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Full-Text Articles in Law
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Reading Blackstone In The Twenty-First Century And The Twenty-First Century Through Blackstone, Jessie Allen
Book Chapters
If the Supreme Court mythologizes Blackstone, it is equally true that Blackstone himself was engaged in something of a mythmaking project. Far from a neutral reporter, Blackstone has some stories to tell, in particular the story of the hero law. The problems associated with using the Commentaries as a transparent window on eighteenth-century American legal norms, however, do not make Blackstone’s text irrelevant today. The chapter concludes with my brief reading of the Commentaries as a critical mirror of some twenty-first-century legal and social structures. That analysis draws on a long-term project, in which I am making my way through …
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents; they do this by approving (or not disapproving) official action (in the recent past); in turn, these officials look back to official action taken at time/s more or less remote from the present for their precedents.
Table Annexed To Article: The Doctrine Of Stare Decisis In The United States Supreme Court, Peter J. Aschenbrenner
Table Annexed To Article: The Doctrine Of Stare Decisis In The United States Supreme Court, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents; they do this by approving (or not disapproving) official action (in the recent past); in turn, these officials look back to official action taken at time/s more or less remote from the present for their precedents.
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter Aschenbrenner
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.
Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
Table Annexed To Article: The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Peter J. Aschenbrenner
How can we explain so many unanimous decisions if justices of the United States Supreme Court are appointed by Presidents with different philosophies? Far more unanimous decisions occured in the interval 2000-2010 that would result from random decision-making.
Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner
Table Annexed To Workshop Materials: Unanimous Decisions, Peter J. Aschenbrenner
Peter J. Aschenbrenner
How can so many unanimous decisions result from the decision-making of judges appointed by Presidents of different parties? Decisions (2000-2010) are surveyed.
Boone, George Street, 1918-2004 (Sc 1530), Manuscripts & Folklife Archives
Boone, George Street, 1918-2004 (Sc 1530), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 1530. Letter, 18 September 1987, from George Street Boone, an attorney In Elkton, Kentucky, to Senator Wendell H. Ford, Washington, D.C., discussing the candidacy of Robert H. Bork, Jr. as a Justice of the U.S. Supreme Court.
Slavery Rhetoric And The Abortion Debate, Debora Threedy
Slavery Rhetoric And The Abortion Debate, Debora Threedy
Michigan Journal of Gender & Law
There are many things that could be, and have been, said about the question of abortion. This article focuses on the rhetoric of the abortion debate. Specifically, I discuss how both sides of the abortion debate have appropriated the image of the slave and used that image as a rhetorical tool, a metaphor, in making legal arguments. Further, I examine the effectiveness of this metaphor as a rhetorical tool. Finally, I question the purposes behind this appropriation, and whether it reflects a lack of sensitivity to the racial content of the appropriated image.
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Remarks Made At The Second Circuit Judicial Conference, September 8, 1989, Thurgood Marshall
Trotter Review
For many years, no institution of American government has been as close a friend to civil rights as the United States Supreme Court. Make no mistake: I do not mean for a moment to denigrate the quite considerable contributions to the enhancement of civil rights by presidents, the Congress, other federal courts, and the legislatures and judiciaries of many states. It is now 1989, however, and we must recognize that the Court's approach to civil rights cases has changed markedly. The most recent Supreme Court opinions vividly illustrate this changed judicial attitude. In Richmond v. Croson, the Court took …
The Senate's Veto Power Over Presidential Appointments To The Supreme Court, 1916-1930, Wallace Worthy Hall
The Senate's Veto Power Over Presidential Appointments To The Supreme Court, 1916-1930, Wallace Worthy Hall
University of the Pacific Theses and Dissertations
It is a well known fact that in recent years the United States Senate has increasingly become more critical of presidential appointments to the Supreme Court branch. In this thesis the author has undertaken an intensive study of the several cases between 1916 and 1930 in which, serious opposition developed to the confirmation of Supreme Court appointments. Within this period fall the unsuccessful fights against Justices Brandeis,Taft, Butler, Stone,and Hughes,and the successful opposition to Judge Parker. In each case an effort has been made to bring out the forces and arguments operative on either side of the controversy, and to …