Search Results

You are looking at 1 - 10 of 24 items for :

  • middle ages x
  • International Law, Foreign Law, Comparative Law, other x
Clear All
Open access

Deborah J. Anthony

women’s rights. Where the Anglo-Saxon wife enjoyed autonomy with most of her property, K ENNY , supra note 34, at 10. ideas and theories about the place and proper role of women began to shift and harden. The principle of coverture originated in England around the eleventh century, but it developed slowly, beginning to gain a strong hold in the late Middle Ages (1300-1500). In a system of coverture, the husband and wife became one person upon their marriage, but that person was the husband alone, making it less a merger than an annihilation. The wife lost her right

Open access

Bruce M. Owen

legitimacy by suggesting elite bias. One middle ground might be random selection from a panel of middle-income or middle-wealth citizens, perhaps with moderate educational requirements such as at least two years of postsecondary schooling. The particular suggestion in 7.1.2(a) would likely produce Members relatively well informed about public affairs, engaged, and reasonably well educated, because such people are more likely to vote. Existing studies of voting patterns by age, education, and the like will shed light on these issues. See, e.g ., J AN E. L EIGHLEY & J

Open access

Melissa Hamilton

(offense characteristics, criminal history), for who they are (race/ethnicity, age, gender) and also for what they may fail to do during the punishment process (plead guilty or express remorse).” Ronald S. Everett & Roger A. Wotkiewicz, Difference, Disparity, and Race/Ethnic Bias in Federal Sentencing , 18 J. Q UANTITATIVE C RIMINOLOGY 189, 208 (2002). Researchers commonly refer to these considerations as representing legal factors, extralegal factors, and case-processing factors. They are consistent with the focal concerns perspective regarding culpability, risk

Open access

Peter H. Huang

Introduction My life-long curiosity, interest, and passion about education, higher education, learning, and teaching started at a young age when my tiger mom Peter H. Huang, Tiger Cub Strikes Back: Memoirs of an Ex-Child Prodigy About Legal Education and Parenting , 1 Brit. J. Am. Legal Stud. 297, 297, 300 (2012). purchased for me a set of Ivy League book covers when I was six years old in the first grade at Public School (P.S.) 183 and explained that there are eight schools in the Ivy League: Harvard, Yale, Princeton, and five other places. Peter H

Open access

Erik M. Jensen

gives a misleading idea of Franklin’s meaning and the Concurrent Resolution because it’s nonsense on stilts promulgated by a political body, not a group of scholars. A The Franklin Letter In the letter to Parker, according to footnote 7, Franklin “observed … that the success of the Iroquois Confederacy, which ‘has subsisted ages, and appears indissoluble,’ demonstrated the feasibility of union for the colonies.” Developments , at 1710 n.7 (citing and quoting Letter from Benjamin Franklin to James Parker (Mar. 20, 1750/51) [hereinafter Franklin Letter

Open access

Bruce G. Peabody

stew of partisan and ideological uncertainty about the future direction of courts and parties. More broadly, this article provides a framework for understanding the separation of powers in an age of hyper-partisanship and anticipating the consequences of the inevitable future collisions between the administration’s political imperatives, the courts’ judgments, and the broad course of public policy hashed out in the nation’s capital and fifty states. I The Recent Context of Interbranch Conflict An initial expectation that the Trump administration’s relations with

Open access

John Passant

viewpoint of Marxists as compared to others, especially in academia: The law locks up the man or woman Who steals a goose from off the common, But leaves the greater villain loose Who steals the common from under the goose. 15th century, English, Anonymous, quoted by Ollman, supra note 10, at 155. The commons, of course, was the land owned by everyone in the village. By the late Middle-Ages, feudal lords were claiming this land as their own private property. In universities today, we can discern two opposing kinds of scholarship—that which studies the people who

Open access

John Vlahoplus

Rogers v . Bellei is an instructive example of the Court’s precedents. Aldo Mario Bellei was born in Italy to an American mother and an alien father. The applicable naturalization statute granted him citizenship at birth subject to a condition subsequent requiring five years of continuous physical presence in the United States between the ages of fourteen and twenty eight. Bellei was a citizen at birth under the statute and traveled internationally on a U.S. passport. See Rogers v. Bellei, 401 U.S. 815, 817, 819 (1971). However, he failed to meet the five year

Open access

James Allan

that age-old jurisprudential question, for which their years of study in the law have so well prepared them: Is someone riding around a golf course from shot to shot really a golfer? The answer , we learn , is yes . The Court ultimately concludes , and it will henceforth be the Law of the Land , that walking is not a “ fundamental ” aspect of golf .” PGA Tour Inc., v. Martin, 532 U.S. 661, 700 (Scalia, J.) (2001). “A law can be both economic folly and constitutional.” CTS Corp., v. Dynamics Corp. of America, 481 US 69, 96-7 (Scalia, J.) (1987). Next

Open access

Thomas Halper

note 26, at 132. Second, on judicial review, Marshall finds “no middle ground,” Supra note 12, at 177. but others have seen it differently. For example, in a well known dissent in a Pennsylvania case, a judge indicated that courts could declare a law void if it had been enacted in an unconstitutional manner, though review targeting the substance of laws he considered unjustified. Eakin v. Raub, 12 Sergeant & Rawle 330 (Penn. 1825) (Gibson, J.). Taking a different tack, the Supreme Court a century after Marshall’s death, United States v. Carolene Products, 304 U