Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons™

Open Access. Powered by Scholars. Published by Universities.®

10,003 Full-Text Articles 6,084 Authors 12,142,411 Downloads 200 Institutions

All Articles in Legal History

Faceted Search

10,003 full-text articles. Page 206 of 207.

A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin 2010 University of Colorado Law School

A Defensible Defense?: Reexamining Castle Doctrine Statutes, Benjamin Levin

Publications

Recent years have seen a proliferation of so-called “castle doctrine” statutes – laws that provide home dwellers with more expansive self-defense protections if they resort to lethal force in confrontations with intruders. The passage of such laws and subsequent uses of the defense have captured the public imagination, prompting significant media attention, as well as skeptical and critical scholarship from the legal academic community.

Considering the current prevalence of castle laws and the often polarized nature of the debate concerning their application, this Article argues that it is important to excavate the doctrine from the culture wars rhetoric in which …


Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist 2010 University of Oklahoma College of Law

Worcester V. Georgia: A Breakdown In The Separation Of Powers, Matthew L. Sundquist

American Indian Law Review

No abstract provided.


The Vitality Of The American Sovereign, Todd E. Pettys 2010 University of Iowa College of Law

The Vitality Of The American Sovereign, Todd E. Pettys

Michigan Law Review

The proposition that "the people" are the preeminent sovereign in the United States has long been a tenet of American public life. The authors of the Declaration of Independence characterized the American people's sovereignty as a "self-evident" truth when announcing the colonies' decision to sever their ties with Great Britain, the delegates to the Philadelphia Convention in 1787 invoked the people's sovereignty when framing the nation's Constitution, and Americans today exercise their sovereignty each time they cast their ballots on Election Day. Yet what prerogatives, precisely, does the people's sovereignty entail? In modern America, where neither a bloody revolution nor …


Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter 2010 Seattle University School of Law

Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter

Seattle University Law Review

Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …


Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii 2010 Seattle University School of Law

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …


Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter 2010 Seattle University School of Law

Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter

Seattle University Law Review

This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …


Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot 2010 Seattle University School of Law

Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot

Seattle University Law Review

This paper offers some tentative suggestions as to why Berle’s work has been read and interpreted so selectively in the United Kingdom. I suggest that this must be partly attributable to the historical developments in English company law that entrenched the notion of shareholder ownership claims. Specifically, unincorporated associations’ normative values—that members are owners and there is no distinction between small organizations with no share dispersal and large organizations with wide share dispersal—have a continuing influence on this entrenched notion of shareholder ownership claims. First, I provide an overview of the origins of English company law. Next, I address how …


Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins 2010 Fordham University School of Law

Feminism As Liberalism: A Tribute To The Work Of Martha Nussbaum Symposium: Honoring The Contributions Of Professor Martha Nussbaum To The Scholarship And Practice Of Gender And Sexuality Law: Feminism And Liberalism, Tracy E. Higgins

Faculty Scholarship

In this essay, I revisit and expand an argument I have made with respect to the limited usefulness of liberalism in defining an agenda for guaranteeing women's rights and improving women's conditions. After laying out this case, I discuss Martha Nussbaum's capabilities approach to fundamental rights and human development and acknowledge that her approach addresses to a significant degree many of the objections I and other feminist scholars have raised. I then turn to fieldwork that I have done in South Africa on the issue of custom and women's choices with regard to marriage and divorce. Applying Professor Nussbaum's capabilities …


Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson 2010 Fordham University School of Law

Administering The Second Amendment: Law, Politics, And Taxonomy , Nicholas J. Johnson

Faculty Scholarship

This article anticipates the post-McDonald landscape by assessing the right to arms in the context of several state regulations and the arguments that might be employed as challenges to them unfold. So far, the core test for determining the scope of the individual right to arms is the common use standard articulated in District of Columbia v. Heller. Measured against that, standard firearm regulations fit into three categories. The first category contains laws that are easily administered under the common use standard. The second category – and the primary focus of this article – consists of laws that can be …


Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson 2010 University of Michigan School of Law

Review Of Understanding Labor And Employment Law In China, By Ronald C.Brown, Nicholas C. Howson

Reviews

Any attempt to analyze China’s comprehensive labor reform over the past three decades faces at least two dilemmas. First, the analyst must confront the task of describing how the Chinese state has dismantled the “work unit” (or danwei)- based “iron rice bowl” employment and entitlements system, replacing that comforting but low-production employment and social security scheme with formally-proclaimed legal rights and institutions apparently designed to protect employees in a functioning labor market. Second, the analyst must track how the state’s commitment (at all levels of government) to implementation of proclaimed legal and institutional protections has waxed and waned, based upon …


Ugly American Hermeneutics, Francis J. Mootz III 2010 Pacific McGeorge School of Law

Ugly American Hermeneutics, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz III 2010 Pacific McGeorge School of Law

Perelman's Theory Of Argumentation And Natural Law, Francis J. Mootz Iii

McGeorge School of Law Scholarly Articles

No abstract provided.


Who Judges? Who Cares? History Now And Then, Barbara Aronstein Black 2010 Columbia University Law School

Who Judges? Who Cares? History Now And Then, Barbara Aronstein Black

Faculty Scholarship

There are two strands of history: Call them strand A and strand B. A: "How independent are those who judge?" B: "Where is the judicial power located?" At a high enough level of abstraction the strands merge (as, at a high enough level of abstraction, what does not?). The issue then becomes whether in a given society all judging is in the hands of independent judges. And the point is that there are two ways of avoiding the decision of cases by independent judges, corresponding, naturally, to the two strands of history:

[A] Through the judges: Punish them, reward them, …


Judge Bell And Professional Courage, Larry D. Thompson 2010 University of Georgia School of Law

Judge Bell And Professional Courage, Larry D. Thompson

Scholarly Works

This article eulogizes Judge Griffin B. Bell, with an emphasis on the importance of professional standards in the legal field.


The Interpretation-Construction Distinction, Lawrence B. Solum 2010 Georgetown University Law Center

The Interpretation-Construction Distinction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!

The basic idea can be explained by …


Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein 2010 Benjamin N. Cardozo School of Law

Sharing The Stage: Using Title Vii To End Discrimination Against Female Playwrights On Broadway, Marisa Rothstein

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez 2010 American University Washington College of Law

The Right To Confrontation Compromised: Monolingual Jurists Subjectively Assessing The English-Language Abilities Of Spanish-Dominant Accused, Lupe S. Salinas, Janelle Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol 2010 American University Washington College of Law

Insiders Versus Outsiders: A Game-Theoretic Analysis Of The Puerto Rican Status Debate And Other “Legislative Wars Of Attrition” , F. E. Guerra-Pujol

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Shaking Out The Welcome Mat For An Enduring Latcrit Social Movement, Elvia R. Arriola 2010 American University Washington College of Law

Shaking Out The Welcome Mat For An Enduring Latcrit Social Movement, Elvia R. Arriola

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda 2010 American University Washington College of Law

The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Digital Commons powered by bepress