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Articles 7801 - 7830 of 10057
Full-Text Articles in Legal History
Not-So-Critical Legal Studies, Stephen Diamond
Not-So-Critical Legal Studies, Stephen Diamond
Cardozo Law Review
No abstract provided.
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt
Cardozo Law Review
No abstract provided.
A Comment On The Critical Method In Legal History, Mark V. Tushnet
A Comment On The Critical Method In Legal History, Mark V. Tushnet
Cardozo Law Review
No abstract provided.
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold
Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
George L. Haskins, Morris L. Arnold
A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland
A Hurried Perspective On The Critical Legal Studies Movement: The Marx Brothers Assault The Citadel, Maurice J. Holland
Articles by Maurer Faculty
No abstract provided.
Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg
Crossing Boundaries: Nineteenth-Century Domestic Relations Law And The Merger Of Family And Legal History, Michael Grossberg
Articles by Maurer Faculty
This essay argues for the need to study the legal history of the American family. It does so by combining a critique of secondary literature in family and legal history with examples from nineteenth-century domestic relations law. These examples, drawn from family law doctrines on seduction under the cover of a marriage promise, runaway marriages, and bastardy, are used to indicate the benefits of adding a sociocultural dimension to legal history and legal and institutional dimensions to family history. Three main themes in the history of nineteenth-century domestic relations law are developed to make these points: the law's particular fabric …
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Nonoriginalist Constitutional Rights And The Problem Of Judicial Finality, Daniel O. Conkle
Articles by Maurer Faculty
No abstract provided.
Jurisprudence As Narrative: An Aesthetic Analysis Of Modern Legal Theory, Robin West
Jurisprudence As Narrative: An Aesthetic Analysis Of Modern Legal Theory, Robin West
Georgetown Law Faculty Publications and Other Works
Recent legal scholarship has engaged in a growing dialogue tying literary criticism to jurisprudence. In this article, Professor Robin West adds her voice by advocating the reading of legal theory as a form of narrative. Drawing from Northrop Frye's “Anatomy of Criticism,” Professor West first details four literary myths that combine contrasting world visions and narrative methods. She then applies Frye's categories to Anglo-American jurisprudential traditions and employs aesthetic principles to analyze influential legal theorists within these traditions. Finally, Professor West argues that recognizing the aesthetic dimension of legal debate frees us to realize our moral ideals.
Authority, Autonomy, And Choice: The Role Of Consent In The Moral And Political Visions Of Franz Kafka And Richard Posner, Robin West
Georgetown Law Faculty Publications and Other Works
In "The Ethical and Political Basis of Wealth Maximization" and two related articles, Professor (now Judge) Richard Posner argues that widely shared pro-autonomy moral values are furthered by wealth-maximizing market transfers, judicial decisions, and legal institutions advocated by members of the "law and economics" school of legal theory. Such transactions, decisions, and institutions are morally attractive, Posner argues, because they support autonomy; wealth-maximizing transfers are those to which all affected parties have given their consent. This Article argues that Posner's attempt to defend wealth-maximization on principles of consent rests on a simplistic and false psychological theory of human motivation. Posner's …
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.
Cardozo Law Review
No abstract provided.
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Framers Intent: The Illegitimate Uses Of History, Pierre Schlag
Publications
No abstract provided.
Western Water Law In Transition, Charles F. Wilkinson
Western Water Law In Transition, Charles F. Wilkinson
Publications
No abstract provided.
Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins
Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins
Publications
No abstract provided.
The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.
The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.
Faculty Scholarship
When the legal history of the 1970's is written, it will note a significant shift in the way courts perceived shareholder litigation. Only a generation ago, the Supreme Court described the derivative action as "the chief regulator of corporate management." Even into the 1960's, those issues involving shareholder litigation that percolated up to the Supreme Court were typically resolved so as to extend the availability of a litigation remedy by removing arbitrary or overbroad barriers to the plaintiff.
The Opinion Volume 25 Number 7 – December 3, 1984, The Opinion
The Opinion Volume 25 Number 7 – December 3, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated December 3, 1984
The Opinion Volume 25 Number 6 – November 13, 1984, The Opinion
The Opinion Volume 25 Number 6 – November 13, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 13, 1984
The Opinion Volume 25 Number 6 – November 7, 1984, The Opinion
The Opinion Volume 25 Number 6 – November 7, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 7, 1984. Onion spoof issue vol. 69 no. 69.
Origins Of The Common Law ( A Three-Part Series) Part I: The Disappearance Of Roman Law From Dark Age Britain, David A. Thomas
Origins Of The Common Law ( A Three-Part Series) Part I: The Disappearance Of Roman Law From Dark Age Britain, David A. Thomas
BYU Law Review
No abstract provided.
Ambivalent Legacy: A Legal History Of The South, Herbert A. Johnson
Ambivalent Legacy: A Legal History Of The South, Herbert A. Johnson
Vanderbilt Law Review
This volume of essays generated by a February 1983 conference at the University of Southern Mississippi represents a major step in the advancement of the legal history of the South.' Not only does the collection raise challenging questions concerning the history of law in the South, but it also presents outstanding examples of what can be accomplished when legal historians turn their attention to this region and the states that comprise it. Covering abroad geographical and topical range in individualistic fashion, the essays are, for the most part, well researched and written with clarity and style. This Review will address …
The Future Of The Common Law Tradition, Alan Watson
The Future Of The Common Law Tradition, Alan Watson
Scholarly Works
What, then, can one say about the common law tradition as it will develop in the relatively near future? In terms of the future development of the common law systems, three facts seem certain and decisive. In the first place, there has been, as a matter of observable fact, a great shift in the balance of lawmaking in the common law world from judicial precedent to legislation, which together comprise the two main sources of law. In the second place, there is a deep awareness in the common law countries of a crisis in lawmaking, an awareness that is probably …
The Opinion Volume 25 Number 5 – October 23, 1984, The Opinion
The Opinion Volume 25 Number 5 – October 23, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 23, 1984
The Opinion Volume 25 Number 4 – October 9, 1984, The Opinion
The Opinion Volume 25 Number 4 – October 9, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 9, 1984
On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.
On The Origin And Sources Of The Law Of Nova Scotia, Beamish Murdoch Esq.. Q.C.
Dalhousie Law Journal
The subject of the present inquiry, is to point out the origin and sources of the laws in force in Nova Scotia, in other words, the rules by which we are to be guided in ascertaining what portions of the English Common and Statute Law, and decisions of the British courts, are to be held obligatory in the tribunals of justice in this province. Blackstone informs us, that in conquered and ceded countries that have already laws of their own, the King may alter and change those laws; but until he does actually change them, the ancient laws of the …
An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott
An Historical Review Of Nova Scotia Legal Literature: A Select Bibliography, Shirley B. Elliott
Dalhousie Law Journal
Expressed in simplest terms Nova Scotia law, generally speaking, is an amalgamation of English common law, English statute law and the provincial statutes which evolved following the convening of the first representative government at Halifax on October 2, 1758. From the capture of Port Royal in 1710 (which by the Treaty of Utrecht in 1713 guaranteed Acadia to the British), to the establishment of an elected assembly 48 years later, law and order were maintained at first by military law and, following the appointment of Richard Philipps as governor at Annapolis Royal, by the issue of royal instructions dated June …
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper
Michigan Law Review
The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the beneficiaries of the …
The Opinion Volume 25 Number 3 – September 25, 1984, The Opinion
The Opinion Volume 25 Number 3 – September 25, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 25, 1984
The Opinion Volume 25 Number 2 – September 17, 1984, The Opinion
The Opinion Volume 25 Number 2 – September 17, 1984, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated September 17, 1984