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Articles 4231 - 4260 of 10050
Full-Text Articles in Legal History
Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford
Jurisdiction Without Territory: From The Holy Roman Empire To The Responsibility To Protect, Anne Orford
Michigan Journal of International Law
This Essay focuses upon one contemporary manifestation of that ongoing battle over the relationship between jurisdiction and control over territory-the emergence and institutionalization of the "responsibility to protect" concept. The idea that States and the international community have a responsibility to protect populations has shaped internationalist debates about conflict prevention, the use of force, and international administration since its development by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. The responsibility to protect concept is premised on the notion, to quote former Secretary- General Kofi Annan, that "the primary raison d'être and duty" of every State is …
The Law Librarian Of The Twentieth And Twenty-First Centuries: A Figuration In Flux, Theodora Belniak
The Law Librarian Of The Twentieth And Twenty-First Centuries: A Figuration In Flux, Theodora Belniak
Law Librarian Journal Articles
Through inspection of scholarly writings of the twentieth and twenty-first centuries, Ms. Belniak articulates the skill sets, knowledge areas, and personality characteristics of the archetypal law librarian over the last one hundred years.
The Nobel Effect, Roger P. Alford
The Nobel Effect, Roger P. Alford
Journal Articles
For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or "norm cascades"), and norm internalization. As such, constructivism treats international law as a dynamic process in which "norm entrepreneurs" interact with state actors …
H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis
H.L.A. Hart: A Twentieth-Century Oxford Political Philosopher, John M. Finnis
Journal Articles
This essay offers first a sketch (by a student and colleague) of H.L.A. Hart's life; second an account of the political philosophy which he explicitly articulated in The Concept of Law (1961), and of its relation to the main currents of Oxford political philosophy in the 1950s; and thirdly an exposition and critical assessment of the normative political theory deployed, to widespread acclaim, in his Law, Liberty & Morality (1963).
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl
The Living Constitution Of Ancient Athens: A Comparative Perspective On The Originalism Debate, 42 J. Marshall L. Rev. 463 (2009), Mark J. Sundahl
UIC Law Review
No abstract provided.
A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings
A Pragmatic Approach To Law And Organizing: A Comment On "The Story Of South Ardmore", 42 J. Marshall L. Rev. 631 (2009), Scott L. Cummings
UIC Law Review
No abstract provided.
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
Social Movements, Social Process: A Response To Gerald Rosenberg, 42 J. Marshall L. Rev. 671 (2009), Laura Beth Nielsen
UIC Law Review
No abstract provided.
Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii
Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii
UIC Law Review
No abstract provided.
Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah
Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah
UIC Law Review
No abstract provided.
Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek
Alinsky's Prescription: Democracy Alongside Law, 42 J. Marshall L. Rev. 723 (2009), Barbara L. Bezdek
UIC Law Review
No abstract provided.
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
Organizing In The Obama Era: A Progressive Moment Or A New Progressive Era?, 42 J. Marshall L. Rev. 685 (2009), Peter Dreier
UIC Law Review
No abstract provided.
Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power
Two Decades After Beech: Confusion Over The Admissibility Of Expert Opinions In Public Records, 42 J. Marshall L. Rev. 925 (2009), Thomas J. Mccarthy, John M. Power
UIC Law Review
No abstract provided.
The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen
The Law And The Host Of The Canterbury Tales, Frederick B. Jonassen
Faculty Scholarship
No abstract provided.
Justice Roger Traynor Professorship Acceptance, John E. Noyes
Justice Roger Traynor Professorship Acceptance, John E. Noyes
Faculty Scholarship
Acceptance of John Noyes for the inaugural Roger J. Traynor Professor of Law.
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Legal Theology: Law, Modernity And The Sacred, Peter Fitzpatrick
Seattle University Law Review
This article argues that there is both sameness and difference as between the secular and the religious, and that law, modern law, is constituently enmeshed within this sameness and difference. That combination of sameness and difference, along with the integral part of law, is traced in a cumulation of three historicities, the first being the creation of the world's imperium, of the modern world-system, in the sixteenth century. Then, with the second historicity we have the time of revolutions, seen here as almost revolutions, of the seventeenth and eighteenth centuries. And finally, with the third historicity we have the time …
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
"Separated Unto The Gospel Of God": Political Theology In Badiou And Agamben, Charles Barbour
Seattle University Law Review
This paper begins with a comparison of two texts: Alain Badiou's Saint Paul: The Foundation of Universalism and Giorgio Agamben's The Time that Remains: A Commentary on the Letter to the Romans. In Parts III and IV, I will summarize in very broad terms the details of Badiou's and Agamben's respective appropriations of Paul. Within each of these Parts, I will speak a little bit about the implications of these various claims for contemporary legal theory-- at least as I understand it, and I am no expert. Finally, in Part V, I will discuss briefly an alternative reading of Paul, …
Pedagogic Techniques: Multi-Disciplinary Courses, Annotated Document Review, Collaborative Work & Large Groups, Anthony J. Luppino
Pedagogic Techniques: Multi-Disciplinary Courses, Annotated Document Review, Collaborative Work & Large Groups, Anthony J. Luppino
Faculty Works
No abstract provided.
Jurisprudence: A Beginner's Simple And Practical Guide To Advanced And Complex Legal Theory, 2 The Crit: Critical Stud. J. 62 (2009), Allen R. Kamp
Jurisprudence: A Beginner's Simple And Practical Guide To Advanced And Complex Legal Theory, 2 The Crit: Critical Stud. J. 62 (2009), Allen R. Kamp
UIC Law Open Access Faculty Scholarship
No abstract provided.
"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra
"Render Unto Caesar...": Religion/Ethics, Expertise, And The Historical Underpinnings Of The Modern American Tax System, Ajay K. Mehrotra
Articles by Maurer Faculty
A variety of scholars and commentators have been recently exploring the connections between religion and current U.S. tax policy. The relationship between religion and American taxation, however, runs much deeper than our present period. Indeed, it is no coincidence that roughly a century ago the foundations of our current tax system were taking shape at the height of the religious and ethical fervor known as the Social Gospel movement. At that time, religious and ethical sentiments played a central, though ambivalent, role in fiscal reform. This Article investigates the influence of religious and ethical values on the tax reform struggles …
100 Years Strong: Southern Minnesota Regional Legal Services And The On-Going Pursuit For Equal Rights And Equal Justice, Tom I. Romero Ii, Bruce A. Beneke
100 Years Strong: Southern Minnesota Regional Legal Services And The On-Going Pursuit For Equal Rights And Equal Justice, Tom I. Romero Ii, Bruce A. Beneke
Scholarly Works
No abstract provided.
Vico And Imagination: An Ingenious Approach To Educating Lawyers With Semiotic Sensibility, Francis J. Mootz Iii
Vico And Imagination: An Ingenious Approach To Educating Lawyers With Semiotic Sensibility, Francis J. Mootz Iii
Scholarly Works
Law is a specialized semiotic realm, but lawyers generally are ignorant of this fact. Lawyers may manage meaning, but they also are managed by meaning. Seemingly trapped by the weight of pre-existing signs, their attempts to manage these meanings generally are limited to technical interventions and instrumentalist strategies. Signs have power over lawyers because they are embedded in narratives, a semiotic economy that confronts the lawyer as ‘‘given’’ even though it is dynamic and constantly under construction. Most lawyers do not make meaning through legal narratives; rather, they parrot bits of the controlling narratives in response to certain problems. Because …
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Ethics As Self-Transcendence: Legal Education, Faith, And An Ethos Of Justice, Patrick Brown
Seattle University Law Review
Ethics is fundamentally about ethos, attitude, one's grounded stance or existential orientation, not the extrinsicism of concepts or the formalism of rules. Ethics concerns not just any orientation, but that intimate and demanding form of personal development manifested in the experience and practice of self-transcendence. Conversely, the neglect of ethics as self-transcendence introduces deep distortions into the way we socialize students into notions of ethics and professionalism. It introduces subsequent distortions into the conditions of legal practice. It encourages a superficial and extrinsic minimalism. It encourages, in effect, the disastrous conception of legal ethics as ethical legalism. I begin by …
A Rhetorician's View Of Religious Speech In Civic Argument, Jack L. Sammors
A Rhetorician's View Of Religious Speech In Civic Argument, Jack L. Sammors
Seattle University Law Review
I first examine and reject liberal political methods of addressing the question of religious speech in civic argument, all of which depend upon norms external to the argument that are then excluded from it. Next, in proposing a method that relies only upon the constitutive norms of civic argument itself, I offer a description of civic argument as rhetoric, examine the risks of religious rhetoric in this civic argument, and examine the constitutive norms of civic argument. I address whether the constitutive norms of civic argument are sufficient restraints upon religious rhetoric such that reliance upon external norms is not …
Kamisar, Yale, Jerold H. Israel
Kamisar, Yale, Jerold H. Israel
Other Publications
Kamisar, Yale (1929- ). Law professor. Born in the Bronx, N.Y., to an immigrant, working-class family of modest means and limited educational background, Kamisar received academic scholarships that enabled him to attend New York University (B.A., 1950) and, after enlisting in the army during the Korean War and winning a Purple Heart, Columbia Law School (LLB., 1954).
Developmental Learning Theory And The American Law School Curriculum, 3 J. Marshall (Atlanta) L.J. 33 (2009), Steven D. Schwinn
Developmental Learning Theory And The American Law School Curriculum, 3 J. Marshall (Atlanta) L.J. 33 (2009), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
International Terrorism: The Legitimization Of Safe Harbor States In International Law, Carol A. Bahan
NYLS Law Review
No abstract provided.
The Warren Court, Legalism And Democracy: Sketch For A Critique In A Style Learned From Morton Horwitz, William H. Simon
The Warren Court, Legalism And Democracy: Sketch For A Critique In A Style Learned From Morton Horwitz, William H. Simon
Faculty Scholarship
Morton Horwitz's Transformation books developed a critical approach that elaborates the underlying premises of legal doctrine and compares them to suppressed or ignored alternative perspectives. However, Horwitz's Warren Court book is largely an appreciation of the Court's doctrine that accepts at face value its underlying premises and the judges' claim to vindicate democratic values. In this essay, I speculate on what a Transformation-style critique of the Warren Court might look like and suggest that the Court is vulnerable to criticisms analogous to those the Transformation books make of earlier doctrine. I suggest that book ignores an alternative perspective on social …
Facts, Information, And The Newly Discovered Record In Pierson V. Post, James E. Krier
Facts, Information, And The Newly Discovered Record In Pierson V. Post, James E. Krier
Articles
Unlike Professors Fernandez, Banner, and Donahue, I am not a legal historian; like them, however, I am much interested in the comings and goings of the famous old case about the fox. It figures significantly in my course on property and in my co-authored book on the subject. The background of the case is noted in the book and will be updated in the next edition to take account of Fernandez's discovery of the hitherto lost judgment roll in the case.I Her find yields many facts, but, in my judgment, virtually no information. Facts are necessary to information, but not …
Assessing Chinese Legal Reforms, Benjamin L. Liebman
Assessing Chinese Legal Reforms, Benjamin L. Liebman
Faculty Scholarship
Over the past thirty years China has engaged in what is perhaps the most rapid development of any legal system in the history of the world. The Chinese legal system has been fundamentally transformed since 1978. At the beginning of the reform era there were few laws or trained personnel. Today, China has sophisticated legal institutions, thousands of laws and regulations, and the third largest number of lawyers in the world. Law has begun to regulate both state and individual behavior in ways that were inconceivable in 1978. Commitment to the rule of law has become an important part of …
Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dred Scott Decision, Robert G. Schwemm
Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dred Scott Decision, Robert G. Schwemm
Law Faculty Scholarly Articles
In 1841, three Kentucky slaves in Louisville boarded a steamboat bound for Cincinnati. Within days, they had made their way to Detroit and then to permanent freedom in Canada. Their owner, a prominent central Kentucky businessman, soon tracked them down and tried to lure them back to bondage in the United States. When these efforts failed, he sued the steamboat owners for the value of the lost slaves in a Kentucky court. After ten years of litigation, this case reached the U.S. Supreme Court. The Court’s decision in favor of the Kentucky slaveholder would prove to be an important precedent …