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Law Book Catalog Of Patrick Byrne, Philadelphia Bookseller, 1802, Joel Fishman 2016 Duquesne University

Law Book Catalog Of Patrick Byrne, Philadelphia Bookseller, 1802, Joel Fishman

Law Faculty Publications

Professor Erwin Surrency laments the fact that "all too few of [the law book dealers] have been preserved."1 One of the least known law booksellers of the early Republic era was Patrick Byrne. This short article provides basic biographical information and a review of his first law book catalog, one of the earliest law book catalogs published in the first years of the nineteenth century.


The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser 2016 University of Colorado Law School

The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser

Publications

No abstract provided.


Patent Eligibility And Physicality In The Early History Of Patent Law And Practice, Ben McEniery 2016 University of Arkansas Little Rock

Patent Eligibility And Physicality In The Early History Of Patent Law And Practice, Ben Mceniery

University of Arkansas at Little Rock Law Review

No abstract provided.


Utopia And The Law And Literature Movement, Michael P. Malloy 2016 The Univerisity of the Pacific, McGeorge School of Law

Utopia And The Law And Literature Movement, Michael P. Malloy

University of the Pacific Law Review

No abstract provided.


St. Thomas More & Antebellum American Law And Lawyers, M.H. Hoeflich 2016 Univeristy of Kansas

St. Thomas More & Antebellum American Law And Lawyers, M.H. Hoeflich

University of the Pacific Law Review

No abstract provided.


Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster 2016 University of Florida Levin College of Law

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

UF Law Faculty Publications

Legal intellectual history, I suggest in this Paper, is the street sweeper in the parade of law’s history and its use of history. Lawyers and legal academics want great, important figures, cases, and theories with and against which they can do battle. The student-edited law reviews prefer bold, clear claims that explain why one answer to an historical question presented will bring justice, while a competing answer is manifestly unjust; why one past approach lacks principle or created worse consequences; or how one theory or another can explain all manner of thorny legal issues which bedevils academics and practitioners. Viewing …


What Is "Colonial" About Colonial Laws?, Arudra Barra 2016 American University Washington College of Law

What Is "Colonial" About Colonial Laws?, Arudra Barra

American University International Law Review

No abstract provided.


North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney 2016 Indiana University Maurer School of Law

North Carolina State Board Of Dental Examiners V. Ftc: Aligning Antitrust Law With Commerce Clause Jurisprudence Through A Natural Shift Of State-Federal Balance Of Power, Marie Forney

Indiana Law Journal

The Supreme Court’s holding in North Carolina State Board of Dental Examiners v. FTC (NC Dental)1 in February 2015 demonstrates a natural shift in the balance of power from the states to the national government. As the country’s interstate and international economy has become more integrated, federal authority has likewise expanded.2 And although the federalism dichotomy has undergone periodic back-and-forth “swings” since the nation’s founding, the end result has been a net increase in federal power. NC Dental exemplifies this trend toward increasing national au-thority through the organic development of interstate commerce.


What Notice Did, Jessica D. Litman 2016 University of Michigan Law School

What Notice Did, Jessica D. Litman

Articles

In the twenty-first century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in the …


Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein 2016 American University Washington College of Law

Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

In this article, the authors identify current trends in promoting supported decision-making as an alternative to guardianship for people with disabilities. Support for supported decision-making (SDM) and other reforms to guardianship can be found in international conventions and declarations (notably, Article 12 of the CRPD); Concluding Observations and General Comment No. 1 issued by the UN Committee on the Rights of Persons with Disabilities; and in various countries (or states/provinces/localities within those countries), including the United States, where developments in state legislation, state court cases (including the Jenny Hatch case, in which one of the co-authors was counsel and another …


From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay 2016 Osgoode Hall Law School of York University

From Development As Disaster To Disaster As Development: Lessons From The Marseille Plague Of 1720, Saptarishi Bandopadhyay

Articles & Book Chapters

No abstract provided.


Cases And Case-Lawyers, Richard A. Danner 2016 Duke Law School

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …


Wächter, Carl Georg Von, Ralf Michaels 2016 Duke Law School

Wächter, Carl Georg Von, Ralf Michaels

Faculty Scholarship

Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …


Continuity And The Declaration Of Independence, Darrell A. H. Miller 2016 Duke Law School

Continuity And The Declaration Of Independence, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.


Writing The Social History Of Legal Doctrine, Cynthia Nicoletti 2016 Duke Law School

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Faculty Scholarship

No abstract provided.


On The Whittington United Nations Archive, Gail Partin, William Butler 2016 Penn State Dickinson Law

On The Whittington United Nations Archive, Gail Partin, William Butler

Faculty Scholarly Works

On 14 October 1986 Mrs. Louise L. Whittington, the widow of William Vallie Whittington (1904–1986), wrote to inform the Dickinson School of Law that her husband recently had passed away and that she wished to give to the Library of the Law School a leather bound facsimile copy of the United Nations Charter and certain documents related to the surrender of Germany in the Second World War and the creation of the United Nations. Arrangements were completed in Spring 1987 for the transfer of the materials. These remain a significant treasure and important legacy for the development of international law …


Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel 2016 Levin College of Law, University of Florida

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.


A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra 2016 American Bar Foundation

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.


Organic Poise: Capitalism As Law, Christopher Tomlins 2016 University of California Berkeley

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.


Causation, Legal History, And Legal Doctrine, Charles Barzun 2016 University of Virginia

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.


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