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Richard Theodore Ely

Subject: Philosophy

(1854–1943)

Richard T. Ely was born on 13 April 1854 in Ripley, New York, and died on 4 October 1943 in Old Lyme, Connecticut. He grew up in Fredonia in ...

Campaign Finance Reform

Campaign Finance Reform   Reference library

R. Sam Garrett

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,703 words

...It does not necessarily represent the views of the Congressional Research Service, Library of Congress, or any other institution with which the author is affiliated.>] [ see also Elections, Election Law ; Elections, Presidential Elections ; Nixon, Richard M. ; Obama, Barack ; and Roosevelt, Theodore . ] Bibliography Corrado, Anthony, et al. The New Campaign Finance Sourcebook . Washington, D.C.: Brookings Institution Press, 2005. Garrett, R. Sam. The State of Campaign Finance Policy: Recent Developments and Issues . Washington, D.C.: Congressional...

Censorship

Censorship   Reference library

Francis G. Couvares and Paul S. Boyer

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,323 words

...The ACLU–Holmes–Chafee approach insisted that the First Amendment was meant primarily to serve the social good, by assuring a hearing for unpopular political views, not to protect individual liberty. This approach gave short shrift to traditional libertarianism, represented by Theodore Schroeder of the National Free Speech League, for example, which insisted on the individual’s freedom of expression, political, sexual, or otherwise. In a tactically shrewd move, Progressive Era intellectuals offered their socially based argument for free speech in an era not...

Executive Power

Executive Power   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
4,948 words
Illustration(s):
1

...and Historical Analysis . 2d ed. Chicago: University of Chicago Press, 2000. Greenstein, Fred I. The Presidential Difference: Leadership Style from FDR to Clinton . New York: Martin Kessler, 2000. Lowi, Theodore J. The Personal President: Power Invested, Promise Unfulfilled . Ithaca, N.Y.: Cornell University Press, 1985. Neustadt, Richard E. Presidential Power and the Modern Presidents: The Politics of Leadership from Roosevelt to Reagan . New York: Free Press, 1990. Rakove, Jack N. Original Meanings: Politics and Ideas in the Making of the...

Canon Law

Canon Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
10,807 words

...in 882–883 under the patriarchate of Photius, whose name has been associated with the revision, but probably for no good reason. A further revision was undertaken in 1089–1090 by Theodore Bestes . While the revision of 882–883 brought the collection up to date by adding the work of councils after 620, Theodore mainly added secular material. Curiously enough, Theodore again drew on Justinianic material and not on laws issued by later emperors. In fact, the only law dating after Justinian and mentioned in the Nomocanon is a constitution by Heraclius...

Judicial Power

Judicial Power   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
5,637 words
Illustration(s):
1

...Court's deference to national majorities. Dinan, John J. Keeping the People's Liberties: Legislators, Citizens, and Judges as Guardians of Rights . Lawrence: University Press of Kansas, 1998. Eisenberg, Theodore, and C. Stephen Yeazell. “ The Ordinary and the Extraordinary in Institutional Litigation. ” Harvard Law Review 93 (1980): 465–517. Ely, John Hart . Democracy and Distrust: A Theory of Judicial Review . Cambridge, Mass.: Harvard University Press, 1980. An influential defense of judicial review as a corrective to defects in political process....

Inheritance

Inheritance   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
11,036 words
Illustration(s):
2

...ereditario Islamico delle scuole giuridiche sunnite (hanafita, malikita, safiʿita, e hanbalita) e delle scuole giuridiche zaydita, zahirita, e ibadita (The Islamic Law of Inheritance of the Sunni Schools of Law [Hanafi, Maliki, Safiʿi, and Hanbali] and of the Zaydi, Zahiri, and Ibadi Schools of Law). Naples, Italy: Istituto Universitario Orientale, 1994. Coulson, Noel J. Succession in the Muslim Family . Cambridge, U.K.: Cambridge University Press, 1971. Kimber, Richard . “ The Qurʾanic Law of Inheritance. ” Islamic Law and Society 5 (1998): 291–325....

Education and Training

Education and Training   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
14,274 words
Illustration(s):
4

...began in the 1850s. The South could again claim some cultural superiority, with scholars like Francis Lieber, an early political scientist, appointed at the University of South Carolina to teach law. In terms of long-term effect, however, the momentum passed to New York. Theodore Dwight, who had begun teaching law at Hamilton College, moved to Columbia College in 1858 , and by the end of the Civil War, Columbia, as one commencement speaker put it, had become “the West Point of legal education.” Moreover, the law school was beginning to separate from the...

Regulation

Regulation   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
24,931 words
Illustration(s):
4

...societal needs. Bibliography Cortner, Richard C. The Iron Horse and the Constitution: The Railroads and the Transformation of the Fourteenth Amendment . Westport, Conn.: Greenwood Press, 1993. Dempsey, Paul Stephen . “ Transportation: A Legal History. ” Transportation Law Journal 30 (2003): 235–366. Dooley, Frank J. , and William E. Thoms . Railroad Law A Decade After Deregulation . Westport, Conn.: Quorum Books, 1994. Ely, James W., Jr . Railroads and American Law . Lawrence: University Press of Kansas, 2001. Ely, James W., Jr. “ ‘  The Railroad...

Judiciary

Judiciary   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
13,066 words
Illustration(s):
3

...States Law ; Constitution of the United States ; Equity, subentry on United States Law ; Judicial Power ; and Separation of Powers .] Bibliography Ellis, Richard E. The Jeffersonian Crisis: Courts and Politics in the Young Republic . New York: Oxford University Press, 1971. Ellis's study of attitudes toward state and federal courts in the late 1790s and early 1800s remains valuable. Fox, Richard Wightman . Trials of Intimacy: Love and Loss in the Beecher-Tilton Scandal . Chicago: University of Chicago Press, 1999. A thoughtful study of the cultural...

Contract

Contract   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
21,044 words
Illustration(s):
5

...the Prochiron (tit. XVI, 14) and the Eisagog (tit. XXVIII, 2) explicitly prohibit charging interest. It is not clear to what extent this prohibition was actually adhered to in practice. The Peira (the collection of legal texts dating from the eleventh century) and Theodore Balsamon, in his commentary on Nomocanon XIV titulorum , (tit. IX, 27) speak of interest as though it were something normal. Finally, what was the state of affairs concerning the psila symphona and the pacta nuda (the agreements that were not protected by an action)? It...

Taxation

Taxation   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
20,850 words
Illustration(s):
3

...State: Tax Expenditures and Social Policy in the United States . Princeton, N.J.: Princeton University Press, 1999. Joseph, Richard J. The Origins of the American Income Tax: The Revenue Act of 1894 and Its Aftermath . Syracuse. N.Y.: Syracuse University Press, 2004. Leff, Mark Hugh . The Limits of Symbolic Reform: The New Deal and Taxation, 1933–1939 . Cambridge, U.K., and New York: Cambridge University Press, 1984. Paul, Randolph E. Taxation in the United States . Boston: Little Brown and Co., 1954. Ratner, Sidney . Taxation and Democracy in America ....

Charles Evans Hughes

Charles Evans Hughes  

Reference type:
Overview Page
Subject:
Law
(b. Glen Falls, New York, 11 Apr. 1862; d. Osterville, Massachusetts, 27 Aug. 1948)US; Governor of New York 1906–10, Republican presidential candidate 1916 Hughes, the son of a Baptist preacher, was ...
Executive Power

Executive Power   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,424 words

...growth include the Civil War and the Great Depression, when Abraham Lincoln and Franklin Roosevelt assumed powers that exceeded those of any previous president. Andrew Jackson energized the office by drawing legitimacy directly from the public. Other presidents, such as Theodore Roosevelt , were willing to assume greater prerogative powers, but served in times that only occasionally called for bold executive action. Presidential power has at times waned. Reacting to the inevitable growth of executive power under Lincoln during wartime, and to the...

Environmental Law

Environmental Law   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
5,542 words

...federal irrigation projects to arid lands. The Newlands Reclamation Act of 1902 dedicated money from the sale of public lands in the West to fund construction of irrigation works, altering the landscape by providing federally subsidized water to agriculture interests. When Theodore Roosevelt assumed the presidency in 1901 upon the death of President William McKinley , the conservation movement gained an outspoken presidential champion. Roosevelt convened a national governors’ conference on conservation at the White House and he pioneered the use of...

Military Justice

Military Justice   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,933 words

...1972. Richard Kohn , Eagle and Sword: The Federalists and the Creation of the Military Establishment in America, 1783–1802 , 1975. Thomas Turner , Beware the People Weeping: Public Opinion and the Assassination of Abraham Lincoln , 1982. Alan R. Milett and Peter Maslowski , For the Common Defense: A Military History of the United States of America , 1984. Russell F. Weigley , The History of the United States Army , 1984. Theodore J. Crackel , Mr. Jefferson’s Army: Political and Social Reform of the Military Establishment, 1801–1809 , 1987. Mark E. Neely...

Separation of Powers

Separation of Powers   Reference library

Wallace Mendelson

The Oxford Companion to the Supreme Court of the United States (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Law
Length:
5,197 words

...Power and Jurisdiction ; Judicial Review ; Party System ; Political Parties . Benjamin Ginsberg and Martin Shefter , Politics by Other Means (1990). Louis Henkin , Foreign Affairs and the Constitution (1972). Philip B. Kurland , Watergate and the Constitution (1978). Theodore Lowi , The End of Liberalism (1980). M. J. C. Vile , Constitutionalism and the Separation of Powers (1967). Martin Wattenberg , The Decline of American Political Parties (1986). Christopher Wolfe , The Rise of Modern Judicial Review (1986). Gordon Wood , The Creation of...

PRESIDENCY, THE

PRESIDENCY, THE  

The Oxford Encyclopedia of American Political and Legal History

... Eight vice presidents have succeeded to the presidency upon the death or assassination of the president: John Tyler ( 1841 ), Millard Fillmore ( 1850 ), Andrew Johnson ( 1865 ), Chester A. Arthur ( 1881 ), Theodore Roosevelt ( 1901 ), Calvin Coolidge ( 1923 ), Harry S. Truman ( 1945 ), and Lyndon B. Johnson ( 1963 ). When Richard M. Nixon resigned in the wake of the Watergate scandal—the first resignation in the history of the office—he was succeeded by Gerald Ford ( 1974 ). Ford in 1973 in accordance with the Twenty-fifth Amendment had...

Political Realignment

Political Realignment   Reference library

Theodore Rosenof

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
1,609 words

...William J. ; Nixon, Richard M. ; Party System ; Reagan, Ronald ; and Truman, Harry S . ] Bibliography Campbell, James E. “ Party Systems and Realignments in the United States, 1868–2004. ” Social Science History 30 (2006): 359–386. Mayhew, David R. Electoral Realignments: A Critique of an American Genre . New Haven, Conn.: Yale University Press, 2002. Paulson, Arthur. Electoral Realignment and the Outlook for American Democracy . Boston; Hanover: Northeastern University Press; University Press of England, 2007. Rosenof, Theodore. Realignment: The...

Litigants, notable

Litigants, notable   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
3,921 words
Illustration(s):
1

...the acquisition under the Sugar Act had been ordered by the Queensland Treasurer, ‘Red Ted’ Theodore, later to be Premier of Queensland and a controversial federal Treasurer. Challenging the validity of the proclamations, and the alleged ulterior motive for the seizure, Mrs Duncan claimed that the seizure was wrongful, and that liability in damages should attach to the Queensland government, to the policeman who had taken possession of the cattle, and to Theodore personally. She succeeded at trial and was awarded £2900 in damages. Thereafter, in a seesaw...

PRESIDENTIAL ELECTIONS

PRESIDENTIAL ELECTIONS  

The Oxford Encyclopedia of American Political and Legal History

...John E. Adams vs. Jefferson: The Tumultuous Election of 1800s . Oxford; New York: Oxford University Press, 2004. Lawrence, David G. The Collapse and Fall of the Democratic Presidential Majority: Realignment, Dealignment, and Electoral Change From Franklin Roosevelt to Bill Clinton . New York: Westview Press, 1997. Lichtman, Allan J. The Keys to the White House . Lanham, Md.: Rowman & Littlefield, 2008. Stebenne, David L. Modern Republican: Arthur Larson and the Eisenhower Years . Bloomington: Indiana University Press, 2006. White, Theodore. The...

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