The Rise of Boss Hague

2020 ◽  
pp. 15-44
Author(s):  
Donald W. Rogers
Keyword(s):  
Common Law ◽  
Civil Liberties ◽  
Moral Reform ◽  
Law And Order ◽  
Jersey City ◽  
Police Action ◽  
Municipal Law ◽  
The Common ◽  
Law Enforcement Culture ◽  
Public Concerns

This chapter analyzes the mayoralty of Jersey City boss Frank Hague, portraying him not just as an autocrat who trampled on civil liberties, but as representative of city machine politics, municipal law, and law enforcement culture that prevailed before the 1930s. Much like other city leaders, he was a second-generation Irish Catholic boss who blended ward politics with Progressive “coercive moral reform.” Meanwhile, constitutional law under Davis v. Massachusetts (1897), municipal law’s “limits of power” doctrine, and the common law of “illegal assembly” allowed city police broad authority over speech, assembly, and picketing, while public concerns about crime and widespread police lawlessness abetted tough “law-and-order” police action in Jersey City and elsewhere. This old-fashioned legal culture shaped Jersey City’s reception of CIO organizers 1937-39.

Military Espionage

1911 ◽  
Vol 5 (3) ◽  
pp. 590-603
Author(s):  
Henry Wager Halleck ◽  
George B. Davis
Keyword(s):  
Common Law ◽  
The State ◽  
International Code ◽  
Law Of War ◽  
Municipal Law ◽  
The Subject ◽  
The Common ◽  
Mode A

Military espionage has been regarded from time immemorial, in all countries and among all nations, as a military offense of great criminality. Its penalty is death by hanging. This is the common law of war. Some nations have by orders, decrees or municipal laws, defined what constitutes this offense and provided for the trial and punishment of the offender. It should be observed, however, that espionage, being an offense at the common law of war, punishable by death in a particular mode, a spy may be executed without any municipal law on the subject, and that municipal laws, in regard to espionage, are binding only upon the state which makes them; they form no part of the international code.

A Disenchanted Charter? The Common Law Tradition and the Charter of Rights and Freedoms.

1988 ◽  
Vol 3 ◽  
pp. 195-225
Author(s):  
Bryce Weber
Keyword(s):  
Supreme Court ◽  
Common Law ◽  
Civil Liberties ◽  
Law And Society ◽  
Theoretical Level ◽  
Canadian Charter ◽  
The Supreme Court ◽  
The Common ◽  
Practical Level

Abstract The statutory entrenchment of the Canadian Charter of Rights and Freedoms marks a break with the common law practice of protecting civil liberties by means of socio-legal convention. This article argues that such a break with common law practice can be justified at a theoretical level through reference to Max Weber's liberal rationalist account of the effects of modernization on law and society and, at a practical level, points out parallels between Weber's position on modern law, the pre-entrenchment doctrine of the Supreme Court and Pierre Trudeau's advocacy of the Charter. However, the article argues that a Weberian account of modernity and law is based upon too narrow a conception of rationality to allow it to deal with the normative questions that are raised by the substantively democratic claims made by the Charter and with which the courts will have to deal in making judgements in Charter cases. The article concludes that in order for court interpretation to take the substantive sections of the Charter into account in a meaningful fashion, it will be forced to abandon what, until the entrenchment of the Charter, was a narrow, positivist interpretation of rights and democracy; and that this can be accomplished by means of a reconstruction of the democratic ethos that is nascent within the common law tradition but remains as yet undeveloped in a clear fashion.

Workers against the City

2020 ◽  
Author(s):  
Donald W. Rogers
Keyword(s):  
Civil Liberties ◽  
Federal District ◽  
Fourteenth Amendment ◽  
District Court ◽  
Jersey City ◽  
Public Places ◽  
Conventional View ◽  
Police Powers ◽  
Municipal Law ◽  
American Civil Liberties Union

This book contributes to legal and labor history by reinterpreting the U.S. Supreme Court’s Hague v. CIO (1939) decision, which upheld a federal district court injunction prohibiting Jersey City boss Frank Hague from obstructing workers from the Committee for Industrial Organization (CIO) and allies in the American Civil Liberties Union (ACLU) from meeting in urban public places. The case involved speech and assembly freedoms, rights essential for CIO workers’ organizing efforts, but, as the book shows, these rights were submerged under municipal police powers to preserve public order until the court brought them under federal protection of the Fourteenth Amendment in Hague. Revising the conventional view, the book argues that Hague was more than simply a civil liberties victory for workers over a dictatorial, antilabor city boss. Drawing on new evidence in city archives, CIO records, trial transcripts, newspaper reports, and Jersey City court filings, as well as traditional sources in ACLU records and anti-Hague literature, the book demonstrates that the Hague-versus-CIO controversy emanated more from shifts in the labor movement from craft to industrial unionism, in municipal law, in urban police practices, in the politics of anticommunism and antifascism, and especially in the Supreme Court’s “civil liberties revolution.” With women and African Americans on the periphery, the book concludes, male CIO workers initiated the case, but Hague ultimately benefitted outdoor protests more than it benefitted labor speech.

INDICATIONS OF INCONSISTENCY

2019 ◽  
Vol 78 (3) ◽  
pp. 612-639
Author(s):  
Nicholas Petrie
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Liberties ◽  
Judicial Practice ◽  
The Common

AbstractThe author makes two claims in this paper. First, there appears to be an increase in indications of inconsistency (“IoIs”) across the common law world. Second, this increase is a normatively concerning turn in judicial practice. IoIs are judicial statements which, either explicitly or by implication, indicate that primary legislation is incompatible with certain protected human rights or civil liberties. They are related to, but stop short of, the formal remedies known as declarations of inconsistency (“DoIs”).

Into Bondage Again

2008 ◽  
pp. 17-22
Author(s):  
John Roy Lynch
Keyword(s):  
Common Law ◽  
Colored People ◽  
Marriage Contracts ◽  
Municipal Law ◽  
The Common ◽  
Local Law ◽  
Civil Contract ◽  
Legal Marriage

This chapter examines how Catherine White and her children were bought by Alfred V. Davis. Catherine accepted the situation with calmness and resignation, and she considered herself fortunate in being at the mercy of such a just, fair, and humane man as she had every reason to believe Davis to be. To the everlasting credit of Davis, he lived up to, and faithfully carried out, every pledge and promise he made. The chapter then considers slave marriages. The fact must not be overlooked that, under the municipal or local law, or lex loci, there could be no such thing as a legal marriage between two persons of the colored or African race or between a white and colored person. Such unions were recognized and accepted as common-law marriages, although under the common law a marriage is a civil contract entered into between two persons capable of making contracts. Under the municipal law, colored people could not legally become parties to a valid contract, marriage contracts not excepted, because in law they were not persons capable of making contracts.

Lepaulle Appropriated

2015 ◽  
Author(s):  
Alexandra Popovici ◽  
Lionel D Smith
Keyword(s):  
International Law ◽  
English Translation ◽  
Common Law ◽  
Civil Law ◽  
Tax Law ◽  
Private Law ◽  
Municipal Law ◽  
The Common ◽  
Droit International

This chapter discusses the English translation of the first chapter of Pierre Lepaulle's 1932 book Traité théorique et pratique des trusts en droit interne, en droit fiscal et en droit international (A Theoretical and Practical Treatise on Trusts in Municipal Law, Tax Law, and International Law). The book articulates Lepaulle's vision of the common law trust as an affected patrimony. His goal was to explain the common law trust to a civilian audience, using the vocabulary and the conceptual tools of the civil law in its French manifestation. The chapter first provides a background on the translation project, which involved appropriating Lepaulle, and the author before presenting the translation. It emphasises the significance of Lepaulle's work to the notions of trust and patrimony as well as to civil law in French and to private law more generally, including the common law.

Is Style of Reasoning a Fundamental Difference Between the Common Law and the Civil Law?

2017 ◽  
Vol 17 (2) ◽  
pp. 238-290
Author(s):  
Colm Peter McGrath ◽  
◽  
Helmut Koziol ◽  
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Fundamental Difference ◽  
The Common

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

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.

Sign in / Sign up

Export Citation Format

Share Document