Legal History Commons^™

Toward A New Theory Of Roman Law, David F. Pugsley

Michigan Law Review

A Review of Landlords and Tenants in Imperial Rome by Bruce W. Frier

H.L.A. Hart By Neil Maccormick, Kenneth Henley

Vanderbilt Law Review

English legal positivism began with the clarity of Jeremy Bentham and John Austin, but their clarity sometimes was achieved by sacrificing conceptual subtlety. In 1961 H.L.A. Hart published The Concept of Law" and renewed the positivist tradition with a subtlety that did not sacrifice clarity. It is appropriate, therefore,that Neil MacCormick's study of Hart should begin the monograph series Jurists: Profiles in Legal Theory.'The conceptual separation between law and morals serves as the primary tenet of legal positivism. Although "positive morality"(the moral beliefs prevalent in a particular society) influences the development of law, the law-once formed-exists as a distinct social …

The Opinion Volume 22 Number 8 – February 18, 1982, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 18, 1982. The original print copy is misidentified as vol. 22 no. 7.

The Opinion Volume 22 Number 7 – February 4, 1982, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated February 4, 1982. The original print copy is misidentified on the cover as Volume 22, Number 6, November 30, 1981.

Mirror, Mirror On The Wall: Histories Of American Law Schools, Alfred S. Konefsky, John Henry Schlegel

Journal Articles

No abstract provided.

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Representative Egos (Review Essay), George Kannar

Book Reviews

Reviewing H.N. Hirsch, The Enigma of Feliz Frankfurter (1981); James F. Simon, Independent Journey: The Life of William O. Douglas (1980).

An Early Opinion Of An Arkansas Trial Court, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

A Graphic Review Of The Free Speech Clause, William W. Van Alstyne

Faculty Scholarship

This work acts as a spring board for the study of the Free Speech Clause of the First Amendment. It builds useful graphical representations of complex constitutional theories from the ground up, allowing students to follow both development and the application of these theories.

Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Book Chapters

If the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer are any indication, Miranda v. Arizona has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Program Statement: Law School Addition And Remodeling Brochure, 1982

Law School Building

No abstract provided.

Building For The Future Q&A Brochure, 1982

Law School Building

No abstract provided.

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …

The General Duty Of Good Faith – Its Recognition And Conceptualization, Robert S. Summers

Cornell Law Faculty Publications

No abstract provided.

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Law Faculty Scholarly Articles

Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.

Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that …

A Tribute To W. Howard Mann, Philip Shuchman

Buffalo Law Review

No abstract provided.

W. Howard Mann: An Appreciation, Philip B. Kurland

Buffalo Law Review

No abstract provided.

Encouraging Excellence, Marjorie Girth

Buffalo Law Review

No abstract provided.

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.

The Political And Administrative History Of The U.S. Court Of Appeals For The Tenth Circuit, Arthur J. Stanley, Irma S. Russell

Faculty Works

A history of the Tenth Circuit Court of Appeals, which was created by dividing the Eighth Circuit, the only time geographical boundaries had been altered since the present federal circuit court system was instituted in 1891.

The Case For Treason, George P. Fletcher

Maryland Law Review

No abstract provided.

The Expansion Of Federal Legislative Authority, Terrance Sandalow

Book Chapters

During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.

Of course, Congress need not-and, in fact, does not--exercise all the power …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1982, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 1982, Volume 2, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Publications

No abstract provided.

Significant Refugee Crises Since World War Ii And The Response Of The International Community, James L. Carlin

Michigan Journal of International Law

This article analyzes some of the significant post-World War II refugee crises and describes in summary how the international community responded to each. Overpopulation, legal and illegal migration, and repatriation of thousands of colonials have had a negative influence on public opinion with respect to rescuing and assisting refugees. Yet today the refugee problem and the attendant human suffering is growing. There are serious apprehensions about the mounting costs and the ability of those concerned to cope. The international machinery is stretched; inflation and unemployment in the industrialized world have further complicated the search for solutions. Present and future refugee …

The Rights Of Aliens In The 1980'S, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.