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Duke Law

2004

History

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Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt Dec 2004

Crystal Eastman And The Internationalist Beginnings Of American Civil Liberties, John Fabian Witt

Duke Law Journal

The modern American civil liberties movement famously began with the United States's intervention in World War I. Yet these beginnings have long raised a conundrum for civil liberties historians. Why did the American civil liberties movement arise precisely when so many sophisticated legal and political thinkers began to call into question the truth value of abstract rights claims? The puzzling rise of civil liberties in an age of pragmatic skepticism is all the more startling given that early leaders of the civil liberties movement were themselves leading rights skeptics. This Article offers a new interpretation of the rise of the …


The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps Jul 2004

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

Law and Contemporary Problems

Epps presents information concerning the historical context of the Fourteenth Amendment. Among other implications, the Amendment should be viewed as an effort to defend the national government from control by transient majorities or undemocratic factions in the states.