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Search results for: “list of top 10 legal articles in shapiros citation data”

  • Constitutions

    Constitutions Identifying Constitutions: the concept of a constitution and its relationship with written documents A crucial, and not at all trivial, step is to identify a country ‘s “constitution” at any given time. The flood of institutional research over the last two decades has expanded and diluted the concept of a constitution. For many, constitutions…

  • Linked Data Principles to Legal Information

    Linked Data and Law (Legal Information) Note: see the Encyclopedia’ Linked Data project at Lawi Metadata Bob DuCharme discussed the value of linked data in United States law. DuCharme notes, “At a recent W3C Government Linked Data Working Group working group meeting, I started thinking more about the role in linked data of laws that…

  • State Constitutions and the Protection of Individual Rights

    State Constitutions and the Protection of Individual Rights   William J. Brennan, Jr.   During the 1960’s, as the Supreme Court expanded the measure of federal protection for individual rights, there was little need for litigants to rest their claims, or judges their decisions, on state constitutional grounds. In this Article, Mr. Justice Brennan argues…

  • The New Property

    Charles A. Reich, The New Property   Charles A. Reich   The global distributive implications of automatically allocating political membership according to territoriality (jus soli) and parentage (jus sanguinis) principles have largely escaped critical scrutiny. This article begins to address this considerable gap. Securing membership status in a given state or region–with its specific level…

  • Toward Neutral Principles of Constitutional Law

    Toward Neutral Principles of Constitutional Law   Herbert Wechsler   Professor Wechsler, disagreeing with Judge Learned Hand as to the justification for judicial review of legislative action, argues that courts have the power, and duty, to decide all constitutional cases in which the jurisdictional and procedural requirements are met. The author concludes that in these…

  • Property Rules, Liability Rules, and Inalienability: One View of the Cathedral

    Property Rules, Liability Rules, and Inalienability: One View of the Cathedral Guido Calabresi & A. Douglas Melamed   NLY rarely are Property and Torts approached from a uni- fied perspective. Recent writings by lawyers concerned with economics and by economists concerned with law suggest, how- ever, that an attempt at integrating the various legal relationships…

  • The Path of the Law

    The Path of the Law   O.W. Holmes When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is…

  • The Right to Privacy

    The Right to Privacy   Samuel D. Warren & Louis D. Brandeis Originally published in 4 Harvard Law Review 193 (1890) “It could be done only on principles of private justice, moral fitness, and public convenience, which, when applied to a new subject, make Common law without a precedent; much more when received and approved…

  • The Problem of Social Cost

    The Problem of Social Cost RONALD COASE I. THE PROBLEM TO BE EXAMINED This paper is concerned with those actions of business firms which have harm- ful effects on others. The standard example is that of a factory the smoke from which has harmful effects on those occupying neighbouring properties. The economic analysis of such…

  • The Problem of Social Cost

    The Problem of Social Cost RONALD COASE I. THE PROBLEM TO BE EXAMINED This paper is concerned with those actions of business firms which have harm- ful effects on others. The standard example is that of a factory the smoke from which has harmful effects on those occupying neighbouring properties. The economic analysis of such…