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    - LAW: GENERAL (11 journals)

LAW: GENERAL (11 journals)

Showing 1 - 11 of 11 Journals sorted alphabetically
American Journal of Legal History     Full-text available via subscription   (Followers: 12)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Connecticut Law Tribune     Full-text available via subscription  
Estudios de Derecho     Open Access   (Followers: 2)
Ius Et Veritas     Open Access   (Followers: 4)
Journal of Scholarly Perspectives     Open Access   (Followers: 1)
Notre Dame Law Review     Open Access   (Followers: 1)
Restorative Justice     Full-text available via subscription   (Followers: 6)
Revista Interdisciplinar de Direito     Open Access   (Followers: 2)
Transportrecht     Hybrid Journal   (Followers: 1)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Similar Journals
Journal Cover
American Journal of Legal History
Journal Prestige (SJR): 0.116
Number of Followers: 12  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0002-9319 - ISSN (Online) 2161-797X
Published by Oxford University Press Homepage  [415 journals]
  • Revisiting the Critiques of Those Who Upheld the Fugitive Slave Acts in
           the 1840s and ‘50s
    • Authors: Karsten P.
      Pages: 291 - 325
      Abstract: Several legal scholars have criticized five antebellum justices–Joseph Story, John McLean, Lemuel Shaw, Benjamin Robbins Curtis, and Joseph Swan–for their having been unable or unwilling to defy the 1793 and 1850 Fugitive Slave Acts. They have argued that a morally “correct” path could and should have been hewn out and followed by these justices to release those claimed by slave-catchers, and to protect from prosecution those aiding fugitives. I disagree with their verdicts with regard to four of these jurists, and partly with regards to the fifth. The critics offer insufficient regard for their perspectives from the bench as well as relevant historical evidence that supports the justifications provided by them: Firstly, in that they had sworn to respect and uphold the law of the land. And secondly, in that they maintained that refusing to enforce these fugitive slave statutes could well lead to the dissolution of a Union these jurists regarded as profoundly important, for reasons, again, that their modern critics have insufficiently recognized or appreciated.
      PubDate: Fri, 17 Aug 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy009
      Issue No: Vol. 58, No. 3 (2018)
       
  • The Law Wars in Massachusetts, 1830-1860: How a Band of Upstart Radical
           Lawyers Defeated the Forces of Law and Order, and Struck a Blow for
           Freedom and Equality Under Law
    • Authors: Lahav A; Newmyer R.
      Pages: 326 - 359
      Abstract: The article reframes the debate on the period of rebellion against the fugitive slave clause in Massachusetts in the period leading up to the Civil War. Traditionally this story has been framed as a battle between the Christian morality of the Garrisonians and the positivism of the law-and-order conservatives. In fact, there was a third alternative, one that prevailed for a brief time, grounded in legal principles of due process and equality before the law. We show how the radical lawyers confronted and defeated the conservative legal elite, including the likes of Joseph Story, Daniel Webster and Benjamin Robbins Curtis, using legal arguments and a comprehensive litigation strategy. The story we tell has implications for today, when lawyers and scholars debate the power of legal arguments to effect social change.
      PubDate: Wed, 02 May 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy005
      Issue No: Vol. 58, No. 3 (2018)
       
  • “O Amherst, Where is Thy Shame'”: Republican Opposition to
           Federalist Policies in a New England Town
    • Authors: Siggelakis S; Mignanelli N.
      Pages: 360 - 393
      Abstract: This paper examines the impact of Federalist Party policies in the small New Hampshire town of Amherst during the last two years of the eighteenth century. Drawing upon local histories and primary sources, including private letters and local newspaper archives, the authors portray a town rent by internal divisions of party, religion, and lifestyle. Their conflicts are set within the larger context of American national politics and the diverse voices throughout the states, concerned about the direction of the new republic. Key local actors in the struggle to petition the United States Congress over the Alien, Sedition, and Direct Tax Acts are described, along with their various interactions. Satiric poetry is shown as one important way in which partisans attacked one another through the press, in addition to threats and rumor-mongering. Yet, cogent arguments about political power are also present in these interactions, attesting to an engaged citizenry that is invested in this new representative democracy during the perilous last years of the century. This paper concludes with a description of how the tension among two different groups of partisans, Federalist and Republicans, led to the official splintering of one town into two, with the more strongly Republican section emerging as the new town of Mont Vernon.
      PubDate: Thu, 09 Aug 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy011
      Issue No: Vol. 58, No. 3 (2018)
       
  • Judicial Intervention in Early Corporate Governance Disputes:
           Vice-Chancellor Shadwell’s Lost Judgment in Mozley v Alston (1847)
    • Authors: Barnes V.
      Pages: 394 - 413
      Abstract: Mozley v Alston is usually used in Anglo-American corporate law as an authority to demonstrate the premise that courts are reluctant to intervene in disputes between shareholders and directors. Using new archival sources, this article reinvestigates this case, its trajectory and its meaning as a legal precedent. Vice-Chancellor Shadwell’s judgment in the lawsuit, although never published in a printed law report, can be found in manuscript form in the National Archives in the United Kingdom. It, along with other documentation from the litigants and their solicitors, provides a new lens through which to view the case. Unlike the rule that we have today, Shadwell’s lost judgment shows that he supported judicial intervention in corporate governance disputes. Shadwell concurred with the arguments made by the shareholders’ counsel and agreed that the directors had abandoned their duties. He ordered that a court of equity should step in to assist the complainants. Despite the clarity of Shadwell’s ruling, it was ultimately overturned when the decision was appealed to Lord Chancellor Cottenham. This litigation, when placed in its original social and economic context, provides us greater insight into the role of counsel in shaping complaints, the views of the shareholders, directors, and managers as litigants, and the divisions and debates among members of the judiciary about modern company law.
      PubDate: Tue, 28 Aug 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy010
      Issue No: Vol. 58, No. 3 (2018)
       
  • David Barker, A History of Australian Legal Education
    • Authors: Lunney M.
      Pages: 414 - 415
      Abstract: BarkerDavid, A History of Australian Legal Education (Sydney: Federation Press, 2017). Pp. xii + 275 pages. AU$55.00 paperback. ISBN 978-1-76002-142-9.
      PubDate: Fri, 10 Aug 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy014
      Issue No: Vol. 58, No. 3 (2018)
       
  • Dante Fedele, Naissance de la diplomatie moderne (XIIIe-XVIIe siècles).
           L’ambassadeur au croisement du droit, de l’éthique et de la politique
           
    • Authors: Dhondt F.
      Pages: 416 - 418
      Abstract: FedeleDante, Naissance de la diplomatie moderne (XIIIe-XVIIe siècles). L’ambassadeur au croisement du droit, de l’éthique et de la politique [Studien zur Geschichte des Völkerrechts; 36]. (Baden/Zürich-Sankt Gallen : Nomos Verlag/Dikè Verlag, 2017) P 846. € 198. ISBN: 9783848741274 and 9783037519417.
      PubDate: Thu, 16 Aug 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy015
      Issue No: Vol. 58, No. 3 (2018)
       
  • Shaunnagh Dorsett, Juridical Encounters: Ma-ori and the Colonial Courts
           1840 – 1852
    • Authors: Sanders K.
      Pages: 418 - 420
      Abstract: DorsettShaunnagh, Juridical Encounters: Ma-ori and the Colonial Courts 1840 – 1852 (Auckland: Auckland University Press, 2017). Pp. 344. NZD $49.99 ISBN: 9781869408640.
      PubDate: Thu, 20 Sep 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy012
      Issue No: Vol. 58, No. 3 (2018)
       
  • Guido Rossi, Insurance in Elizabethan England. The London Code
    • Authors: De ruysscher D.
      Pages: 420 - 423
      Abstract: RossiGuido, Insurance in Elizabethan England. The London Code, [Cambridge Studies in English Legal History], (Cambridge: Cambridge University Press, 2016), Pp. xv + 883.
      PubDate: Fri, 17 Aug 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy016
      Issue No: Vol. 58, No. 3 (2018)
       
  • Mark Lunney, A History of Australian Tort Law 1901–1945:
           England’s Obedient Servant'
    • Authors: Kha H.
      Pages: 423 - 424
      Abstract: LunneyMark, A History of Australian Tort Law 1901–1945: England’s Obedient Servant' (Cambridge: Cambridge University Press, 2018). Pp. xxiv + 287. £85.00 (hardback). ISBN: 9781108423311.
      PubDate: Mon, 23 Jul 2018 00:00:00 GMT
      DOI: 10.1093/ajlh/njy013
      Issue No: Vol. 58, No. 3 (2018)
       
 
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