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Articles 1 - 19 of 19

Full-Text Articles in History

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve Nov 2013

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Jay Tidmarsh

No abstract provided.


The Clerks Of The Four Horsemen, Barry Cushman Nov 2013

The Clerks Of The Four Horsemen, Barry Cushman

Barry Cushman

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange bedfellows.


Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman Nov 2013

Some Varieties And Vicissitudes Of Lochnerism, Barry Cushman

Barry Cushman

This article is a contribution to the Lochner Centennial Symposium at Boston University School of Law. Until recently, a consensus appeared to be emerging among constitutional historians concerning how best to interpret Lochner-era decisions involving Fifth and Fourteenth Amendment challenges to state and federal economic regulation. After decades during which the Court's jurisprudence had been characterized as the product of a reactionary judiciary's commitments to Social Darwinism and laissez-faire economics, more recent scholars had come to see the Court's police powers decisions as animated by what Professor Howard Gillman has called the principle of neutrality. On this ...


The Structure Of Classical Public Law, Barry Cushman Nov 2013

The Structure Of Classical Public Law, Barry Cushman

Barry Cushman

Duncan Kennedy's The Rise and Fall of Classical Legal Thought circulated in manuscript for three decades before it was formally published in 2006. This essay reviews the book's treatment of Classical public law, focusing on its two principal contributions to the historiography of the subject: the concept of legal consciousness, and the structural analysis of constitutional doctrine.


The Hughes Court And Constitutional Consultation, Barry Cushman Nov 2013

The Hughes Court And Constitutional Consultation, Barry Cushman

Barry Cushman

This lecture, delivered to the Supreme Court Historical Society, details the ways in which justices of the Hughes Court provided guidance to members of the political branches in formulating constitutional solutions to the economic crisis of the 1930s. Among the policy areas considered are farm debt relief, energy policy, agricultural policy, civilian relief and public works, retirement pensions, and unemployment compensation.


The Secret Lives Of The Four Horsemen, Barry Cushman Nov 2013

The Secret Lives Of The Four Horsemen, Barry Cushman

Barry Cushman

"Outlined against red velvet drapery on the first Monday of October, the Four Horsemen rode again. In dramatic lore they are known as Famine, Pestilence, Destruction, and Death. These are only aliases. Their real names are Van Devanter, McReynolds, Sutherland, and Butler. They formed the crest of the reactionary cyclone before which yet another progressive statute was swept over the precipice yesterday morning as a packed courtroom of spectators peered up at the bewildering panorama spread across the mahogany bench above." Or so Grantland Rice might have written, had he been a legal realist. For more than two generations scholars ...


Brooklyn Law School: The First Hundred Years, Jeffrey Morris Jun 2013

Brooklyn Law School: The First Hundred Years, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris Jun 2013

To Administer Justice On Behalf Of All The People: The United States District Court For The Eastern District Of New York 1965-1990, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Encyclopedia Of American History, Jeffrey Morris, Richard Morris Jun 2013

Encyclopedia Of American History, Jeffrey Morris, Richard Morris

Jeffrey B. Morris

No abstract provided.


Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris Jun 2013

Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris Jun 2013

Establishing Justice In Middle America: A History Of The United States Court Of Appeals For The Eighth Circuit, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann Jun 2013

Calmly To Poise The Scales Of Justice: A History Of The Courts Of The District Of Columbia Circuit, Jeffrey Morris, Chris Rohmann

Jeffrey B. Morris

No abstract provided.


Review Of Michael Ostling, Between The Devil And The Host: Imagining Witchcraft In Early Modern Poland. Oxford University Press, 2011, For Polin/American Association For Polish Jewish Studies, Magda Teter May 2013

Review Of Michael Ostling, Between The Devil And The Host: Imagining Witchcraft In Early Modern Poland. Oxford University Press, 2011, For Polin/American Association For Polish Jewish Studies, Magda Teter

Magda Teter

Witches and witchcraft have fascinated not only the people of the premodern era, but also modern scholars who produced a tremendous amount of scholarship that has covered not only a large geographic area but also a wide variety of topics related to this subject in European history. Scholars have studied the legal and cultural underpinnings of witch-hunts; records of witch trials and works on witchcraft have served scholars as sources for the history of women and gender and the history of folk medical practices in the premodern era. Anyone interested in the history of witchcraft and magic in Europe can ...


Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh Dec 2012

Siting The Legal History Of Poverty: Below, Above, And Amidst, Karen Tani, Felicia Kornbluh

Karen M Tani

No abstract provided.


The Political And Legal Uses Of Scripture, James W. Watts Dec 2012

The Political And Legal Uses Of Scripture, James W. Watts

James Watts

No abstract provided.


Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble Dec 2012

Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble

Sara L Kimble

No abstract provided.


Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo Dec 2012

Memory Of A Racist Past — Yazoo: Integration In A Deep-Southern Town By Willie Morris, Nick J. Sciullo

Nick J. Sciullo

Willie Morris was in many ways larger than life. Born in Jackson, Mississippi, he moved with his family to Yazoo City, Mississippi at the age of six months. He attended and graduated from the University of Texas at Austin where his scathing editorials against racism in the South earned him the hatred of university officials. After graduation, he attended Oxford University on a Rhodes scholarship. He would join Harper’s Magazine in 1963, rising to become the youngest editor-in-chief in the magazine’s history. He remained at this post until 1971 when he resigned amid dropping ad sales and a ...


Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn Dec 2012

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Wilson R. Huhn

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the antebellum United States.


Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson Dec 2012

Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the ...