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United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study In Law And Racial Conflict, Debora L. Threedy
Debora L. Threedy
This paper is a case study of United States v. Hatahley, a leading case in the Remedies canon, using the methodology of “legal archaeology” to reconstruct the historical, social and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over a hundred horses and burros. The first section of the paper presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining …
United States V. Hatahley: A Legal Archaeology Case Study Of Law And Racial Conflict, Debora L. Threedy
United States V. Hatahley: A Legal Archaeology Case Study Of Law And Racial Conflict, Debora L. Threedy
Debora L. Threedy
This paper is a case study of United States v. Hatahley, a leading case in the Remedies canon, using the methodology of “legal archaeology” to reconstruct the historical, social and economic context of the litigation. In 1953, a group of individual Navajos brought suit under the Federal Tort Claims Act for the destruction of over a hundred horses and burros. The first section of the paper presents two contrasting narratives for the case. The first relates what we know about the case from the reported opinions, while the second locates the litigated case within the larger social context by examining …
Legal Archaeology And Feminist Legal Theory: A Case Study Of Gender And Domestic Violence, Debora L. Threedy
Legal Archaeology And Feminist Legal Theory: A Case Study Of Gender And Domestic Violence, Debora L. Threedy
Debora L. Threedy
This article examines the case of State v. Jensen, in which a man was convicted for violating a protective order, only to have the conviction overturned by the appellate court on the ground that the female prosecutor, by using her three peremptory challenges to exclude three males from the jury, violated the constitutional guarantee of equal protection. Using the case as a jumping off point, the article goes on to consider how gender affects the legal system’s ability to deal with domestic violence. This paper is located at the intersection of the methodology of legal archaeology and feminist legal theory. …