Runoff Elections in the United States. The Thornton H. Brooks Series in American Law and Society.

1994 ◽  
Vol 60 (2) ◽  
pp. 437
Author(s):  
Carol M. Swain ◽  
Charles S. Bullock III ◽  
Loch K. Johnson
2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.


1992 ◽  
Vol 18 (1-2) ◽  
pp. 37-71
Author(s):  
Frances H. Miller

Health care rationing has gained greater visibility in the United States and the United Kingdom, for quite different reasons. As patients in both countries become more aware that potentially beneficial medical services can be denied them on economic — as opposed to purely medical — grounds, they are beginning to seek help from the judiciary. This Article contends that as rationing becomes more explicit, the doctrine of informed consent will come under increased pressure. The Article suggests that courts and legislatures consider imposing a legal obligation on physicians to inform their patients when potentially effective treatment is to be withheld for economic or other non-clinical reasons.


Author(s):  
Michael Lobban

The Anglo-American law of obligations was profoundly reshaped in the two centuries after 1800, driven by social and economic changes, and changes in legal institutions and doctrines. In contract law, nineteenth-century jurists increasingly sought to put the rules of law into a coherent rational framework (inspired by continental models resting on will theory), though they soon found that this theory could not explain many contractual doctrines. In tort law, jurists were also divided over whether unifying principles underlying tort could be uncovered, with formalist efforts to find such principles being challenged by Realists who argued that tort was in effect ‘public law in disguise’. The quest for underlying principles was also pursued by scholars of unjust enrichment, first in the United States and subsequently in England; though as in the other areas of obligations, by the end of the twentieth century, there was no consensus on whether this was possible.


Author(s):  
Brook Thomas

The chapter looks at new directions in law and literature from James Boyd White’s 1973 publication of The Legal Imagination to Julie Stone Peters’s 2005 announcement of the end of a movement. It focuses on different institutional spaces in which interdisciplinary work took place, including spaces outside the United States. This period saw developments in questions of politics, ethics, and aesthetics; drama, narrative, and interpretation; equity, sovereignty, and jurisdiction; race, class, and gender; copyright and censorship; torts and contracts; economics, marriage, inheritance, and crime. Thomas compares the rise of various organizations and journals devoted to law, literature, and the humanities with ones devoted to law and society. He stresses the continued need for scholars to engage work done in different spaces and times.


2020 ◽  
Vol 16 (1) ◽  
pp. 473-487
Author(s):  
Jeb Barnes ◽  
Thomas F. Burke

The concept of adversarial legalism has been widely used by scholars of law, public administration, public policy, political science, sociology, and Law and Society, but the varying ways in which the concept has been employed raise concerns that it has become stretched to the point of incoherence. We argue that adversarial legalism entails both a style, an everyday practice of dispute resolution and policy making with distinct attributes, and a structure of governance that can be compared to other structures of authority. Untangling these aspects of adversarial legalism allows us to make sense of its different uses and identify future avenues of inquiry. Despite its wide application, adversarial legalism is in fact underutilized, especially in studies aimed at understanding consequences of judicialization, legalization, and juridification in the United States and abroad.


1993 ◽  
Vol 108 (1) ◽  
pp. 200
Author(s):  
William Crotty ◽  
Charles S. Bulloch ◽  
Loch K. Johnson

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