Legal History Commons^™

Representing Interdisciplinarity, Kunal Parker

Articles

No abstract provided.

Legal Pluralism And Empires 1500-1850 (Book Review), Kunal Parker

Articles

No abstract provided.

A War For Liberty: On The Law Of Conscientious Objection, Jeremy K. Kessler

Faculty Scholarship

One common understanding of the Second World War is that it was a contest between liberty and tyranny. For many at the time – and for still more today – ‘liberty’ meant the rule of law: government constrained by principle, procedure, and most of all, individual rights. For those states that claimed to represent this rule-of-law tradition, total war presented enormous challenges, even outright contradictions. How would these states manage to square the governmental imperatives of military emergency with the legal protections and procedures essential to preserving the ancient ‘liberty of the subject’? This question could be and was asked …

Apellate Division, Third Department, People V. Kelley, Elyssa Lane

Touro Law Review

No abstract provided.

Lawrence V. Texas: The Decision And Its Implications For The Future, Martin A. Schwartz

Touro Law Review

No abstract provided.

Book Review: Studies In Roman Law In Memory Of A. Arthur Schiller, Leiden, E.J. Brill, 1986. By Roger S. Bagnall And William V. Harris. Leiden, Netherlands: E.J. Brill Co., 1986., Richard J. Cummins

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Stalking Phaedrus: International Legal Structures. David Kennedy. Baden-Baden: Nomos Verlagsgesellschaft, 1987. Pp. 294. 69,-Dm., David J. Bederman

Georgia Journal of International & Comparative Law

No abstract provided.

The Legacy Of Ronald Dworkin (1931-2013): A Legal Theory And Methodology For Hedgehogs, Hercules, And One Right Answers, Imer Flores

Georgetown Law Faculty Publications and Other Works

In this paper the author addresses Ronald Dworkin’s work and assesses his legacy to legal, moral and political philosophy. And so, considers among its merits having developed an original legal theory with its distinctive methodology, which not only has transcended the Natural Law and Legal Positivism dichotomy, but also has reintegrated law into a branch of political morality and defended as a corollary the one right answer thesis. Hence, commences by identifying the dworkininan challenge; continues by introducing some basic definitions and distinctions between jurisprudence, legal philosophy (or philosophy of law) and legal theory (or theory of law), on the …

The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price

Legal History Publications

After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …

Livingston & Gilchrist V. The Maryland Insurance Co. (1813): A Testament To Judicial Flexibility, Kathleen Lord Fallon

Legal History Publications

Barely a month before Justice Brockholst Livingston joined the Supreme Court of the United States, a ship he commissioned with a cargo of $50,000, was captured by the British and condemned. The circumstances of the vessel’s voyage led to its capture; she sailed as an American merchant ship under a Spanish license with an American crew. When seized as a prize, the British found papers showing conflicting information concealed amongst the crew belongings. Justice Livingston tried to recoup his losses through an insurance policy with the Maryland Insurance Company, but was denied on the grounds that the voyage had been …

50 Years Of Legal Education In Ethiopia: A Memoir, Stanley Z. Fisher

Faculty Scholarship

In this paper I describe my experience as one of the early members of the Haile Selassie I University (H.S.I.U.), Law Faculty, and share my reflections on developments in the ensuing years.

Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Panel I-- General Discussion, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab

Georgia Journal of International & Comparative Law

No abstract provided.

Closing The Doors To Justice: A Critique Of Pimentel V. Dreyfus And The Application Of Legal Formalism To The Elimination Of Food Assistance Benefits For Legal Immigrants, Hannah Zommick

Seattle University Law Review

This Comment contends that the Ninth Circuit’s opinion in Pimentel v. Dreyfus employed a legal formalist approach and that by applying this framework, the court prevented legal immigrants, who were caught between the strict eligibility restrictions of welfare reform, from asserting their rights through the justice system. The legal formalist approach “treats the law as a set of scientific formulae or principles that are derived from the study of case law. These principles create an internal analytical framework which, when applied to a set of facts, leads the decision maker, through logical deduction, to the correct outcome in a case.” …

The Incredible Wrongness Of The Warren Report - The Official Inquiry Into The Assassination Of Jfk Is Deeply Flawed, Donald E. Wilkes Jr.

Popular Media

This article will explain why a reevaluation of the Report in light of the new information requires rejection of other key aspects of the Report.

Constitution Making In The Countries Of Former Soviet Dominance: Current Development, Rett R. Ludwikowski

Georgia Journal of International & Comparative Law

No abstract provided.

Discredited: The Warren Report 50 Years Later, Donald E. Wilkes Jr.

Popular Media

In the half-century since the Warren Report, a vast mass of additional evidence and new information relating to the assassination has emerged. There have been reinvestigations by Congress. Hundreds of thousands of pages of government documents have been declassified. Responsible private researchers, including academic scholars from major universities, have undertaken their own studies and published authoritative books and articles calling into question the accuracy of the Warren Report. The strange, listless behavior of the Warren Commission itself has been amply documented.

We must, after 50 years, face the hair-raising, inescapable truth: The critics who warned us about the Warren Report …

Know Thyself: Man The Measure - Implumes Aves Volitant. A Review Of Donald R. Kelley, The Human Measure: Social Thought In The Western Legal Tradition (Harvard University Press, Cambridge, Mass.: London, 1990), Pp. Xiv + 358. $35., Alan Watson

Georgia Journal of International & Comparative Law

No abstract provided.

The Frame Of Reference And Other Problems, Richard D. Friedman, Jeffrey L. Fisher

Michigan Law Review First Impressions

George argues that, centuries ago, jurists did not distinguish between testimonial and nontestimonial hearsay, and so the distinction cannot be a historically well-grounded basis for modern confrontation doctrine. The argument proceeds from an inaccurate frame of reference. When the confrontation right developed, principally in the sixteenth and seventeenth centuries, and English defendants—Raleigh among them—demanded that adverse witnesses be brought face to face with them, they were making a procedural assertion as to how witnesses must give their testimony. (Giving testimony is what witnesses in litigation do.) Rarely did they phrase this claim in terms of hearsay, for the simple reason …

Come Back To The Boat, Justice Breyer!, Richard D. Friedman

Michigan Law Review First Impressions

I want to get Justice Breyer back on the right side of Confrontation Clause issues. In 1999, in Lilly v. Virginia, he wrote a farsighted concurrence, making him one of the first members of the Supreme Court to recognize the inadequacy of the then-prevailing doctrine of the Confrontation Clause. That doctrine, first announced in Ohio v. Roberts, was dependent on hearsay law and made judicial assessments of reliability determinative. In Crawford v. Washington, the Court was presented with an alternative approach, making the key inquiry whether the statement in question was testimonial in nature. During the oral …

Calling Them As He Sees Them: The Disappearance Of Originalism In Justice Thomas's Opinions On Race, Joel K. Goldstein

Maryland Law Review

During his first two decades on the Court, Justice Clarence Thomas has been associated with originalism and is often viewed as its leading judicial proponent. Justice Thomas has linked originalism with the effort to limit judicial discretion and to promote judicial impartiality. In cases dealing with many constitutional provisions, Justice Thomas has shown his commitment to originalism by often writing solitary concurrences and dissents advocating an originalist analysis of a problem. Yet in constitutional cases dealing with race, Justice Thomas routinely abandons originalism and embraces the sort of constitutional arguments based on morality or consequentialism that he often discounts. These …

Originalism Talk: A Legal History, Mary Ziegler

BYU Law Review

Progressives have long recognized the tremendous political appeal of originalism. For many scholars, originalism appears to have succeeded because it achieves results consistent with conservative values but promises judicial neutrality to the public. By drawing on new historical research on anti-abortion constitutionalism, this Article argues for a radically different understanding of the originalist ascendancy. Contrary to what we often think, conservative social movements at times made significant sacrifices in joining an originalist coalition. These costs were built in to what this Article calls originalism talk—the use of arguments, terms, and objectives associated with conservative originalism.

Scholars have documented the costs …

Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell

Georgia Journal of International & Comparative Law

No abstract provided.

The Quebec Independence Vote And Its Implications For English Language Legislation, Deborah E. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.

Law In Ancient Egyptian Fiction, Russ Versteeg

Georgia Journal of International & Comparative Law

No abstract provided.

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.

Sources Of International Law, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.

The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd

Georgia Journal of International & Comparative Law

No abstract provided.

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.