, under the pressures of anti-foundational thinking, knowledge moved from a nineteenth-century regime of “knowledge that,” a regime of foundational knowledge, to an early-twentieth-century regime of “knowledge how,” a regime of anti-foundational knowledge concerned with the procedures, processes, and protocols of arriving at knowledge. It then shows how common law thinkers adapted to this change in knowledge regimes, transforming the common law from a body of substantive …

Patent Eligibility And Physicality In The Early History Of Patent Law And Practice, Ben Mceniery

University of Arkansas at Little Rock Law Review

No abstract provided.

Utopia And The Law And Literature Movement, Michael P. Malloy

University of the Pacific Law Review

No abstract provided.

St. Thomas More & Antebellum American Law And Lawyers, M.H. Hoeflich

University of the Pacific Law Review

No abstract provided.

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

UF Law Faculty Publications

Legal intellectual history, I suggest in this Paper, is the street sweeper in the parade of law’s history and its use of history. Lawyers and legal academics want great, important figures, cases, and theories with and against which they can do battle. The student-edited law reviews prefer bold, clear claims that explain why one answer to an historical question presented will bring justice, while a competing answer is manifestly unjust; why one past approach lacks principle or created worse consequences; or how one theory or another can explain all manner of thorny legal issues which bedevils academics and practitioners. Viewing …

What Is "Colonial" About Colonial Laws?, Arudra Barra

American University International Law Review

No abstract provided.

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.

What Notice Did, Jessica D. Litman

Articles

In the twenty-first century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in the …

Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

In this article, the authors identify current trends in promoting supported decision-making as an alternative to guardianship for people with disabilities. Support for supported decision-making (SDM) and other reforms to guardianship can be found in international conventions and declarations (notably, Article 12 of the CRPD); Concluding Observations and General Comment No. 1 issued by the UN Committee on the Rights of Persons with Disabilities; and in various countries (or states/provinces/localities within those countries), including the United States, where developments in state legislation, state court cases (including the Jenny Hatch case, in which one of the co-authors was counsel and another …

From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay

Articles & Book Chapters

No abstract provided.

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …

Wächter, Carl Georg Von, Ralf Michaels

Faculty Scholarship

Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Faculty Scholarship

No abstract provided.

On The Whittington United Nations Archive, Gail Partin, William Butler

Faculty Scholarly Works

On 14 October 1986 Mrs. Louise L. Whittington, the widow of William Vallie Whittington (1904–1986), wrote to inform the Dickinson School of Law that her husband recently had passed away and that she wished to give to the Library of the Law School a leather bound facsimile copy of the United Nations Charter and certain documents related to the surrender of Germany in the Second World War and the creation of the United Nations. Arrangements were completed in Spring 1987 for the transfer of the materials. These remain a significant treasure and important legacy for the development of international law …

Gendered Law In American History (2016), Richard Chused, Wendy Williams

Books

Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new teaching …

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

Buffalo Law Review

No abstract provided.

Textiles: Popular Culture And The Law, Laura F. Edwards

Buffalo Law Review

No abstract provided.

The Creation Of The Common Law: The Medieval Year Books Deciphered. By Thomas Lund. [Book Review], Dana Neacsu

Law Faculty Publications

In The Creation of the Common Law: The Medieval Year Books Deciphered, Thomas Lund delivers what he promises, and more. Written for the sophisticated student of law and history, this book explores how common law was created and taught to new generations of lawyers. In doing so, Lund achieves a feat few have ever done; he exposes law as a construct of the upper classes that is used to ensure order according to ever changing interests.

The Declaration Of Independence And Constitutional Interpretation, Alexander Tsesis

Faculty Publications & Other Works

This Article argues that the Reconstruction Amendments incorporated the human dignity values of the Declaration of Independence. The original Constitution contained clauses, which protected the institution of slavery, that were irreconcilable with the normative commitments the nation had undertaken at independence. The Thirteenth, Fourteenth, and Fifteenth Amendments set the country aright by formally incorporating the Declaration of Independence's principles for representative governance into the Constitution.

The Declaration of Independence provides valuable insights into matters of human dignity, privacy, and self-government. Its statements about human rights, equality, and popular sovereignty establish a foundational rule of interpretation. While the Supreme Court has …

The Declaration Of Independence As Introduction To The Constitution, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.

Transgressions Of A Timid Judiciary: Our Highest Court's Refusal To Overturn Abood V. Board Of Education—Harris V. Quinn, Joe E. Ling

Mitchell Hamline Law Review

No abstract provided.

The Rule Of Unanimity's Circuit Splitting Effect: The Problem With Consent—Griffioen V. Cedar Rapids & Iowa City Railway Co., Aaron P. Meland

Mitchell Hamline Law Review

No abstract provided.

Animal Farm: The E.U.'S Move Towards Progress And The U.S.'S Slide Towards Dystopia In Farm Animal Welfare, Dorothy Sluszka

Cardozo Journal of International and Comparative Law

The note argues that the United States lags behind European countries in protecting animals used in agriculture, with inadequate regulations endangering public health and ignoring voter concerns. It advocates for the repeal of "ag-gag" laws and antitrust enforcement to dismantle the meat industry's monopoly, aligning with public policy and improving animal welfare standards.