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Full-Text Articles in Law
Commentary: Was The Bill Of Rights Irrelevant To Nineteenth-Century State Criminal Procedure?, Carolyn B. Ramsey
Commentary: Was The Bill Of Rights Irrelevant To Nineteenth-Century State Criminal Procedure?, Carolyn B. Ramsey
Publications
No abstract provided.
Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem
Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
Recent Supreme Court decisions such as Atkins v. Virginia and Lawrence v. Texas specifically address the linkages between shifting cultural attitudes and the evolution of law. In this Article, I examine the mutually constitutive relationship between legal and cultural developments from a historical perspective and illustrate the necessity of looking to sources that I define as outlaw texts in order to access invaluable information about the process of legal change.
To demonstrate how a study of outlaw texts can enrich our understanding and critical consideration of law and legal history, this Article presents detailed analyses of specific examples of nineteenth-century …
Alice In Legal Wonderland: A Cross-Examination Of Gender, Race And Empire In Victorian Law And Literature, Kristin (Brandser) Kalsem
Alice In Legal Wonderland: A Cross-Examination Of Gender, Race And Empire In Victorian Law And Literature, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
Lewis Carroll's 1865 scene of a recalcitrant Alice in the courtroom, defying the court's authority as she grows (literally) into a large and threatening presence, dramatizes what was becoming an increasingly common Victorian spectacle: a woman questioning and critiquing the law and claiming a place for herself within its institutions. Women have played a significant (but much overlooked) role in legal history and, in this paper, I argue for the importance of examining various narratives of the past (including literary accounts) that explored women's relationship to the law.
Against the backdrop of several legal cases in which women sought entry …
Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt
Law Faculty Scholarly Articles
On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
One Hundred Years Of Harmful Error: The Historical Jurisprudence Of Medical Malpractice, Theodore Silver
Scholarly Works
In this Article, Professor Silver examines the origins of present-day malpractice law. He begins by noting that negligence and medical malpractice as the common law now knows them made their debut in the nineteenth century although their roots lie deep in the turf of trespass and assumpsit. He argues, however, that toward the turn of the century several episodes of linguistic laziness purported to produce a separation between negligence and medical malpractice so that the two fields are conventionally thought to rest on separate doctrinal foundations. According to Professor Silver, historically based scrutiny of medical malpractice and its ties to …