History Commons^™

Labor, The Law, And Economics: The Organization Of The Chicago Flat Janitors' Union, 1902-1917, John Jentz

Library Faculty Research and Publications

No abstract provided.

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …

The Dissent And Its Change, Lee R. Hunt

Mahurin Honors College Capstone Experience/Thesis Projects

The Dissent and Its Change is a historical look at a few of the men who have had an important impact on the United States Supreme Court. Justice Oliver Wendell Holmes is best known for his many dissenting opinions while on the Supreme Court. He was one of the first Justices to give the dissenting opinion legitimacy and to make it into a powerful force that can change the law. Justice Holmes spent much of his thirty-year term on the Supreme Court dissenting against the use ofthe Fourteenth Amendment to invalidate laws passed by state and federal legislatures. In the …

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …

Implementing Procedural Change: Who, How, Why, And When?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Abraham Lincoln And The Doctrine Of Necessity, Allen C. Guelzo

Civil War Era Studies Faculty Publications

Abraham Lincoln was a fatalist. That, at least, was what he told many people over the course of his life. "I have all my life been a fatalist," Lincoln informed his Illinois congressional ally, Isaac Arnold. "Mr. Lincoln was a fatalist," remembered Henry Clay Whitney, one of his Springfield law clerks, "he believed ... that the universe is governed by one uniform, unbroken, primordial law." His Springfield law partner William Henry Herndon, likewise, affirmed that Lincoln "believed in predestination, foreordination, that all things were fixed, doomed one way or the other, from which there was no appeal." Even Mary Todd …

Immigration Policy, Liberal Principles, And The Republican Tradition, Howard F. Chang

All Faculty Scholarship

No abstract provided.