Search for: "Matthew Hale" Results 1 - 20 of 165
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20 Dec 2023, 5:21 am by Nathan Dorn
He also replaced the selection from Matthew Hale on the law of descent that appeared in earlier editions with a more recent piece of writing composed by the new (and first) Vinerian Professor of English Law at Oxford, William Blackstone, A treatise on the law of descents in fee simple. [read post]
18 Dec 2023, 4:00 am by Michael C. Dorf
What's shocking here is that the draft Justice Alito first circulated to the conference--with its description of the impositions imposed by abortion restrictions as merely how some women "feel" about the subject and its reliance on the wisdom of witch-burner/rape-culture-hero Sir Matthew Hale--was the version that he apparently arrived at after sharing it with the supposedly more moderate conservative Justices Kavanaugh and Barrett.3) The leak's effect. [read post]
31 Oct 2023, 6:30 am by ernst
Moving beyond the legal implications of Lord Chief Justice Matthew Hale’s claim that rape was a charge ‘easily to be made and hard to be proved’, a context detailed at length by Gregory Durston (JECS 2005;2006), we invite contributions that consider rape from feminist, anti-racist, and/or queer perspectives with the goal to foster solidarity and transform the analysis of sexual violence in eighteenth-century studies. [read post]
22 Jun 2023, 11:28 pm by Josh Blackman
[Justices Sotomayor and Kagan cite Sir Matthew Hale.] [read post]
28 Mar 2023, 3:55 am by Seán Binder
Matthew Mpoke Bigg reports for the New York Times. [read post]
19 Jan 2023, 10:52 am by Eugene Volokh
" The common-law right to confront one's accusers face to face goes back to the Roman Empire and ancient Israel [through Blackstone and Sir Matthew Hale]. [read post]
2 Jan 2023, 10:11 am by Eugene Volokh
" [In the words of] Lord Matthew Hale and William Blackstone, "[T]hough a man be violently assaulted, and hath no other possible means of escaping death, but by killing an innocent person; this fear and force shall not acquit him of murder; for he ought rather to die himself, than escape by the murder of an innocent. [read post]
10 Nov 2022, 6:30 am by Guest Blogger
These common law doctrines, first articulated by Sir Matthew Hale in the 1680s, remove the right to refuse customers from companies holding either a legal or natural monopoly and subject them to FRAND (fair and reasonable nondiscriminatory rates) duties. [read post]
8 Nov 2022, 8:23 am by Jonathan Bailey
The lawsuit was filed by programmer and lawyer Matthew Butterick. [read post]
6 Nov 2022, 6:00 am by Lawrence Solum
Related Lexicon Entries Legal Theory Lexicon 005: Holdings Legal Theory Lexicon 026: Rules, Standards, and Principles Legal Theory Lexicon 032: Fit and Justification Legal Theory Lexicon 073: Persuasive Authority Bibliography Matthew Hale, On the Law of Nature, Reason, and Common Law: Selected Jurisprudential Writings (2018). [read post]
3 Nov 2022, 10:45 am by Mark Ashton
In fact these decisions are replete with recitations of the law of 18th century England including citation to Edward Coke’s Institutes (1644);  Matthew Hale’s Pleas of the Crown (1736) and William Blackstone’s Commentaries (1765). [read post]
3 Nov 2022, 7:48 am by Eric Segall
The Court went as far back as the 13th century to detail this point (including favorable citations of notorious 17th century misogynist and punisher of witches, Sir Matthew Hale). [read post]
1 Nov 2022, 10:22 am by Barbara Moreno
Laby and Jacob Hale Russell, eds., Fiduciary Obligations in Business (2021). 2. [read post]
5 Aug 2022, 4:30 am by Sherry F. Colb
This time, he probably could not cite his hero Sir Matthew Hale (lover of marital rape, disbelieving all rape victims, and executing witches), though he might. [read post]
25 Jul 2022, 9:01 pm by Sherry F. Colb
It is about turning women into public property subject to rape (as SA’s frequently-quoted hero, Sir Matthew Hale, applauds) and then to reproductive servitude for the community. [read post]
20 Jul 2022, 9:55 am by Sherry F. Colb
, they are thereby entitled to do so in 2022.Sir Matthew HaleSA manages to cite the work of notorious misogynist and jurist Sir Matthew Hale more than ten times in the course of what may be one of the three most disgraceful judicial opinions ever to issue forth from this "Supreme" Court and its Trump judges (because yes, Chief Justice Roberts, there are Trump judges, and they are rapidly destroying the public faith in this most dangerous branch). [read post]
16 Jun 2022, 4:00 am by Sherry F. Colb
" Sir Matthew Hale (MH), a British jurist from the seventeenth century with a starring role in Samuel Alito's (SA's) leaked opinion in Dobbs v. [read post]
13 Jun 2022, 10:56 pm by Josh Blackman
[Justice Barrett cites Sir Matthew Hale, as did Justice Alito in Dobbs draft.] [read post]