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Great Legal Traditions 00 Head GLT Final 3/31/11 11:29 AM Page Ii 00 Head GLT Final 3/31/11 11:29 AM Page Iii
00 head GLT final 3/31/11 11:29 AM Page i Great Legal Traditions 00 head GLT final 3/31/11 11:29 AM Page ii 00 head GLT final 3/31/11 11:29 AM Page iii Great Legal Traditions Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective John W. Head Robert W. Wagstaff Distinguished Professor of Law University of Kansas Carolina Academic Press Durham, North Carolina 00 head GLT final 4/11/11 2:59 PM Page iv Copyright © 2011 John W. Head All Rights Reserved Library of Congress Cataloging-in-Publication Data Head, John W. (John Warren), 1953- Great legal traditions : civil law, common law, and Chinese law in historical and oper- ational perspective / John W. Head. p. cm. Includes bibliographical references and index. ISBN 978-1-59460-957-2 (alk. paper) 1. Comparative law. 2. Civil law. 3. Common law. 4. Law--China I. Title. K583.H43 2011 340'.2--dc22 2010053972 Front Cover— The three images on the left represent the rich historical background of the three great legal traditions discussed in this book: Confucius contributed to the found- ing of the Chinese legal tradition with his use of the Zhou lĭ to prescribe a form of social governance that would contribute to cosmic harmony; Constantine, in addition to facil- itating the Christianization of the Roman Empire, also founded the eastern capital of the Empire — Constantinople — from which Justinian would issue his great Corpus Juris Civilis in the sixth century; Blackstone, with his Commentaries on the Laws of England, helped preserve the vitality of the common law by making it accessible to practitioners both in England and the United States. -
DAR-Colorado-Marker-Book.Pdf
When Ms. Charlotte McKean Hubbs became Colorado State Regent, 2009-2011, she asked that I update "A Guidebook to DAR Historic Markers in Colorado" by Hildegarde and Frank McLaughlin. This publication was revised and updated as a State Regent's project during Mrs. Donald K. Andersen, Colorado State Regent 1989-1991 from the original 1978 version of Colorado Historical Markers. Purpose of this Project was to update information and add new markers since the last publication and add the Santa Fe Trail Markers in Colorado by Mary B. and Leo E. Gamble to this publication. Assessment Forms were sent to each Chapter Historian to complete on their Chapter markers. These assessments will be used to document the condition of each site. GPS (Lat/Long) co-ordinances were to be included for future interactive mapping. Current digital photographs of markers were included where chapters participated, some markers are missing, so original photographs were used. By digitizing this publication, an on-line publication can be purchased by anyone interested in our Colorado Historical Markers and will make updating, revising and adding new markers much easier. Our hopes were to include a Website of the Colorado Historical Markers accessible on our Colorado State Society Website. I would like to thank Jackie Sopko, Arkansas Valley Chapter, Pueblo Colorado for her long hours in front of a computer screen, scanning, updating, formatting and supporting me in this project. I would also like to thank the many Colorado DAR Chapters that participated in this project. I owe them all a huge debt of gratitude for giving freely of their time to this project. -
Common Law Judicial Office, Sovereignty, and the Church Of
1 Common Law Judicial Office, Sovereignty, and the Church of England in Restoration England, 1660-1688 David Kearns Faculty of Arts and Social Sciences The University of Sydney A thesis submitted to fulfil requirements for the degree of Doctor of Philosophy 2019 2 This is to certify that to the best of my knowledge, the content of this thesis is my own work. This thesis has not been submitted for any degree or other purposes. I certify that the intellectual content of this thesis is the product of my own work and that all the assistance received in preparing this thesis and sources have been acknowledged. David Kearns 29/06/2019 3 Authorship Attribution Statement This thesis contains material published in David Kearns, ‘Sovereignty and Common Law Judicial Office in Taylor’s Case (1675)’, Law and History Review, 37:2 (2019), 397-429, and material to be published in David Kearns and Ryan Walter, ‘Office, Political Theory, and the Political Theorist’, The Historical Journal (forthcoming). The research for these articles was undertaken as part of the research for this thesis. I am the sole author of the first article and sole author of section I of the co-authored article, and it is the research underpinning section I that appears in the thesis. David Kearns 29/06/2019 As supervisor for the candidature upon which this thesis is based, I can confirm that the authorship attribution statements above are correct. Andrew Fitzmaurice 29/06/2019 4 Acknowledgements Many debts have been incurred in the writing of this thesis, and these acknowledgements must necessarily be a poor repayment for the assistance that has made it possible. -
Guide to Canadian Sources Related to Southern Revolutionary War
Research Project for Southern Revolutionary War National Parks National Parks Service Solicitation Number: 500010388 GUIDE TO CANADIAN SOURCES RELATED TO SOUTHERN REVOLUTIONARY WAR NATIONAL PARKS by Donald E. Graves Ensign Heritage Consulting PO Box 282 Carleton Place, Ontario Canada, K7C 3P4 in conjunction with REEP INC. PO Box 2524 Leesburg, VA 20177 TABLE OF CONTENTS PART 1: INTRODUCTION AND GUIDE TO CONTENTS OF STUDY 1A: Object of Study 1 1B: Summary of Survey of Relevant Primary Sources in Canada 1 1C: Expanding the Scope of the Study 3 1D: Criteria for the Inclusion of Material 3 1E: Special Interest Groups (1): The Southern Loyalists 4 1F: Special Interest Groups (2): Native Americans 7 1G: Special Interest Groups (3): African-American Loyalists 7 1H: Special Interest Groups (4): Women Loyalists 8 1I: Military Units that Fought in the South 9 1J: A Guide to the Component Parts of this Study 9 PART 2: SURVEY OF ARCHIVAL SOURCES IN CANADA Introduction 11 Ontario Queen's University Archives, Kingston 11 University of Western Ontario, London 11 National Archives of Canada, Ottawa 11 National Library of Canada, Ottawa 27 Archives of Ontario, Toronto 28 Metropolitan Toronto Reference Library 29 Quebec Archives Nationales de Quebec, Montreal 30 McCord Museum / McGill University Archives, Montreal 30 Archives de l'Universite de Montreal 30 New Brunswick 32 Provincial Archives of New Brunswick, Fredericton 32 Harriet Irving Memorial Library, Fredericton 32 University of New Brunswick Archives, Fredericton 32 New Brunswick Museum Archives, -
University Park Neighborhood Plan
University Park Neighborhood Plan Prepared by the Denver Department of Planning & Community Development September 8, 2008 UNIVERSITY PARK NEIGHBORHOOD PLAN UNIVERSITY PARK NEIGHBORHOOD PLAN ACKNOWLEDGEMENTS Community Planning & Development University Park Community Council Peter J. Park, Manager Special thanks to the University Park Community Mayor John W. Hickenlooper Katherine Cornwell Council and the University Park Steering Commit- Eric McClelland tee who volunteered their time and knowledge of Denver City Council Caryn Wenzara the neighborhood to ensure this plan refl ects the District 1 - Rick Garcia Tina Axelrad community’s values. District 2 - Jeanne Faatz Jim Ottenstein District 3 - Paul D. López Carolyne Janssen District 4 - Peggy Lehmann Jill Fagan (former CPD employee) District 5 - Marcia Johnson Chris Yake (former CPD employee) District 6 - Charlie Brown Alice Gilbertson (former CPD employee) District 7 - Chris Nevitt District 8 - Carla Madison Public Works District 9 - Judy Montero Gretchen Hollrah District 10 - Jeanne Robb District 11 - Michael Hancock - President Parks & Recreation At-Large - Carol Boigon Britta Herwig At-Large - Doug Linkhart Jill Wuertz Denver Planning Board University Park Plan Steering Committee Barbara Kelley, Chair Pat Barron Laura Aldrete Councilman Charlie Brown Brad Buchanan Pat Cashen Frederick Corn Ben Cooper Richard Delanoy Carolyn Etter William Hornby Royce Forsyth Anna Jones Greta Gloven Judith Martinez Diana Helper Bruce O’Donnell J. Peter Saint Andre Karen Perez Neil Krauss Jeffrey Walker -
Unenumerated Rights
OKLAHOMA LAW REVIEW VOLUME 62 WINTER 2010 NUMBER 2 BLACKSTONE’S NINTH AMENDMENT: A HISTORICAL COMMON LAW BASELINE FOR THE INTERPRETATION OF UNENUMERATED RIGHTS JEFFREY D. JACKSON* Table of Contents Introduction .............................................. 167 I. Historically Construing the Ninth Amendment: Whose Views Are Important? ............................................ 172 II. The Ninth Amendment in Context: Whose Rights? . 175 A. The English Constitution and the Rule of Law . 176 B. The Influence of Natural Law ............................ 179 C. The Framing ......................................... 185 D. The Ratification....................................... 188 III. Whose Common Law? ................................... 200 IV. What Does It Mean?..................................... 212 A. Some Conclusions..................................... 214 B. And Some Criticisms................................ 220 Conclusion ............................................... 222 Introduction The Ninth Amendment explicitly states that “[t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”1 This seems to clearly indicate that there are * Associate Professor of Law, Washburn University School of Law. I would like to thank Bill Rich, Bill Merkel, John Bickers, Linda Elrod, Aida Alaka, and Joe McKinney for their helpful comments and input on this article. Thanks also to Washburn University School of Law for its research support, and to Angela Carlon, J.D., 2009, and Karl Wenger, J.D., 2008, for their research and input. 1. U.S. CONST. amend. IX. 167 168 OKLAHOMA LAW REVIEW [Vol. 62:167 rights other than those in the text of the Constitution that should be recognized as constitutional. Further, the United States Supreme Court has recognized a number of unenumerated rights under a variety of rationales.2 Nevertheless, the question of how to identify and give form to these rights still continues to pose problems for judges, lawyers, and legal scholars alike. -
Ben B. Lindsey Papers [Finding Aid]. Library of Congress. [PDF Rendered
Ben B. Lindsey Papers A Finding Aid to the Collection in the Library of Congress Manuscript Division, Library of Congress Washington, D.C. 2015 Revised 2016 April Contact information: http://hdl.loc.gov/loc.mss/mss.contact Additional search options available at: http://hdl.loc.gov/loc.mss/eadmss.ms014025 LC Online Catalog record: http://lccn.loc.gov/mm78030254 Prepared by Manuscript Division Staff Collection Summary Title: Ben B. Lindsey Papers Span Dates: 1838-1957 Bulk Dates: (bulk 1890-1943) ID No.: MSS30254 Creator: Lindsey, Ben B. (Benjamin Barr), 1869-1943 Extent: 95,000 items ; 320 containers plus 35 oversize ; 142 linear feet Language: Collection material in English Location: Manuscript Division, Library of Congress, Washington, D.C. Summary: Judge and social reformer. Correspondence, notebooks, journals, lectures, memoranda, legal papers, briefs, legislative matter, campaign literature, family papers, scrapbooks, and other material documenting Lindsey's judicial, political, and literary career. Selected Search Terms The following terms have been used to index the description of this collection in the Library's online catalog. They are grouped by name of person or organization, by subject or location, and by occupation and listed alphabetically therein. People Addams, Jane, 1860-1935--Correspondence. Annin, Joseph P.--Correspondence. Baker, Newton Diehl, 1871-1937--Correspondence. Baldwin, Roger N. (Roger Nash), 1884-1981--Correspondence. Beveridge, Albert Jeremiah, 1862-1927--Correspondence. Bok, Edward William, 1863-1930--Correspondence. Brandeis, Louis Dembitz, 1856-1941--Correspondence. Buchtel, Henry Augustus, 1847-1924--Correspondence. Burbank, Luther, 1849-1926--Correspondence. Catt, Carrie Chapman, 1859-1947--Correspondence. Causey, James H.--Correspondence. Cavanaugh, John, 1870-1935--Correspondence. Costigan, Edward Prentiss, 1874-1939--Correspondence. -
History of Methodism in Denver by John Alton Templin
INTRODUCTION The Work of Dr. Metcalf As this work is undertaken, there are two research projects completed already on the history of the early Methodist Church in Colorado. In August, 1948, Dr. Kenneth E. Metcalf completed his dissertation The Beginnings of Methodism in Colorado, treating essentially, the years 1859-1863.1 Dr. Metcalf has completed a masterful task, made even more difficult by the scarcity of early records, and complete histories of the various churches. He has given new life to many men who had become little more than names in Conference Journals, and new meaning to statistics filed away and almost forgotten. Especially noteworthy was his treating of the early history of the state, that the Methodist development might be seen to unfold in its natural environment, and have coherence, as well as its true relationship to the state‟s development as a whole. Perhaps some explanation as to the specific dates which are chosen would be in order. It was on July 3, 1859, that Rev. William H. Goode preached in what is now the city of Denver.2 It is following the work of Goode and his associates, Jacob Adriance, that the Methodist Church was permanently organized in Denver. However, a Methodist service had been held several months before (in the fall of 1858) by a George W. Fisher, in cabins, saloons, or preaching in the open air.3 The Rocky Mountain Conference of the Methodist Episcopal Church was organized July 10, 1863, with Bishop Edward R. Ames presiding.4 It is this most important era of Methodism with which Dr. -
January, 1917 No
iOB JRe Crescent of Gamma Phi Beta Exchange Number Vol. XVII, No. 1 Januarp, 1917 Vol. XVII January, 1917 No. 1 THE CRESCENT �OF GAMMA PHI BETA the official organ of gamma phi beta LINDSEY BARBEE, Editor 1565 Lafayette Street Denver, Colorado ELLA K. SMITH, Business Manager 623 S. Wabash Ave. Chicago, III. Published by GEO. BANTA, MENASHA, WIS. Official Publisher and Printer to Camma Phi Beta GAMMA PHI BETA SORORITY FOUNDED NOVEMBER 11, 1874 FOUNDERS Helen M. Dodge (Ferguson). E. Adeline Curtis (Curtis). Frances E. Haven (Moss). Mary A. Bingham (WiUoughby), deceased. lExtttttivt iBoarb grand council PRESIDENT Carrie E. Morgan 777 Harris St., Appleton, Wis. VICE-PRESIDENT Eleanor Sheldon 110 Malcolm Ave. S. E., Minneapolis, Minn., or 500 Algoma St., Oshkosh, Wis. SECRETARY .... Adah Georgina Grandy 239 E. Central Ave.. Highland Park, 111. TREASURER Mary F. Richardson 4719 Kenmore Ave., Chicago, 111. visiting DELEGATE Margaret Nachtrieb 905 Sixth St. S. E.. Minneapolis, Minn. NATIONAL PANHELLENIC DELEGATE . LiUian W. Thompion 224 W. 61st Place, Chicago, 111. ADVISORY BOARD Marian Beecher Scott (Mrs. Walter) 1625 W. Genessee St., Syracuse, N. Y. Marion E. West 308 Highland Ave., Wollaston, Maii. Lucy ChurchiU Baldwin (Mrs. F. S.) West Allis, Wii. Rachel Vrooman Colby (Mrs. W. E.) 2901 Channing Way, Berkeley, C�l. Margaret S. Carman 1154 Corona St., Denver, Colo. Eleanor Sheldon 500 Algoma St., Oshkosh, Wis., or 110 Malcolm Ave. S. E., Minneapolis, Minn. Mabelle Leonard Douglas (Mrs. H. W.) 1620 Cambridge Road, Ann Arbor, Mich. Mary T. McCurley 2730 N. Charles St., Baltimore. Md. Edith G. Prosch 433 16th St. N., Seattle, Wash. -
The Folly of Requiring Complete Knowledge of the Criminal Law
Liberty University Law Review Volume 12 Issue 2 Article 4 January 2018 The Folly of Requiring Complete Knowledge of the Criminal Law Paul J. Larkin Jr. Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation Larkin, Paul J. Jr. (2018) "The Folly of Requiring Complete Knowledge of the Criminal Law," Liberty University Law Review: Vol. 12 : Iss. 2 , Article 4. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol12/iss2/4 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. ARTICLE THE FOLLY OF REQUIRING COMPLETE KNOWLEDGE OF THE CRIMINAL LAW Paul J. Larkin, Jr.† Some criminal law axioms represent moral judgments. A classic example is William Blackstone’s adage that “it is better that ten guilty persons escape, than that one innocent suffer.”1 That proposition does not represent an empirically proven conclusion. Blackstone did not make that claim, no one has proved it since then, the variables are too numerous for any attempt to be successful, and there are too many counterexamples for any proof to be persuasive. (What if among the ten guilty persons are Ted Bundy, Jeffrey Dahmer, John Wayne Gacy, Timothy McVeigh, and Usama bin Laden?) By contrast, at one time the principle that “Everyone is presumed to know the law,” which is more a rule of law than a presumption,2 did represent the actual state of affairs. -
Property Rights in Land, Agricultural Capitalism, and the Relative Decline of Pre- Industrial China Taisu Zhang
Property Rights in Land, Agricultural Capitalism, and the Relative Decline of Pre- Industrial China Taisu Zhang This is a draft. Please do not cite without the permission of the author. Abstract Scholars have long debated how legal institutions influenced the economic development of societies and civilizations. This Article sheds new light on this debate by reexamining, from a legal perspective, a crucial segment of the Eighteenth and Nineteenth Century economic divergence between England and China: By 1700, English agriculture had become predominantly capitalist, reliant on ―managerial‖ farms worked chiefly by hired labor. On the other hand, Chinese agriculture counterproductively remained household-based throughout the Qing and Republican eras. The explanation for this key agricultural divergence, which created multiple advantages for English proto-industry, lies in differences between Chinese and English property rights regimes, but in an area largely overlooked by previous scholarship. Contrary to common assumptions, Qing and Republican laws and customs did recognize private property and, moreover, allowed reasonably free alienation of it. Significant inefficiencies existed, however, in the specific mechanisms of land transaction: The great majority of Chinese land transactions were ―conditional sales‖ that, under most local customs, guaranteed the ―seller‖ an interminable right of redemption at zero interest. In comparison, early modern English laws and customs prohibited the redemption of ―conditional‖ conveyances—mainly mortgages—beyond a short time frame. Consequently, Chinese farmers found it very difficult to securely acquire land, whereas English farmers found it reasonably easy. Over the long run, this impeded the spread of capitalist agriculture in China, but promoted it in England. Differences between Chinese and English norms of property transaction were, therefore, important to Qing and Republican China‘s relative economic decline. -
Biography Denver General Subject Railroads States and Cities Misc
Biography Denver General Subject Railroads States and Cities Misc. Visual Materials BIOGRAPHY A Abeyta family Abbott, Emma Abbott, Hellen Abbott, Stephen S. Abernathy, Ralph (Rev.) Abot, Bessie SEE: Oversize photographs Abreu, Charles Acheson, Dean Gooderham Acker, Henry L. Adair, Alexander Adami, Charles and family Adams, Alva (Gov.) Adams, Alva Blanchard (Sen.) Adams, Alva Blanchard (Sen.) (Adams, Elizabeth Matty) Adams, Alva Blanchard Jr. Adams, Andy Adams, Charles Adams, Charles Partridge Adams, Frederick Atherton and family Adams, George H. Adams, James Capen (“Grizzly”) Adams, James H. and family Adams, John T. Adams, Johnnie Adams, Jose Pierre Adams, Louise T. Adams, Mary Adams, Matt Adams, Robert Perry Adams, Mrs. Roy (“Brownie”) Adams, W. H. SEE ALSO: Oversize photographs Adams, William Herbert and family Addington, March and family Adelman, Andrew Adler, Harry Adriance, Jacob (Rev. Dr.) and family Ady, George Affolter, Frederick SEE ALSO: oversize Aichelman, Frank and Agnew, Spiro T. family Aicher, Cornelius and family Aiken, John W. Aitken, Leonard L. Akeroyd, Richard G. Jr. Alberghetti, Carla Albert, John David (“Uncle Johnnie”) Albi, Charles and family Albi, Rudolph (Dr.) Alda, Frances Aldrich, Asa H. Alexander, D. M. Alexander, Sam (Manitoba Sam) Alexis, Alexandrovitch (Grand Duke of Russia) Alford, Nathaniel C. Alio, Giusseppi Allam, James M. Allegretto, Michael Allen, Alonzo Allen, Austin (Dr.) Allen, B. F. (Lt.) Allen, Charles B. Allen, Charles L. Allen, David Allen, George W. Allen, George W. Jr. Allen, Gracie Allen, Henry (Guide in Middle Park-Not the Henry Allen of Early Denver) Allen, John Thomas Sr. Allen, Jules Verne Allen, Orrin (Brick) Allen, Rex Allen, Viola Allen William T.