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8,716 full-text articles. Page 3 of 183.

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. McSweeney 2019 William & Mary Law School

Salvation By Statute: Magna Carta, Legislation, And The King’S Soul, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Magna Carta, Civil Law, And Canon Law, Thomas J. McSweeney 2019 William & Mary Law School

Magna Carta, Civil Law, And Canon Law, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Magna Carta And The Right To Trial By Jury, Thomas J. McSweeney 2019 William & Mary Law School

Magna Carta And The Right To Trial By Jury, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Secrecy In The "Sunshine Era", Sarah McConnell, Thomas J. McSweeney 2019 William & Mary Law School

Secrecy In The "Sunshine Era", Sarah Mcconnell, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. McSweeney 2019 William & Mary Law School

Creating A Literature For The King’S Courts In The Later Thirteenth Century: Hengham Magna, Fet Asaver, And Bracton, Thomas J. Mcsweeney

Thomas J. McSweeney

The early common law produced a rich literature. This article examines two of the most popular legal treatises of the second half of the thirteenth century, Hengham Magna and Fet Asaver. It has long been recognized that these two treatises bear some relationship to each other. This article will attempt to establish that relationship, arguing that Hengham Magna and Fet Asaver were written by different people; that Fet Asaver borrows from Hengham Magna; and that the authors of both texts had independent access to the Bracton treatise. The article concludes by suggesting a new way to think about the legal ...


Happy 790th, Magna Carta!, Thomas J. McSweeney 2019 William & Mary Law School

Happy 790th, Magna Carta!, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Fiction In The Code: Reading Legislation As Literature, Thomas J. McSweeney 2019 William & Mary Law School

Fiction In The Code: Reading Legislation As Literature, Thomas J. Mcsweeney

Thomas J. McSweeney

One of the major branches of the field of law and literature is often described as "law as literature." Scholars of law as literature examine the law using the tools of literary analysis. The scholarship in this subfield is dominated by the discussion of narrative texts: confessions, victim-impact statements, and, above all, the judicial opinion. This article will argue that we can use some of the same tools to help us understand non-narrative texts, such as law codes and statutes. Genres create expectations. We do not expect a law code to be literary. Indeed, we tend to dissociate the law ...


Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. McSweeney 2019 William & Mary Law School

Between England And France: A Cross-Channel Legal Culture In The Late Thirteenth Century, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. McSweeney 2019 William & Mary Law School

Book Review Of The Oxford History Of The Laws Of England, Volume Ii, Thomas J. Mcsweeney

Thomas J. McSweeney

No abstract provided.


The Reasonable Person In Trademark Law, Laura A. Heymann 2019 William & Mary Law School

The Reasonable Person In Trademark Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.


The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy 2019 William & Mary Law School

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.


The Corpus Juris Civilis, Frederick W. Dingledy 2019 William & Mary Law School

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

Byzantine Emperor Justinian I ordered the creation of the Corpus Juris Civilis, a compilation of the laws in force at the time, which would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States' law used principles listed the Corpus as a guide, and to this day legal scholars and historians still refer to it. Despite its importance, the Corpus can seem impenetrable to researchers, citations to the Corpus enigmatic. This program will give a history of the Corpus, describe its components, and give participants tools for researching ...


The Corpus Juris Civilis, Frederick W. Dingledy 2019 William & Mary Law School

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis, created by order of Byzantine Emperor Justinian I to compile the laws in force at the time, would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States’ law used principles listed in the Corpus as a guide, and to this day legal scholars and historians still refer to it. As a system of law based on principles, not case law, the Corpus provided the framework upon which France built the Code Napoleon. The Corpus' influence can be seen in the legal systems of ...


"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy 2019 William & Mary Law School

"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

No abstract provided.


Defending Truth, Cynthia V. Ward, Peter A. Alces 2019 William & Mary Law School

Defending Truth, Cynthia V. Ward, Peter A. Alces

Peter A. Alces

No abstract provided.


Correspondence: The Stuff Of Constitutional Law, Neal Devins 2019 William & Mary Law School

Correspondence: The Stuff Of Constitutional Law, Neal Devins

Neal E. Devins

No abstract provided.


Government Lawyers And The New Deal, Neal Devins 2019 William & Mary Law School

Government Lawyers And The New Deal, Neal Devins

Neal E. Devins

No abstract provided.


The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades 2019 William & Mary Law School

The Laws Of Complexity & The Complexity Of Laws: The Implications Of Computational Complexity Theory For The Law, Eric Kades

Eric A. Kades

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades 2019 William & Mary Law School

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Eric A. Kades

No abstract provided.


The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green 2019 William & Mary Law School

The Paradox Of Auxiliary Rights: The Privilege Against Self-Incrimination And The Right To Keep And Bear Arms, Michael S. Green

Michael S. Green

According to Locke's theory of the social contract, which was widely accepted by the Founders, political authority is limited by those natural moral rights that individuals reserve against the government. In this Article, I argue that Locke's theory generates paradoxical conclusions concerning the government's authority over civil disobedients, that is, people who resist the government because they believe it is violating reserved moral rights. If the government lacks the authority to compel the civil disobedient to abide by its laws, the result is anarchism: The limits on governmental authority are whatever each individual says they are. If ...


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