• Guerra-Pujol on Die Adam Smith Probleme

    Updated: 2023-06-29 22:09:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 29, 2023 Guerra-Pujol on Die Adam Smith Probleme F . E . Guerra-Pujol , Pontifical Catholica University of Puerto Rico University of Central Florida , has published Die Adam Smith Probleme Here is the abstract . The German mathematician David Hilbert famously identified 23 unsolved problems in mathematics in 1900. Following David Hilbert’s example , this paper contributes to the literature on Adam Smith by identifying a number of unsolved problems involving the life and work of the great philosopher-economist Adam Smith . For reference , my list of Adam Smith problems” will be divided into three broad categories : Smith the flesh-and-blood man , Smith the public intellectual ,

  • Roberts on A Poetics of Trademark Law @lexlanham @NUSL @BerkeleyTechLJ

    Updated: 2023-06-26 18:55:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 26, 2023 Roberts on A Poetics of Trademark Law lexlanham NUSL BerkeleyTechLJ Alexandra J . Roberts , Northeastern University School of Law , is publishing A Poetics of Trademark Law in volume 38 of the Berkeley Technology Law Journal 2023 Here is the abstract . Poetry and trademarks have a lot in common . Both use language to persuade . Both aspire to say much with little . Both deal in ambiguity , though perhaps only poetry is content to reside in it permanently . While poetry is associated with education and erudition , trademarks are considered a lingua franca , readily understood by all . But reading a trademark remains , in the words of Laura Heymann , at heart , an

  • James on The Mess of Dillegrout @GB2d @pillsburylaw

    Updated: 2023-06-21 13:43:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 21, 2023 James on The Mess of Dillegrout GB2d pillsburylaw Robert A . James , Pillsbury Winthrop Shaw Pittman LLP , has published The Mess of Dillegrout at 26 Green Bag 2d 41 2022 Here is the abstract . Anglo-American land law is now founded on free socage tenure , where rights superior to any other landlord are held in exchange for purchase money or other property . A vestigial exception in the UK is the grand serjeanty tenure , which was largely abolished but is still relevant to services rendered to the King or Queen on certain holidays and ceremonies . This article reviews the grand serjeanty services in general and then focuses in detail on the service of providing a bowl of

  • Weinrib on Law, History, and the Interwar ACLU's Jewish Lawyers @OxUniPress @Harvard_Law

    Updated: 2023-06-20 02:45:00
    : , , skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 19, 2023 Weinrib on Law , History , and the Interwar ACLU's Jewish Lawyers OxUniPress Harvard_Law Laura Weinrib , Harvard Law School , is publishing Law , History , and the Interwar ACLU's Jewish Lawyers in In Between and Across : Legal History Without Borders Jacob Katz Cogan Kenneth Mack , eds . Oxford University Press , Forthcoming Here is the abstract . This chapter , for an edited volume on legal history honoring the career of Hendrik Hartog , explores the influence of Jewish lawyers’ identity on the strategies and goals of the interwar ACLU and , more broadly , on the emergence in the United States of a constitutional and court-centered concept of civil liberties .

  • Littlewood on Nothing New Under the Sun: Tax Avoidance in Otago in 1856

    Updated: 2023-06-16 15:28:00
    Michael Littlewood, University of Auckland Faculty of Law, has published Nothing New under the Sun: Tax Avoidance in Otago in 1856. Here is the abstract. This paper examines a rule against tax avoidance enacted by the legislature of the New Zealand province of Otago in 1856. The tax was a toll collectable by licensed operators of ferries over rivers; and the rule required persons crossing the river to pay the toll, even if they did not use the ferry. Download the paper from SSRN at the link.

  • Littlewood on Public Nuisance in Aotearoa New Zealand in 1849

    Updated: 2023-06-15 14:55:00
    Michael Littlewood, University of Auckland Faculty of Law, has published Public Nuisance in Aotearoa New Zealand in 1849. Here is the abstract. This paper examines the Constabulary Force Ordinance enacted by the legislature of the New Zealand Province of New Munster in 1849. This is worth doing because the Ordinance is revealing of life in colonial New Zealand at the time. Download the paper from SSRN at the link.

  • Barzun and Goldberg on The Nature of the Judicial Process at 100 (Introduction) @UVALaw @Harvard_Law

    Updated: 2023-06-14 20:38:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 14, 2023 Barzun and Goldberg on The Nature of the Judicial Process at 100 Introduction UVALaw Harvard_Law Charles L . Barzun , University of Virginia School of Law , and John C . P . Goldberg , Harvard Law School , have published Introduction : The Nature of the Judicial Process at 100 as Virginia Public Law and Legal Theory Research Paper No . 2023-46. Here is the abstract . This short essay introduces a symposium issue of the Yale Journal of Law and the Humanities honoring the centenary of the publication of Benjamin Cardozo’s The Nature of the Judicial Process . The essay explains our motivating rationale for the symposium and then briefly summarizes the essays and comments

  • Malloy on Adam Smith's Market Jurisprudence @SUCollegeofLaw @SyracuseLRev

    Updated: 2023-06-09 17:00:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 9, 2023 Malloy on Adam Smith's Market Jurisprudence SUCollegeofLaw SyracuseLRev Robin Paul Malloy , Syracuse University College of Law , has published Adam Smith's Market Jurisprudence at 73 Syracuse Law Review 159 2023 Here is the abstract . Perhaps the most important and fundamental lesson of Adam Smith’s theory of jurisprudence for contemporary lawyers is that successful communities share a commitment to the rule of law and to the primacy of justice . As represented by the metaphor of the impartial spectator , the rule of law requires rational and impartial decision-making in accordance with due process . The rule of law is not merely an expression of economic or political

  • CFP: Judicial Rhetoric: A Symposium

    Updated: 2023-06-09 13:35:00
    : : : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 9, 2023 CFP : Judicial Rhetoric : A Symposium CFP : Judicial Rhetoric : A Symposium April 5, 2024 University of Virginia School of Law In collaboration with Case Western Reserve University Judicial writing is a genre in flux . While court opinions remain both potent and controversial , many judges explicitly write for lay audiences or to entertain specialists . The resulting documents are quoted by the press , invoked at confirmation hearings , and memed in social media . Judges have been praised or blamed for cracking jokes , sharing hoary vignettes , and reciting song lyrics . Commentators might be forgiven for missing an older approach to judicial writing , one marked by a

  • Weinrib on Law, History, and the Interwar ACLU's Jewish Lawyers @Harvard_Law @OUPLaw

    Updated: 2023-06-07 14:40:00
    : , , skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 7, 2023 Weinrib on Law , History , and the Interwar ACLU's Jewish Lawyers Harvard_Law OUPLaw Laura Weinrib , Harvard Law School , is publishing Law , History , and the Interwar ACLU's Jewish Lawyers in In Between and Across : Legal History Without Borders Jacob Katz Cogan Kenneth Mack , eds . Oxford University Press , Forthcoming Here is the abstract . This chapter , for an edited volume on legal history honoring the career of Hendrik Hartog , explores the influence of Jewish lawyers’ identity on the strategies and goals of the interwar ACLU and , more broadly , on the emergence in the United States of a constitutional and court-centered concept of civil liberties . Between

  • Sandefur on the Origins of the Arizona Gift Clause @TimothySandefur @GoldwaterInst

    Updated: 2023-06-05 14:52:00
    : skip to main skip to sidebar Law Humanities Blog A blog about law , the humanities , and popular culture June 5, 2023 Sandefur on the Origins of the Arizona Gift Clause TimothySandefur GoldwaterInst Timothy Sandefur , Goldwater Institute , is publishing The Origins of the Arizona Gift Clause in the Regent University Law Review . Here is the abstract . At least 45 state constitutions contain provisions barring the government from giving or lending public resources to private interests . Typically called Gift Clauses , 8221 they are a legacy of the nineteenth century , when many state and local governments were plunged into economic and political ruin as a consequence of subsidizing private industry . Over time , some state courts have essentially eviscerated them by adopting a lackluster

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