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Full-Text Articles in Law

The Use Of The Fourteenth Amendment By Salmon P. Chase In The Trial Of Jefferson Davis, C. Ellen Connally Jul 2015

The Use Of The Fourteenth Amendment By Salmon P. Chase In The Trial Of Jefferson Davis, C. Ellen Connally

Akron Law Review

The resulting decision in The Slaughterhouse Cases is one that is still debated and stands as a primary example of an unintended consequence of a constitutional amendment. Although historians and legal scholars have considered a number of the unintended consequences of the Fourteenth Amendment, one result, unforeseen by its proponents, has been totally overlooked... In the legal proceedings that came to be known as United States v. Jefferson Davis, a legal determination was required to determine whether or not Section 3 imposed a simple disqualification or an actual punishment...Could those who pushed for the adoption of the Fourteenth Amendment, those …


The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps Apr 2004

The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the searing …


Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn Feb 2002

Sexualized Racism/Gendered Violence: Outraging The Body Politic In The Reconstruction South, Lisa Cardyn

Michigan Law Review

From its establishment in the months following the Civil War by a motley assortment of disgruntled former rebels, the first Ku Klux Klan, like its many vigilante counterparts, employed terror to realize its invidious social and political aspirations. This terror assumed disparate shapes - from the storied nightriding of disguised bands on horseback, to cryptic threats, horrific assaults, and, not infrequently, murder. While students of Reconstruction have considered many facets of klan violence, none to date has focused exclusively on sexual violence in its historical specificity. Yet, as the work of Catherine Clinton, Laura Edwards, and Martha Hodes persuasively demonstrates, …