In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law,
2016
St. Mary's University School of Law
In Memory Of Joe E. Anderson (1928–2016), Professor Of Law, St. Mary's University School Of Law, Michael S. Ariens
St. Mary's Law Journal
Tribute to Joe E. Anderson (1928–2016), Professor of Law, St. Mary's University School of Law.
The Development Of Chinese Constitutionalism,
2016
St. Mary's University School of Law
The Development Of Chinese Constitutionalism, Chenglin Liu
St. Mary's Law Journal
Since the establishment of the People's Republic of China (PRC) in 1949, the country has enacted four constitutions. This Article provides a historical analysis of how the Communist Party of China (the Party) and its paramount leaders shaped each constitution, influenced the public perception of the law, and determined the method individual constitutional rights should be permitted. Through examining leading incidents that defined the PRC's history, this Article provides a detailed examination of how the Party used a constitutional framework to achieve its specific agenda of the time.
Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump,
2016
University of Houston Law Center
Kcon Xi Essay Introduction: Compulsory Arbitration And Adhesion Contracts In The Age Of Donald Trump, Peter Linzer
St. Mary's Law Journal
Remarks of Peter Linzer on receiving the Lifetime Achievement Award from the 11th International Contracts Conference (K-CON XI). Revised after Election Day, 2016.
Work And The Legal Person In Thomas More's Utopia,
2016
University of the Pacific
Work And The Legal Person In Thomas More's Utopia, Andreea D. Boboc
University of the Pacific Law Review
No abstract provided.
All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild,
2016
University at Buffalo School of Law
All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr.
Journal Articles
No abstract provided.
Bacon, Example Of A Treatise Touching Universal Justice,
2016
University of Richmond
Bacon, Example Of A Treatise Touching Universal Justice, William Hamilton Bryson
Law Faculty Publications
This chapter provides a brief overview of the life and work of Francis Bacon, Viscount St. Alban (1561-1626), with particular attention to his Exemplum Tractatus de justitia universalis, sive de fontibus iuris in uno titulo per aphorismos, published in 1623.
Reports Of Cases In The Court Of Exchequer From 1604 To 1648,
2016
University of Richmond - School of Law
Reports Of Cases In The Court Of Exchequer From 1604 To 1648, William Hamilton Bryson
Law Faculty Publications
Before the year 2000, there were in print only two modest collections of reports of cases in the Court of Exchequer dating before the accession of King George I in 1714. These are the reports of Sir Richard Lane (d. 1650) and those of Thomas Hardres (d. 1681). Combined, they cover only 28 years, and the number of cases is quite minuscule compared to the other high courts of justice at Westminster. This extreme paucity of printed materials has given a false impression of unimportance of the Court of Exchequer. While it is certainly true that this court did not …
Sir Robert Raymond's Common Law Reports (1694-1696),
2016
University of Richmond - School of Law
Sir Robert Raymond's Common Law Reports (1694-1696), William Hamilton Bryson
Law Faculty Publications
Robert Raymond was born on 20 December 1673 in London. He was the only son of Sir Thomas Raymond (1627-1683), a judge and law reporter. He was formally admitted to Gray's Inn, his father's inn, at the age of nine in 1682. He was a student at Eton College and Christ's College, Cambridge. Raymond was called to the bar of Gray's Inn in November 1697, and he joined ad eundem Lincoln's Inn in 1710. He was the Solicitor General from 1710 until 1714 and Attorney General from 1720 to 1724. He was a member of Parliament from 1710 to 1724. …
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016),
2016
Roger Williams University
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
RWU Law
No abstract provided.
Re-Ordering The First Amendment,
2016
University of Colorado Law School
Tax Planning And Policy Drift,
2016
University of Colorado Law School
Tax Planning And Policy Drift, Sloan G. Speck
Publications
This Article proposes a framework for analyzing how private-sector legal interpretations influence public policy. Political scientists and legal scholars use the terms “bureaucratic drift” and “legislative drift” to describe how administrative agencies and future legislative coalitions affect public policy enacted by Congress. This Article identifies a third category of policy drift: “planning drift.” Planning drift describes deviations from an enacting legislature’s policy preferences that result from private experts’ interpretations of existing law. After Congress enacts a statute, the first people to interpret and apply the new legislation generally are not regulators or judges, but instead are private experts, such as …
A Context For Legal History, Or, This Is Not Your Father’S Contextualism,
2016
University of Colorado Law School
A Context For Legal History, Or, This Is Not Your Father’S Contextualism, Justin Deystone
Publications
This short essay attempts a systematic rehearsal of the structuralist approach to legal historiography.
The American Legacy Of Public Land Rebellion,
2016
University of Missouri - Kansas City, School of Law
The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr
Faculty Works
The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …
Joseph Story,
2016
Duke Law School
Joseph Story, Ralf Michaels
Faculty Scholarship
Joseph Story (1779-1845) was one of the greatest and most influential American lawyers of all time. Both as a Supreme Court Justice and as a professor at Harvard Law School, his work and thought were, and still are, of great importance. Today’s private international law would look different without him, both in the United States and in the rest of the world. At the same time, his approach to the field cannot be properly understood unless placed within his broader work on law, and the specific American background against which it was developed.
Inside The Taft Court: Lessons From The Docket Books,
2016
Notre Dame Law School
Inside The Taft Court: Lessons From The Docket Books, Barry Cushman
Journal Articles
For many years, the docket books kept by certain of the Taft Court Justices have been held by the Office of the Curator of the Supreme Court. Though the existence of these docket books had been brought to the attention of the scholarly community, access to them was highly restricted. In April of 2014, however, the Court adopted new guidelines designed to increase access to the docket books for researchers. This article offers a report and analysis based on a review of all of the Taft Court docket books held by the Office of the Curator, which are the only …
Criminal Labor Law,
2016
Washington University in St. Louis School of Law
Criminal Labor Law, Benjamin Levin
Scholarship@WashULaw
This Article examines a recent rise in suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In this …
The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism,
2016
Washington University in St. Louis School of Law
The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz
Scholarship@WashULaw
This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …
The Magna Carta And The Beginning Of Modern Legal Thought,
2016
St. Mary's University School of Law
The Magna Carta And The Beginning Of Modern Legal Thought, Vincent R. Johnson
Faculty Articles
As the Magna Carta, England's Great Charter of Liberties, marks its eighth centennial, it is appropriate to ask what's in it. The answer, it turns out, lives up to the legend. What's in the Magna Carta is the beginning of modern legal thought. The Great Charter set the expectations that for 800 years have shaped the development of the law in England, America, and around the globe. Like a blazing light piercing the medieval darkness, the Magna Carta illuminated the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. It was unlike any legal …
The Political Economy Of "Constitutional Political Economy",
2016
Columbia Law School
The Political Economy Of "Constitutional Political Economy", Jeremy K. Kessler
Faculty Scholarship
Since the early 1990s, constitutional history has experienced a renaissance. This revival had many causes, but three stand out: the Rehnquist Court's attack on formerly sacrosanct features of the "New Deal agenda"; Reagan-Era reassessments of American political development by political scientists, historians, and historical sociologists; and the frustration of constitutional scholars with the inability of legal process theory or political philosophy to produce "authoritative constitutional principles." Spurred by legal crisis and this mix of disciplinary innovation and stagnation, law professors began to tell new stories about our constitutional heritage. They focused on the sources and significance of the New Deal's …
Debunking Humphrey's Executor,
2016
University of Michigan Law School
Debunking Humphrey's Executor, Daniel A. Crane
Articles
The Supreme Court’s 1935 Humphrey’s Executor decision paved the way for the modern administrative state by holding that Congress could constitutionally limit the President’s powers to remove heads of regulatory agencies. The Court articulated a quartet of features of the Federal Trade Commission’s (“FTC”) statutory design that ostensibly justified the Commission’s constitutional independence. It was to be nonpartisan and apolitical, uniquely expert, and performing quasi-legislative and quasi-judicial, rather than executive, functions. In recent years, the staying power of Humphrey’s Executor has been called into question as a matter of constitutional design. This Essay reconsiders Humphrey’s Executor from a different angle. …
