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Jefferson, Madison, and Marshall: The Law of Nations and the New Republic

Mark Weston Janis

in America and the Law of Nations 1776-1939

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199579341
eISBN:
9780191722653
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579341.003.0002
Subject:
Law, Public International Law, Legal History

No group of America's leaders has ever been more mindful of the law of nations than were the Founding Fathers. This chapter tells a little of that story. It begins with American perceptions of the ... More


The Reception of Common Law Marriage in the United States

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0004
Subject:
Law, Family Law

This chapter examines common law marriage in the United States. Topics discussed include the origins of common law marriage, American reception of common law marriage in the 1800s and early 1900s, ... More


The Legal Adoption of Discovery in the United States

Robert J Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

in Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579815
eISBN:
9780191594465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579815.003.0002
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter shows how Discovery was imported and expressly adopted into American colonial and state law in royal charters and colonial and state constitutions, governments, and courts. It explains ... More


The Constrained Court: Law, Politics, and the Decisions Justices Make

Michael A. Bailey and Forrest Maltzman

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691151045
eISBN:
9781400840267
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151045.001.0001
Subject:
Law, Legal History

How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? This book combines new theoretical ... More


Cohabitation, Holding Out, and Reputation as Spouses

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0008
Subject:
Law, Family Law

This chapter examines how cohabitation in American law is assigned a different function as a requisite, i.e., as a necessary requirement for the establishment of a common law marriage in addition to ... More


Gender, Caste, and Law

Cass R. Sunstein

in Women, Culture, and Development: A Study of Human Capabilities

Published in print:
1995
Published Online:
November 2003
ISBN:
9780198289647
eISBN:
9780191596698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198289642.003.0014
Subject:
Economics and Finance, Development, Growth, and Environmental

Sunstein explores the issue of law and its impact on women's quality of life, scrutinizing how law sustains and supports discrimination against women and how it might embody a commitment to sex ... More


American Search and Seizure, 1776–1787: The Years of Paradox

William J. Cuddihy

in The Fourth Amendment: Origins and Original Meaning 602 - 1791

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195367195
eISBN:
9780199867448
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367195.003.0023
Subject:
Law, Legal History

This chapter shows that between 1776 and 1787, the American law of search and seizure underwent a transformation that separated it from British law. The most obvious mark of that transformation was ... More


Law and Legal Theory in England and America

Richard A. Posner

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264712
eISBN:
9780191682773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264712.001.0001
Subject:
Law, Comparative Law

This book explores the relationship between the legal systems of the UK and USA. The chapters in this volume range widely over themes. The first chapter compares the work of the two most prominent ... More


Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights

Pedro Nikken

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter recalls that the inter-American system of human rights protects property as an individual right. However, the system is not the forum to protect business activity against arbitrary acts ... More


Being REASONABLE: A Key Anglo Value and Its Cultural Roots

Anna Wierzbicka

in English: Meaning and Culture

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195174748
eISBN:
9780199788514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195174748.003.0004
Subject:
Linguistics, English Language

This chapter investigates, in a historical and cultural perspective, the meaning of the word reasonable, and in particular, of the phrases reasonable man and reasonable doubt, which play an important ... More


Introduction

Jeff Manza and Christopher Uggen

in Locked Out: Felon Disenfranchisement and American Democracy

Published in print:
2006
Published Online:
May 2012
ISBN:
9780195149326
eISBN:
9780199943975
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195149326.003.0010
Subject:
Sociology, Law, Crime and Deviance

This introductory chapter sets out the purpose of the book, which is to analyze and interpret felon disenfranchisement laws in the United States. It examines whether and how large-scale ... More


Introduction

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0001
Subject:
Law, Family Law

This chapter begins with a discussion of common law marriage in American law, including its definition, jurisdictions that recognize common law marriage, and the need for more in-depth legal ... More


United States

Paul R. Dubinsky

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0027
Subject:
Law, Public International Law

The status of international law in the US legal system, at this point in time, is a moving picture. So much of importance is so fluid. The law is unsettled because so many of the legal questions ... More


Foundations of State Punishment in Modern Liberal Democracies: Toward a Genealogy of American Criminal Law

Markus D Dubber

in Philosophical Foundations of Criminal Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199559152
eISBN:
9780191725265
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559152.003.0005
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter focuses on how we should conceive of the inquiry into the foundations of criminal law, whether legal, philosophical, historical, genealogical, or political. It argues that we cannot hope ... More


Blackstone, Litchfield, and Yale: The Founding of the Yale Law School

John H. Langbein (ed.)

in History of the Yale Law School: The Tercentennial Lectures

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300095647
eISBN:
9780300128765
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095647.003.0003
Subject:
Law, Legal History

This chapter traces the origins of Yale Law School, which goes back to the earliest days of the nineteenth century, when there was as yet no university legal education. The discussions include the ... More


Islam and Islamic culture in the courts of the United States

LAWRENCE ROSEN

in The Justice of Islam: Comparative Perspectives on Islamic Law and Society

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298854
eISBN:
9780191707452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298854.003.0012
Subject:
Law, Comparative Law

American courts are increasingly addressing Muslims who appear before them. This chapter shows how these courts understand Islam, the customs of various Muslims, and allow for a range of variation ... More


Adversarial Legalism and the Emergence of a New European Legality: A Comparative Perspective

Anthony Sebok and Lars Trägårdh

in Imagining New Legalities: Privacy and Its Possibilities in the 21st Century

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804777049
eISBN:
9780804781572
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804777049.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter highlights the cultural contingency of the public/private distinction, contrasting the regime of private and public law in the United States to that in Europe. Using Blackstonian ... More


Testamentary Formalities in the United States of America

Ronald J Scalise

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0015
Subject:
Law, Company and Commercial Law

This chapter discusses major trends and significant minority positions, in addition to the philosophies and historical explanations behind the law of testamentary formalities in the United States. It ... More


Governance: Law and Regulation

Ruben Lee

in What is an Exchange?: Automation, Management, and Regulation of Financial Markets

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198297048
eISBN:
9780191685309
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198297048.003.0009
Subject:
Business and Management, Finance, Accounting, and Banking, Political Economy

This chapter discusses the main factors that affect the governance of exchanges in American federal law and regulation. The chapter is composed of two sections. The first analyzes federal laws and ... More


History of the Yale Law School: The Tercentennial Lectures

Anthony T. Kronman (ed.)

Published in print:
2004
Published Online:
October 2013
ISBN:
9780300095647
eISBN:
9780300128765
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300095647.001.0001
Subject:
Law, Legal History

The entity that became the Yale Law School started life early in the nineteenth century as a proprietary school, operated as a sideline by a couple of New Haven lawyers. The New Haven school ... More


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