Legal History eJournal最新文献_第10页

The Constitution of History and Memory 历史与记忆的构成

Legal History eJournal Pub Date : 2009-05-11 DOI: 10.1017/CBO9780511657535.017

A. Gross

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引用次数: 1

Democracy in America: Labor Mobility, Ideology, and Constitutional Reform 美国的民主:劳动力流动、意识形态和宪法改革

Legal History eJournal Pub Date : 2009-01-27 DOI: 10.2139/ssrn.1002462

Roger D. Congleton

引用次数: 0

The Law of Many Faces: Antebellum Contract Law Background of Reconstruction-Era Freedom of Contract 多面法:重建时代契约自由的战前合同法背景

Legal History eJournal Pub Date : 2008-12-15 DOI: 10.1093/AJLH/49.1.61

J. Fox

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引用次数: 4

Bargaining Over a New Welfare State: A Model of the Regional Distribution of New Deal Funds 为一个新的福利国家讨价还价:一个新政资金区域分配的模型

Legal History eJournal Pub Date : 2008-11-15 DOI: 10.2139/ssrn.1287640

A. Bonatti, Kaj Thomsson

引用次数: 1

Discourses on Corporate Law 公司法论述

Legal History eJournal Pub Date : 2008-10-24 DOI: 10.2139/SSRN.1394420

C. Angelici

引用次数: 0

Recovering Access: Rethinking the Structure of Federal Civil Rulemaking 恢复准入:对联邦民事规则制定结构的再思考

Legal History eJournal Pub Date : 2008-09-12 DOI: 10.2139/SSRN.1266315

Brooke D. Coleman

{"title":"Recovering Access: Rethinking the Structure of Federal Civil Rulemaking","authors":"Brooke D. Coleman","doi":"10.2139/SSRN.1266315","DOIUrl":"https://doi.org/10.2139/SSRN.1266315","url":null,"abstract":"Access to the justice system, which I broadly define as the opportunity to resolve the merits of a legal claim, is declining. One source of this decline is the Civil Rules. In this article, I examine how the institutional failings of the civil rulemaking process have allowed for the production of rules that diminish access. Rule 1 of the Federal Rules of Civil Procedure provides that the Civil Rules should facilitate the \"just, speedy, and inexpensive resolution\" of legal claims. While the Civil Rules Committee considers this timeworn mandate when drafting the rules, there is no agreement about how to interpret this three-part directive. I argue that one interpretive principle should be access to the justice system. Examining the history, I demonstrate that proponents of the Rules Enabling Act and court-based rulemaking envisioned and designed the rules with access firmly in mind. Indeed, although access was not the only concern, it was on equal footing with competing concerns, such as systemic efficiency. Over time, as the perception of a litigation explosion has created political pressure to reduce access to the justice system, rulemakers have responded by creating rules that do just that. I argue that access should be restored to its original status as a co-equal principle of civil rulemaking and that one way to do so is to modify the structure of the rulemaking process. Under the current institutional structure, the rulemaking body is more attuned to a view of litigation intent on reducing access. I offer a spectrum of structural reforms that have the potential to reduce this bias. These proposals include modifying the Committee's composition to be more representative of litigants and passing legislation that mandates access will be considered in the rulemaking process.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126762350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

The Insanity Defence in Criminal Law: Strategies of Choice or of Constraint? 刑法中的精神错乱辩护:选择策略还是约束策略?

Legal History eJournal Pub Date : 2008-09-07 DOI: 10.2139/SSRN.1290057

Audrey Guinchard

引用次数: 0

Power Politics and the Rule of Law: Shakespeare's First Historical Tetralogy and Law's ‘Foundations’ 权力政治与法治:莎士比亚的第一部历史四部曲与法律的“基础”

Legal History eJournal Pub Date : 2008-08-12 DOI: 10.1093/OJLS/GQP003

Eric Heinze

引用次数: 11

Contract Enforcement and Institutions Among the Maghribi Traders: Refuting Edwards and Ogilvie 马格里布商人中的契约执行和制度:对爱德华兹和奥吉维的反驳

Legal History eJournal Pub Date : 2008-06-30 DOI: 10.2139/ssrn.1153826

A. Greif

{"title":"Contract Enforcement and Institutions Among the Maghribi Traders: Refuting Edwards and Ogilvie","authors":"A. Greif","doi":"10.2139/ssrn.1153826","DOIUrl":"https://doi.org/10.2139/ssrn.1153826","url":null,"abstract":"Edwards and Ogilvie dispute the empirical basis of the view that a multilateral reputation mechanism mitigated agency problems among the eleventh-century Maghribi traders. They allege that the relations among merchants and agents were founded in law. This paper refutes this assertion using comprehensive quantitative analyses of all available primary sources and a careful review of the documents and the literature Edwards and Ogilvie cite. Among recent new quantitative findings reported: (1) less than one percent of the documents’ content is devoted to legal activity on any matter. (2) The legal system was mainly used for mandatory, non-trade related matters. (3) The documents reflect thousands of agency relations but there are less than six court documents possibly reflecting its use in agency disputes. (4) A ten percent random sample of all the documents finds no trade-related legal actions among Maghribis beyond those in the court documents. (5) About 75 percent of agency relations were not based on a legal contract. The paper also reaffirms the accuracy of Greif’s documentary examples and sheds light on the roles of the legal system and reputation mechanism during this period.","PeriodicalId":254768,"journal":{"name":"Legal History eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129259980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 77

Reconciling Faith, Reason, and Freedom: Catholicism and Evolution from Scopes to Dover 调和信仰、理性与自由:从斯科普斯到多佛的天主教与进化

Legal History eJournal Pub Date : 2008-02-23 DOI: 10.2139/ssrn.1097098

Christopher M. Hammer

引用次数: 0