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Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang . -
Henry Friendly and the Law of Federal Courts
Michigan Law Review Volume 112 Issue 6 2014 Some Kind of Judge: Henry Friendly and the Law of Federal Courts Aaron P. Brecher U.S. District Court for the Central District of California Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, Legal Biography Commons, and the Supreme Court of the United States Commons Recommended Citation Aaron P. Brecher, Some Kind of Judge: Henry Friendly and the Law of Federal Courts, 112 MICH. L. REV. 1179 (2014). Available at: https://repository.law.umich.edu/mlr/vol112/iss6/16 This Book Notice is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. BOOK NOTICE Some Kind of Judge: Henry Friendly and the Law of Federal Courts Aaron P. Brecher* Henry Friendly, Greatest Judge of His Era. By David M. Dorsen. Fore- word by Richard A. Posner. Cambridge and London: The Belknap Press of Harvard University Press. 2012. Pp. xiii, 498. $35. Introduction Uberfans¨ of the federal judiciary owe a lot to David Dorsen.1 His illumi- nating biography of Judge Henry Friendly is a fitting tribute to the contribu- tions of a jurist that many consider to be among the finest judges never to sit on the U.S. Supreme Court. Judicial biography is a difficult genre to do well,2 and most authors choose to focus on Supreme Court justices.3 But Henry Friendly, Greatest Judge of His Era is an excellent source of informa- tion on Friendly’s life and, far more important, his views on the law and his relationships with some of the most fascinating figures in twentieth-century legal history. -
Constitutional Avoidance and the Roberts Court Neal Devins William & Mary Law School, [email protected]
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Publications Faculty and Deans 2007 Constitutional Avoidance and the Roberts Court Neal Devins William & Mary Law School, [email protected] Repository Citation Devins, Neal, "Constitutional Avoidance and the Roberts Court" (2007). Faculty Publications. 346. https://scholarship.law.wm.edu/facpubs/346 Copyright c 2007 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/facpubs CONSTITUTIONAL A VOIDANCE AND THE ROBERTS COURT Neal Devins • This essay will extend Phil Frickey's argument about the Warren Court's constitutional avoidance to the Roberts Court. My concern is whether the conditions which supported constitutional avoidance by the Warren Court support constitutional avoidance by today's Court. For reasons I will soon detail, the Roberts Court faces a far different Congress than the Warren Court and, as such, need not make extensive use of constitutional avoidance. In Getting from Joe to Gene (McCarthy), Phil Frickey argues that the Warren Court avoided serious conflict with Congress in the late 1950s by exercising subconstitutional avoidance. 1 In other words, the Court sought to avoid congressional backlash by refraining from declaring statutes unconstitutional. Instead, the Court sought to invalidate statutes or congressional actions based on technicalities. If Congress disagreed with the results reached by the Court, lawmakers could have taken legislative action to remedy the problem. This practice allowed the Court to maintain an opening through which it could backtrack and decide similar cases differently without reversing a constitutional decision. In understanding the relevance of Frickey's argument to today's Court, it is useful to compare Court-Congress relations during the Warren Court of the late 1950s to those during the final years of the Rehnquist Court. -
An Open Letter to Congressman Gingrich
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1995 An Open Letter to Congressman Gingrich Bruce Ackerman Akhil Amar Jack Balkin Susan Low Bloch Philip Chase Bobbitt Columbia Law School, [email protected] See next page for additional authors Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Taxation-Federal Commons, and the Tax Law Commons Recommended Citation Bruce Ackerman, Akhil Amar, Jack Balkin, Susan L. Bloch, Philip C. Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein & Harry Wellington, An Open Letter to Congressman Gingrich, 104 YALE L. J. 1539 (1995). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2193 This Response/Comment is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Authors Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, and Harry Wellington This response/comment is available at Scholarship Archive: https://scholarship.law.columbia.edu/ faculty_scholarship/2193 Comment An Open Letter to Congressman Gingrich* We urge you to reconsider your proposal to amend the House Rules to require a three-fifths vote for enactment of laws that increase income taxes.' This proposal violates the explicit intentions of the Framers. -
Stability and Development in Canon Law and the Case of "Definitive" Teaching
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2001 Stability and Development in Canon Law and the Case of "Definitive" Teaching Ladislas M. Örsy Georgetown University Law Center, [email protected] Vol. 76 Notre Dame Law Review, Page 865 (2001). Reprinted with permission. © Notre Dame Law Review, University of Notre Dame. This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/569 76 Notre Dame L. Rev. 865-879 (2001) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Religion Law Commons STABILITY AND DEVELOPMENT IN CANON LAW AND THE CASE OF "DEFINITIVE" TEACHING Ladislas Orsy, SJ!:~ The beginning of knowledge is wonder, wonder provoked by a puzzle whose pieces do not seem to fit together. We do have such an on-going puzzle in canon law; it is the prima facie conflict between the demand of stability and the imperative of development. Stability is an essential quality of any good legal system because a community's lav{s are an expression of its identity, and there is no identity without permanency. Many times we hear in the United States that we are a country held together by our laws. Although the statement cannot be the full truth, it is obvious that if our laws ever lost their stability, the nation's identity would be imperiled. In a relig ious community where the source of its identity is in the common memory of a divine revelation, the demand for stability is even stronger. -
Download A.M. V. French Court of Appeals Decision
20-1772 A.H. v. French In the United States Court of Appeals For the Second Circuit ________ AUGUST TERM, 2020 ARGUED: OCTOBER 13, 2020 DECIDED: JANUARY 15, 2021 No. 20-1772 A.H., by and through her parents and natural guardians, James Hester and Darlene Hester, other James Hester, other Darlene Hester; JAMES HESTER, individually; DARLENE HESTER, individually; ROMAN CATHOLIC DIOCESE OF BURLINGTON, VERMONT, Plaintiffs-Appellants, E.M., by and through her parents and natural guardians, Christopher Messineo and Jill Messineo, other Christopher Messineo, other Jill Messineo; CHRISTOPHER MESSINEO, individually; JILL MESSINEO, individually; A.M., by and through his parents and natural guardians, Christopher Messineo and Jill Messineo, other Christopher Messineo, other Jill Messineo; A.S., by and through her parents and natural guardians, Russell Senesac and Selena Senesac, other Russell Senesac, other Selena Senesac; RUSSEL SENESAC, individually; SELENA SENESAC, individually, Plaintiffs, v. 2 No. 20-1772 DANIEL M. FRENCH, in his official capacity as Secretary of the Vermont Agency of Education, Defendant-Appellee, GEORGE B. SPAULDING, in his official capacity as Chancellor of the Vermont State Colleges System, AKA Jeb, Defendant.* ________ Appeal from the United States District Court for the District of Vermont. ________ Before: WALKER and MENASHI, Circuit Judges.** ________ Plaintiff-Appellant A.H. is a senior at Rice Memorial High School, a ministry of the Roman Catholic Diocese of Burlington, Vermont. In August 2020, A.H. sought to participate in the Dual Enrollment Program administered by Vermont’s Agency of Education. The program pays tuition for high school juniors and seniors to take up to two courses at approved Vermont colleges. -
Richard J. Whalen Papers
http://oac.cdlib.org/findaid/ark:/13030/kt9k4040h3 No online items Inventory of the Richard J. Whalen papers Finding aid prepared by Richard J. Whalen and Hoover Institution Library and Archives Staff with inventory of incremental material by Rachel Yamada Hoover Institution Library and Archives © 2011 434 Galvez Mall Stanford University Stanford, CA 94305-6003 [email protected] URL: http://www.hoover.org/library-and-archives Inventory of the Richard J. 2011C13 1 Whalen papers Title: Richard J. Whalen papers Date (inclusive): 1930-2010 Collection Number: 2011C13 Contributing Institution: Hoover Institution Library and Archives Language of Material: English Physical Description: 60 manuscript boxes, 8 oversized boxes(31.4 Linear Feet) Abstract: Correspondence, writings, notes, interview transcripts, printed matter, and sound and video recordings, relating to twentieth-century American politics, Joseph P. Kennedy and the Kennedy family, the Republican Party, and the presidential administrations of Richard M. Nixon and Ronald Reagan. Includes research materials for books by R. J. Whalen. Hoover Institution Library & Archives Access The collection is open for research; materials must be requested at least two business days in advance of intended use. Publication Rights Users must sign use agreement. For copyright status, please contact the Hoover Institution Library & Archives. Acquisition Information Acquired by the Hoover Institution Library & Archives in 2011. Preferred Citation [Identification of item], Richard J. Whalen papers, [Box no., Folder no. or title], Hoover Institution Library & Archives. Biographical/Historical Note Richard J. Whalen, born in New York City in 1935, graduated with honors in English and Political Science from Queens College in 1957. He joined the Richmond (VA) News Leader and rose from the rewrite desk to the associate editorship under James Jackson Kilpatrick in two years. -
Why Expectation Damages for Breach of Contract Must Be the Norm: a Refutation of the Fuller and Perdue "Three Interests&Quo
Nebraska Law Review Volume 81 | Issue 3 Article 2 2003 Why Expectation Damages for Breach of Contract Must Be the Norm: A Refutation of the Fuller and Perdue "Three Interests" Thesis W. David Slawson University of Southern California Gould School of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation W. David Slawson, Why Expectation Damages for Breach of Contract Must Be the Norm: A Refutation of the Fuller and Perdue "Three Interests" Thesis, 81 Neb. L. Rev. (2002) Available at: https://digitalcommons.unl.edu/nlr/vol81/iss3/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. W. David Slawson* Why Expectation Damages for Breach of Contract Must Be the Norm: A Refutation of the Fuller and Perdue "Three Interests" Thesis TABLE OF CONTENTS 840 I. Introduction .......................................... Principal Institutions in a Modern Market II. The 843 Economy in Which Contracts Are Used ................ A. The Institution of the Economic Market: Contracts 843 as Bargains ....................................... Institution of Credit and Finance: Contracts as B. The 845 Property .......................................... 846 the Institutions' Needs ....................... III. Meeting 846 A. Providing a Remedy for Every Breach ............. Contracts Enforceable as Soon as They Are B. Making 847 M ade ............................................. Has Compensating the Injured Party for What He C. 848 ost ............................................... L 848 Damages Under the Expectation Measure ...... 1. 849 2. Damages Under the Reliance Measure ......... 849 a. -
Provided for Non-Commercial Research and Educational Use
Provided for non-commercial research and educational use. Not for reproduction, distribution or commercial use. This article was originally published in the Encyclopedia of Ecology, Volumes 1-5 published by Elsevier, and the attached copy is provided by Elsevier for the author’s benefit and for the benefit of the author’s institution, for non-commercial research and educational use including without limitation use in instruction at your institution, sending it to specific colleagues who you know, and providing a copy to your institution’s administrator. All other uses, reproduction and distribution, including without limitation commercial reprints, selling or licensing copies or access, or posting on open internet sites, your personal or institution’s website or repository, are prohibited. For exceptions, permission may be sought for such use through Elsevier’s permissions site at: http://www.elsevier.com/locate/permissionusematerial M Scotti. Development Capacity. In Sven Erik Jørgensen and Brian D. Fath (Editor-in-Chief), Ecological Indicators. Vol. [2] of Encyclopedia of Ecology, 5 vols. pp. [911-920] Oxford: Elsevier. Author's personal copy Ecological Indicators | Development Capacity 911 animals that appear on and in dung and the processes they Cross WF, Benstead JP, Frost PC, and Thomas SA (2005) Ecological stoichiometry in freshwater benthic systems: Recent progress and initiate are highly predictable, but in detail depend on the perspectives. Freshwater Biology 50: 1895–1912. habitat and climate under investigation. Specialized copro- Findlay S and Sinsabaugh R (eds.) (2000) Dissolved Organic Matter in philous fungi, similarly, exhibit a clear sequence of Aquatic Ecosystems. San Diego: Academic Press. Flindt MR, Pardal MA, Lillebø AI, Martins I, and Marques JC (1999) utilization of their habitat, spores of early stages already Nutrient cycling and plant dynamics in estuaries: A brief review. -
A Brand X Doctrine of Constitutional Avoidance
AVOIDING NORMATIVE CANONS IN THE REVIEW OF ADMINISTRATIVE INTERPRETATIONS OF LAW: A BRAND X DOCTRINE OF CONSTITUTIONAL AVOIDANCE CHRISTOPHER J. WALKER TABLE OF CONTENTS Introduction ............................................................................................... 140 I. Constitutional Avoidance in Administrative Law ........................... 146 A. Constitutional Avoidance: Classical v. Modern Formulations ............................................................................ 147 B. Conflicting Commands: Modern Avoidance v. Chevron ........... 148 C. Pre-Brand X Confusion: Avoidance’s Role Under Chevron ....... 150 II. Brand X Avoidance Exemplified ...................................................... 156 A. Competing Judicial and Administrative Interpretations ......... 156 B. Comparative Strengths of Courts and Agencies ...................... 159 C. Judicial Attempts to Address Competing Interpretations ........ 161 III. Brand X Principles of Administrative Law ....................................... 168 A. Clark, Brand X, and Its Progeny: No Avoidance at Chevron Step One .................................................................................. 168 B. Brand X and Separation of Powers: No Modern Avoidance at Chevron Step Two ................................................................. 173 C. Separation of Powers Revisited Under Network Theory ........ 180 Associate, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.; Assistant Professor of Law, Moritz College of Law, Ohio State University (starting -
Ascendency As Ecological Indicator for Environmental Quality Assessment at the Ecosystem Level: a Case Study
Hydrobiologia (2006) 555:19–30 Ó Springer 2006 H. Queiroga, M.R. Cunha, A. Cunha, M.H. Moreira, V. Quintino, A.M. Rodrigues, J. Seroˆ dio & R.M. Warwick (eds), Marine Biodiversity: Patterns and Processes, Assessment, Threats, Management and Conservation DOI 10.1007/s10750-005-1102-8 Ascendency as ecological indicator for environmental quality assessment at the ecosystem level: a case study J. Patrı´ cio1,*, R. Ulanowicz2, M. A. Pardal1 & J. C. Marques1 1IMAR- Institute of Marine Research, Department of Zoology, Faculty of Sciences and Technology, University of Coimbra, 3004-517, Coimbra, Portugal 2Chesapeake Biological Laboratory, Center for Environmental and Estuarine Studies, University of Maryland, Solomons, Maryland, 20688-0038, USA (*Author for correspondence: E-mail: [email protected]) Key words: network analysis, ascendency, eutrophication, estuary Abstract Previous studies have shown that when an ecosystem consists of many interacting components it becomes impossible to understand how it functions by focussing only on individual relationships. Alternatively, one can attempt to quantify system behaviour as a whole by developing ecological indicators that combine numerous environmental factors into a single value. One such holistic measure, called the system ‘ascen- dency’, arises from the analysis of networks of trophic exchanges. It deals with the joint quantification of overall system activity with the organisation of the component processes and can be used specifically to identify the occurrence of eutrophication. System ascendency analyses were applied to data over a gradient of eutrophication in a well documented small temperate intertidal estuary. Three areas were compared along the gradient, respectively, non eutrophic, intermediate eutrophic, and strongly eutrophic. Values of other measures related to the ascendency, such as the total system throughput, development capacity, and average mutual information, as well as the ascendency itself, were clearly higher in the non-eutrophic area. -
AMAR: Third Thoughts on Kavanaugh Akhil Amar
AMAR: Third thoughts on Kavanaugh Akhil Amar In a Yale Daily News op-ed published on Sept. 24, I offered “Second Thoughts” on the Supreme Court nomination of Justice Brett Kavanaugh ’87 LAW ’90 and mapped a procedural path forward through the dense thicket of accusations and denials. I proposed: (1) a speedy public hearing followed by (2) additional investigation, with (3) a firm end date to the investigation — I floated Oct. 5 — and (4) scope restrictions on the investigation to prevent “still more extensions [and] ever wider investigations.” On Sept. 24, no one else — so far as I know — was publicly proposing this precise procedural framework, but, as events actually unfolded in the following weeks, something remarkably similar to my proposed framework was in fact cobbled together and implemented, though critics have argued that the scope of the FBI’s post-hearing investigation was unduly narrow. Kavanaugh’s confirmation on Oct. 6 raises countless questions — the episode will spawn shelves of future books and articles. Today, I will address just one narrow issue of special local significance: Yale’s, and my own, complicated relationship to power. Yale prides itself on its tradition of preparing future leaders. In his Yale College opening address on Aug. 25 — well before the Kavanaugh nomination boiled over and roiled the campus — President Peter Salovey proclaimed that “Our alumni are perhaps the greatest illustration of Yale’s tradition of service. Five Yale graduates have served as U.S. presidents, four as secretaries of state and eighteen as justices on the U.S. Supreme Court, representing viewpoints across the political spectrum.