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James W. Ely

Bio: James W. Ely is an academic researcher from Vanderbilt University. The author has contributed to research in topics: Supreme court & Property rights. The author has an hindex of 12, co-authored 59 publications receiving 564 citations.


Papers
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Book
01 Jan 1992
TL;DR: The Oxford Companion to the Supreme Court of the United States as discussed by the authors provides a comprehensive and accessible guide to the most important judicial body in America, providing an indispensable resource for understanding the workings of American law.
Abstract: Offering a comprehensive and accessible guide to the most important judicial body in America, The Oxford Companion to the Supreme Court of the United States is an indispensable resource for understanding the workings of American law. This new edition is the first substantial revision to the best-selling work first published back in 1992. The Court has continued to write constitutional history over the eleven years since publication of the first edition. Two new justices have joined the high court, more than 800 cases have been decided and a good deal of new scholarship has appeared on many of the topics central to the volume. In many cases, moreover, even though most of the new decisions themselves would not warrant a separate entry, the holdings associated with them have further defined crucial areas of constitutional law, such as abortion, freedom of religion, school desegregation, freedom of speech, voting rights, and the rights of the accused. Chief Justice William H. Rehnquist presided over the impeachment trial of President Bill Clinton, and the Court as a whole played a decisive and controversial role in the outcome of the 2000 presidential election. Under Rehnquistss leadership, a bare majority of the justices have rewritten significant areas of the law dealing with federalism, sovereign immunity, and the commerce power. In total, nearly 100 new articles have been added to the companion, bringing the total to over 1200, ensuring the Oxford Companion remains the most authoritative and comprehensive guide available, and an ideal companion to Kermit Hall's The Oxford Companion to American Law.

124 citations

Book
31 Oct 1991
TL;DR: In this paper, the origins of property rights are discussed in the Colonial Period and the New Deal and the Demise of Laissez-Faire Constitutionalism in the Antebellum Era.
Abstract: Editor's Preface Preface Introduction 1. The Origins of Property Rights: The Colonial Period 2. The Revolutionary Era, 1765-1787 3. "Property Must Be Secured": Establishing a New Constitutional Order 4. The Development of Property Rights in the Antebellum Era, 1791-1861 5. The Gilded Age and the Challenge of Industrialization 6. Progressive Reform and Judicial Conservatism, 1900-1932 7. The New Deal and the Demise of Laissez-Faire Constitutionalism 8. Property Rights and the Regulatory State 9. Epilogue Notes Bibliographical Essay Index of Cases Index

110 citations

Book
01 Mar 2001
TL;DR: The Oxford Companion to the United States Supreme Court as discussed by the authors contains more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings, including United States v. Armstrong (selective prosecution), Atkins v. Virginia (executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments).
Abstract: This compact reference book contains the case articles from the prize-winning Oxford Companion to the United States Supreme Court. This new edition of the Guide will contain more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings. Among the new entries are United States v. American Library Association (censorship of internet content), United States v. Armstrong (selective prosecution), Atkins v. Virginia (executing the mentally retarded violates the Eighth Amendment's ban on cruel and unusual punishments), Boy Scouts v. Dale (freedom of association), Bush v. Gore (equal protection and recount), Nixon v. United States (political questions inappropriate for judicial resolution), , Gonzales v. Carhart and Gonzales v. Planned Parenthood Federation of America (abortion), Gonzales v. Raich, (Congress can proscribe all use of marijuana under commerce power), Morse v. Frederick (student's free speech), and Rumsfeld v. Forum for Academic and Institutional Rights (First Amendment and Solomon Amendment). Four decisions-Hamdi v. Bush, Hamdan v. Rumsfeld, Rasu v. Bush, and Rumsfeld v. Padila-will be considered in a single essay entitled "Enemy Combatant Cases." In addition to these new cases, both front and backmatter materials have been revised, including the Introduction, the Directory of Contributors, Case Index, Topical Index, and Appendix Two has been revised to note changes in the Supreme Court, including the death of Chief Justice Rehnquist and the retirement of Justice O'Connor, and their replacement by Chief Justice Roberts and Justice Alito.

45 citations

Book
01 Jan 1991
TL;DR: The third edition of American Legal History as mentioned in this paper provides a comprehensive selection of the most important documents in the field, which integrate the history of public and private law from America's colonial origins to the present.
Abstract: Revised and expanded in this third edition, American Legal History now features a new co-author, James Ely, who is a specialist on property rights. This highly acclaimed text provides a comprehensive selection of the most important documents in the field, which integrate the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, it shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy, and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. American Legal History, Third Edition, offers fresh material throughout and increased coverage of cases on such topics as slave law, politics, and terrorism. The authors have incorporated more cases dealing with minority rights, including Native American and Asian American rights, women's rights, and gender and gay rights. Two new chapters have been added to this edition: one on law and economics in modern America and New Federalism and the other on law, politics, and terrorism, including a full discussion of the USA Patriot Act. The "since 1945" portion includes up-to-date material and current cases. The section on English background and colonial America has been expanded. In addition, there is new material on the most recent developments in American constitutional and legal history. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Third Edition, is an essential text for students and teachers of constitutional and legal history, the judicial process, and the effects of law on society.

33 citations

Book
23 Jul 1992
TL;DR: Lawyers and law reform conveyancing reform title registration achieved perfecting a private market professionalism, officialism - solicitors and the state 1898-1912 - the old order resurgent lawyers law - the conveyancing Bills 1913-1914 law fit for heroes retrospect and epilogue as mentioned in this paper.
Abstract: Lawyers and law reform conveyancing reform title registration achieved perfecting a private market professionalism, officialism - solicitors and the state 1898-1912 - the old order resurgent lawyers law - the conveyancing Bills 1913-1914 law fit for heroes retrospect and epilogue

25 citations


Cited by
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MonographDOI
TL;DR: In this paper, the authors argue that documents such as passports, internal passports and related mechanisms have been crucial in making distinctions between citizens and non-citizens and examine how the concept of citizenship has been used to delineate rights and penalties regarding property, liberty, taxes and welfare.
Abstract: In order to distinguish between those who may and may not enter or leave, states everywhere have developed extensive systems of identification, central to which is the passport. This innovative book argues that documents such as passports, internal passports and related mechanisms have been crucial in making distinctions between citizens and non-citizens. It examines how the concept of citizenship has been used to delineate rights and penalties regarding property, liberty, taxes and welfare. It focuses on the US and Western Europe, moving from revolutionary France to the Napoleonic era, the American Civil War, the British industrial revolution, pre-World War I Italy, the reign of Germany's Third Reich and beyond. This innovative study combines theory and empirical data in questioning how and why states have established the exclusive right to authorize and regulate the movement of people.

911 citations

Journal ArticleDOI
TL;DR: The relative advantages of private property and common property for the efficiency, equity, and sustainability of natural resource use patterns have been debated in legal and economic literatures for several centuries as mentioned in this paper.
Abstract: The relative advantages of private property and common property for the efficiency, equity, and sustainability of natural resource use patterns have been debated in legal and economic literatures for several centuries. The debate has been clouded by a troika of confusions that relate to the difference between (1) common property and open-access regimes, (2) common-pool resources and common property regimes, and (3) a resource system and the flow of resource units. A property right is an enforceable authority to undertake particular actions in specific domains. The rights of access, withdrawal, management, exclusion and alienation can be separately assigned to different individuals as well as being viewed as a cumulative scale moving from the minimal right of access through possessing full ownership rights. All of these rights may be held by single individuals or by collectivities. Some attributes of common-pool resources are conducive to the use of communal proprietorship or ownership and others are conducive to individual rights to withdrawal, management, exclusion and alienation. Many of the lessons learned from the operation of communal property regimes related to natural resource systems are theoretically relevant to the understanding of a wide diversity of property regimes that are extensively used in modern societies. JEL classification: K1, Q2, H4, D7

448 citations

Journal ArticleDOI
TL;DR: In this article, the authors show that it is not always optimal to use the common anti-seniority rule whereby experts speak in order of increasing expertise, and that a committee with more able experts may be afflicted by greater herding problems, yielding a worse outcome.

246 citations

Journal ArticleDOI
TL;DR: A young Indian woman entered Dr. Connie Pinkerton-Uri's Los Angeles office on a November day in 1972 and asked for a "womb transplant" because she and her husband wished to start a family despite the IHs physician having told her that the surgery was reversible.
Abstract: A young Indian woman entered Dr. Connie Pinkerton-Uri's Los Angeles office on a November day in 1972. The twenty-six-year-old woman asked Dr. Pinkerton-Uri for a "womb transplant" because she and her husband wished to start a family. An Indian Health Service (IHS) physician had given the woman a complete hysterectomy when she was having problems with alcoholism six years earlier. Dr. Pinkerton-Uri had to tell the young woman that there was no such thing as a "womb transplant" despite the IHs physician having told her that the surgery was reversible. The woman left Dr. PinkertonUri's office in tears.'

236 citations

Journal ArticleDOI
TL;DR: In this paper, the authors construct a complete network of 26,681 majority opinions written by the U.S. Supreme Court and the cases that cite them from 1791 to 2005.
Abstract: We construct the complete network of 26,681 majority opinions written by the U.S. Supreme Court and the cases that cite them from 1791 to 2005. We describe a method for using the patterns in citations within and across cases to create importance scores that identify the most legally relevant precedents in the network of Supreme Court law at any given point in time. Our measures are superior to existing network-based alternatives and, for example, offer information regarding case importance not evident in simple citation counts. We also demonstrate the validity of our measures by showing that they are strongly correlated with the future citation behavior of state courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. In so doing, we show that network analysis is a viable way of measuring how central a case is to law at the Court and suggest that it can be used to measure other legal concepts.

223 citations