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Modern Responsa: 1800 to the Present

David Novak

in An Introduction to the History and Sources of Jewish Law

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198262626
eISBN:
9780191682360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262626.003.0014
Subject:
Law, Legal History

The French Revolution, especially Napoleon's reign and its diverse consequences, brought about immense changes in the social reality faced by Jews. Also, this period signifies how the modern nation ... More


Reconsolidating Political Power in an Age of Popular Politics: Whig Reform and Social Reproduction

Mary E. Vogel

in Coercion to Compromise: Plea Bargaining, the Courts, and the Making of Political Authority

Published in print:
2007
Published Online:
March 2012
ISBN:
9780195101751
eISBN:
9780199851461
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195101751.003.0007
Subject:
Law, Legal History

This chapter examines the influence of the reconsolidation of political power on the origin of plea bargaining in Boston, Massachusetts. It highlights the influence of politics on the creation of the ... More


Conclusions and Afterthoughts

Tamar Herzog

in Defining Nations: Immigrants and Citizens in Early Modern Spain and Spanish America

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300092530
eISBN:
9780300129830
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300092530.003.0009
Subject:
Law, Legal History

This book concludes by presenting the problems regarding immigrants in Spanish America, such as how to distinguish good immigrants from bad, and who has the authority to make this decision. The ... More


The Colorado Doctrine

David Schorr

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300134476
eISBN:
9780300189049
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134476.001.0001
Subject:
Law, Legal History

Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical ... More


Dynastic Overview

Karla W. Simon

in Civil Society in China: The Legal Framework from Ancient Times to the "New Reform Era"

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199765898
eISBN:
9780199332540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765898.003.0002
Subject:
Law, Legal History

This chapter presents a dynasty-by-dynasty account of the way in which law developed in imperial China as a setting for looking into its impact on civil society. It covers the Qin dynasty (221–206 ... More


Introduction

Karla W. Simon

in Civil Society in China: The Legal Framework from Ancient Times to the "New Reform Era"

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199765898
eISBN:
9780199332540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199765898.003.0017
Subject:
Law, Legal History

This introductory chapter first sets out the book's purpose, to provide a historical and current analysis of the legal framework for civil society and citizen participation in China. It considers the ... More


The Order-Maintenance Agenda as Land-Use Policy

Nicole Stelle Garnett

in Ordering the City: Land Use, Policing, and the Restoration of Urban America

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124941
eISBN:
9780300155051
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124941.003.0007
Subject:
Law, Legal History

Land-use policies focus primarily on the regulation of private property, but their goal has long been to maximize overall community health. Therefore, evaluating order-maintenance policies through ... More


The Other: Conversos, Gypsies, Foreign Catholics, and Foreign Vassals

Tamar Herzog

in Defining Nations: Immigrants and Citizens in Early Modern Spain and Spanish America

Published in print:
2003
Published Online:
October 2013
ISBN:
9780300092530
eISBN:
9780300129830
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300092530.003.0006
Subject:
Law, Legal History

This chapter presents the book's hypothesis suggesting that the community of Spanish natives in the seventeenth and eighteenth centuries was a highly complex social and legal construction, based not ... More


The Supreme Court in the Era of Bifurcated Review V: Free Speech Cases

G. Edward White

in Law in American History, Volume III: 1930-2000

Published in print:
2019
Published Online:
May 2019
ISBN:
9780190634940
eISBN:
9780190940348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190634940.003.0012
Subject:
Law, Legal History, Constitutional and Administrative Law

Of all the areas of twentieth-century constitutional jurisprudence, that of free speech has had the most dramatic transformation. From a state of insignificance, the First Amendment has been applied ... More


Günther Jakobs’s Feindstrafrecht: A Dispassionate Account

Daniel Ohana

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0019
Subject:
Law, Criminal Law and Criminology, Legal History

When Jakobs first presented his theory of the “criminal law of the enemy” (Feindstrafrecht) at the turn of the millennium, the ensuing debate drew much attention across Continental Europe. Following ... More


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