Legal History Commons^™

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.

The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson

Western Water Law in Transition (Summer Conference, June 3-5)

17 pages.

Contains references.

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.

Administering Water Rights: The Colorado System, Raymond L. Petros

Western Water Law in Transition (Summer Conference, June 3-5)

140 pages (includes illustrations and maps).

Contains bibliography.

The Scandal Of Smith And Buchanan: The Skeletons In The Mcculloch Vs. Maryland Closet, David S. Bogen

Faculty Scholarship

McCulloch v. Maryland announced principles of constitutional interpretation, federal power and federal immunity which are now basic doctrines of constitutional law. Yet it was quickly the most widely attacked of all John Marshall’s decisions. A reader of the case today may have a great difficulty understanding the criticisms. One key lies in understanding the people behind McCulloch.

The Opinion Volume 26 Number 1 – April 24, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 24, 1985

Legal Questions In Perspective, John Paul Stevens

Florida State University Law Review

No abstract provided.

Unequal Laws Unto A Savage Race: European Legal Traditions In Arkansas, 1686-1836, Robert R. Wright

University of Arkansas at Little Rock Law Review

No abstract provided.

The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce

Michigan Law Review

This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.

Samuel Enoch Stumpf: A Man Of Many Dimensions, Joe B. Wyatt

Vanderbilt Law Review

For more than a generation, Professor Stumpf's students and colleagues have enjoyed the luxury of learning from a man whose own interests and expertise cross traditional lines in academic disciplines and whose analysis of problems, issues, and ideas arches high above the traveled paths of those disciplines.

The Opinion Volume 25 Number 12 – March 27, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 27, 1985. Includes Onion spoof issue insert vol. 69 no. 69.

The Opinion Volume 25 Number 11 – March 13, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March 13, 1985

Some Considerations Which May Lead Lawmakers To Modify A Policy When Adopting It As Law, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

The Most Sacred Text: The Supreme Court's Use Of The Federalist Papers, James G. Wilson

BYU Law Review

No abstract provided.

The Opinion Volume 25 Number 10 – February 27, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 27, 1985

The Opinion Volume 25 Number 9 – February 13, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 13, 1985

The Opinion Volume 25 Number 8 – February 6, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 6, 1985

Impeachment In America, 1635-1805, Michigan Law Review

Michigan Law Review

A Review of Impeachment in America, 1635-1805 by Peter Charles Hoffer and N.E.H. Hull

The Crisis Of The Western Legal Tradition, William Chester Jordan

Michigan Law Review

A Review of Law and Revolution: The Formation of the Western Legal Tradition by Harold J. Berman

Cannibalism And The Common Law: The Story Of The Tragic Last Voyage Of The Mignonette And The Strange Legal Proceedings To Which It Gave Rise, Michigan Law Review

Michigan Law Review

A Review of Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which it Gave Rise by A.W. Brian Simpson

The Political Theory Of The Federalist And The Authority Of Publius, Michigan Law Review

Michigan Law Review

A Review of The Political Theory of the Federalist by David F. Epstein and The Authority of Publius by Albert Furtwangler

Their Litigious Society, A.W. Brian Simpson

Michigan Law Review

A Review of The Whilton Dispute, 1264-1380: A Social-Legal Study of Dispute Settlement in Medieval England by Robert C. Palmer

The Birth Of A Public Corporation, Jon C. Teaford

Michigan Law Review

A Review of Public Property and Private Power: The Corporation of the City of New York in American Law, 1730-1870. by Hendrik Hartog

The Well-Ordered Police State: Social And Institutional Change Through Law In The Germanies And Russia, 1600-1800, Michigan Law Review

Michigan Law Review

A Review of The Well-Ordered Police State: Social and Institutional Change Through Law in the Germanies and Russia, 1600-1800 by Marc Raeff

Uncertainty In Law And Its Negation: Reflections, Gordon A. Christenson

Faculty Articles and Other Publications

For this issue of the Review, the editors invited me to reflection. In response, I wish to consider some aspects of a problem that has bothered me over the past quarter-century. This problem arises from radical subjectivism and its effect on the legal order. I believe that something is radically subjective in law when one norm is considered as valid as any other, or when one perception of facts is thought as valid as any other, for the reason that any objective principles for determining validity are either inadequate or considered meaningless tautologies, masking the subjective preference of those with …

Whither Jurisprudence?, Anthony D'Amato

Faculty Working Papers

After considering the side road of critical legal studies, I shall try to indicate the major signposts to a more complete jurisprudence. These signposts take the form of questions or anomalies in our present understanding of law. I will conclude that only by following these signposts, by exploring these questions and anomalies, will we begin to uncover the nature of law and justice.

Verdict According To Conscience: Perspectives On The English Criminal Trial Jury 1200-1800, Thomas A. Green

Books

This book treats the history of the English criminal trial jury from its origins to the eve of the Victorian reforms in the criminal law. It consists of eight free-standing essays on important aspects of that history and a conclusion. Each chapter addresses the phenomenon that has come to be known as "jury nullification," the exercise of jury discretion in favor of a defendant whom the jury nonetheless believes to have committed the act with which he is charged. Historically, some instances of nullification reflect the jury's view that the act in question is not unlawful, while in other cases …

Currie's Governmental Interest Analysis -- Has It Become A Paper Tiger?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Book Review. Societal Versus Official Law, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

English Common Law And Islamic Law In The Middle East And South Asia: Religious Influences And Secularization, Herbert Liebesny

Cleveland State Law Review

In England, during the first half of the seventeenth century a serious conflict having both legal and political implications arose concerning the Royal Prerogative. King James I insisted upon the Royal Prerogative, which placed the King above the law and gave him absolute power. Sir Edward Coke, on his part, argues that the common law was above the King's Prerogative. This led to a violent clash between Coke and the King in November 1608. A general discussion of the further development of common law and of the decisive role of Parliament is beyond the framework of this Article. One aspect, …