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Articles 7771 - 7800 of 10057
Full-Text Articles in Legal History
The Invention And Reinvention Of Welfare Rights, William H. Simon
The Invention And Reinvention Of Welfare Rights, William H. Simon
Maryland Law Review
No abstract provided.
Reflections On Labor, Power, And Society , James B. Atleson
Reflections On Labor, Power, And Society , James B. Atleson
Maryland Law Review
No abstract provided.
Traditional Labor Law Scholarship And The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Traditional Labor Law Scholarship And The Crisis Of Collective Bargaining Law: A Reply To Professor Finkin, Karl E. Klare
Maryland Law Review
No abstract provided.
Survey Of Developments In Maryland Law, 1983-84
Survey Of Developments In Maryland Law, 1983-84
Maryland Law Review
No abstract provided.
Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl E. Klare
Lost Opportunity: Concluding Thoughts On The Finkin Critique, Karl E. Klare
Maryland Law Review
No abstract provided.
Does Karl Klare Protest Too Much?, Matthew W. Finkin
Does Karl Klare Protest Too Much?, Matthew W. Finkin
Maryland Law Review
No abstract provided.
English Common Law In Virgina, William Hamilton Bryson
English Common Law In Virgina, William Hamilton Bryson
Law Faculty Publications
By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer
Articles
No abstract provided.
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
The Logic Of Legal Reasoning In Religious And Non-Religious Cultures: The Case Of Islamic Law And The Common Law, Wael B. Hallaq
Cleveland State Law Review
It is only reasonable to assume that dissimilar legal systems possess dissimilar patterns of legal reasoning. Inasmuch as two legal systems differ in their structure and function, they also differ in the types of arguments they employ in their service. It may well be argued that law is, in the final analysis, the product of the premises and methods from and through which it is derived. Two such legal systems which display a vast difference in their overall structure and function are Islamic law and the common law. This paper proposes to shed some light on the logic of legal …
The Wagner Act: Labor Law's Signal Event, Theodore J. St. Antoine
The Wagner Act: Labor Law's Signal Event, Theodore J. St. Antoine
Articles
There's no fun in stating the obvious. Sophisticated professionals bestow few kudos on those who declaim the conventional wisdom. Even so, one would have to be far more perverse than I, in this fiftieth anniversary year of the National Labor Relations Act, to suggest that the Wagner Act, wasn't the most important (and at the time of it- passage the most controversial) development in the last half-century of labor law.
Review, Supreme Court Justice Joseph Story: Statesman Of The Old Republic, Richard Kay
Review, Supreme Court Justice Joseph Story: Statesman Of The Old Republic, Richard Kay
Faculty Articles and Papers
Reviewing Supreme Court Justice Joseph Story: Statesman of the Old Republic. By R. Kent Newmyer. Chapel Hill & London. The University of North Carolina Press, 1985.
Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.
Virtues And Vices In Practical Legal Education: Address Given On The Occasion Of The 1985 Commencement Of The Dickinson School Of Law, Charles A. Morrison Q.C.
Penn State International Law Review (1982 - 2011)
This Article is the Commencement Address given to the Class of 1985 at Dickinson Law School.
Introduction, John Makdisi
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
The Guilds Of Law In Medieval Legal History: An Inquiry Into The Origins Of The Inns Of Court, George Makdisi
Cleveland State Law Review
Medieval England presents the student of legal history with a number of interesting peculiarities. Among these are the common law and the schools where it was taught, the Inns of Court. English law was the only native law in medieval Europe, functioning distinctly from both civil and canon law. It was judge-made, and followed the case-law method peculiar to it, distinct from the codification system of civil and canon law. Its schools, the Inns of Court, were, in Christendom, the only law schools of their kind that came out of the Middle Ages into modern times. These and other features …
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Formal Rationality In Islamic Law And The Common Law, John Makdisi
Cleveland State Law Review
Rationality in a legal system suggests a consistent set of legal propositions as well as methods for modifying, limiting, and expanding the laws which are governed by some type of logical apparatus. It is a desirable characteristic because it furthers one of the primary ends of a legal system: It facilitates social interaction by enabling members of society to calculate the consequences of their conduct. It is not an easy concept to define, however. Rationality may take different forms, more or less formal, more or less innovative. These different forms shall be examined to determine the type of rationality which …
Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray
Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray
Reviews
Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins
Publications
No abstract provided.
The Two Hundredth Reunion Of Delegates To The Constitutional Convention (Or, All Things Considered, We'd Really Rather Be In Philadelphia), Douglas O. Linder
The Two Hundredth Reunion Of Delegates To The Constitutional Convention (Or, All Things Considered, We'd Really Rather Be In Philadelphia), Douglas O. Linder
Faculty Works
No abstract provided.
Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt
Taxation Of Qualified Plan Distributions: History And Analysis, Christopher R. Hoyt
Faculty Works
No abstract provided.
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859-1984: An Intellectual History, Elizabeth Gaspar Brown
University of Michigan Journal of Law Reform
The intellectual history of the University of Michigan Law School is recorded in the titles of contributions to legal literature published from its organization in October 1859 to the present. These writings demonstrate a continued commitment to legal scholarship and illustrate both the changing patterns in the subjects chosen for research and writing, and the methods utilized for treatment of the subjects.
Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy
Time Limits Under The Freedom Of Information Act: Another Problematic New Property Reform, Karen Czapanskiy
Maryland Law Review
No abstract provided.
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
The Role Of History In Constitutional Interpretation: A Case Study, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
A Comment On Style: The Elevator As Metaphor, James Brook
A Comment On Style: The Elevator As Metaphor, James Brook
Articles & Chapters
No abstract provided.
Indian Allotment Water Rights, Richard B. Collins
Indian Allotment Water Rights, Richard B. Collins
Publications
Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.
Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace
Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace
Publications
No abstract provided.
Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson
Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson
Publications
No abstract provided.
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
On 'Positivism' And 'Legal Rational Authority', John M. Finnis
Journal Articles
This Article critiques Anthony Kronman’s book Max Weber, which provides an interpretation of Weber’s social theory of law concerning positivism and legal rational authority. In particular, the three premises of Kronman’s thesis regarding social theory are considered and their weaknesses are explained. Through this critique, the Author argues that no good reason has been presented to accept that Weber’s positivist theory is of value.
Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey
Gaming, Lotteries, And Wagering: The Pre-Revolutionary Roots Of The Law Of Gambling, G. Robert Blakey
Journal Articles
Over the last several decades, there has been an increasing trend to move away from general prohibition against gambling and to move towards legalizing various forms of gambling. This Article traces the pre-revolutionary roots concerning the law of gambling and breaks the discussion into three types: gaming, lotteries, and wagering. In particular, the discussion focuses on the law and practice of the English prior to 1776 and the law and practice of the Early Colonial Period from 1929-1776. The Author proposes that an understanding of the past is needed in order to reform the law of gambling without succumbing to …
Competing Demands For The Colorado River, David H. Getches
Competing Demands For The Colorado River, David H. Getches
Publications
No abstract provided.
Massachusetts And The Judges: Judicial Independence In Perspective, Barbara Aronstein Black
Massachusetts And The Judges: Judicial Independence In Perspective, Barbara Aronstein Black
Faculty Scholarship
This is an essay about an incident that took place in the Province of Massachusetts Bay during the period 1772-1774, an incident that I will call the Affair of the Royal Salary. Close relative of the Stamp Act Crisis, The Boston Tea Party, even the Boston Massacre, the Affair of the Royal Salary similarly involved a clash between the forces of popular government and those of imperial government; like its better known cousins it is part of the story of the coming of the American Revolution in Massachusetts. In addition, since the Salary around which the Affair developed was intended …