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Full-Text Articles in Law

Stopping Time: The Pro-Slavery And 'Irrevocable' Thirteenth Amendment, A. Christopher Bryant Jan 2003

Stopping Time: The Pro-Slavery And 'Irrevocable' Thirteenth Amendment, A. Christopher Bryant

Faculty Articles and Other Publications

In the post-secession winter of 1861, both Houses of Congress approved a proposed thirteenth amendment to the U.S. Constitution. Three northern States even ratified the proposal before the Civil War intervened. That version of the thirteenth amendment, introduced in the House by Representative Thomas Corwin of Ohio, purported to prohibit any future amendment granting Congress power to interfere with slavery in the States. The Congressional Globe volumes for the winter 1861 legislative session include rich debates about whether the amending power could be used to limit future exercise of that same authority. Those forgotten debates offer significant insights for modern …


The Enumerated Powers Of States, Robert G. Natelson Jan 2003

The Enumerated Powers Of States, Robert G. Natelson

Robert G. Natelson

This article lists and discusses the powers reserved exclusively to the states, according the representations made to the ratifying public during the debates over the U.S. Constitution.


The Constitutional Contributions Of John Dickinson, Robert G. Natelson Jan 2003

The Constitutional Contributions Of John Dickinson, Robert G. Natelson

Robert G. Natelson

This article reviews the impact on the drafting and adoption of the U.S. Constitution of the man sometimes referred to as the most underappreciated Founder


Statutory Retroactivity: The Founders' View, Robert G. Natelson Jan 2003

Statutory Retroactivity: The Founders' View, Robert G. Natelson

Robert G. Natelson

The article explains the extent to which the Founders' Constitution permitted and prohibited retroactive legislation, and the provisions in that document relevant to the question.


A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson Jan 2003

A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson

Robert G. Natelson

Nearly all participants in the American Founding shared constitutiona/ values of "sympathy" and "independence." According to the ideal of sympathy, government actors should mirror the full range of popular attitudes. According to the ideal of independence, voters should remain independent of other citizens and of governmental entities, and those entities should remain independent of, and competitive with, each other. Sympathy and independence were central, not peripheral, to the Founders' Constitution, so the document cannot be interpreted properly without keeping them in view. The author provides examples of how constitutional practice might be altered had these central values not been overlooked.


Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr. Jan 2003

Caseload Burdens And Jurisdictional Limitations: Some Observations From The History Of The Federal Courts, Edward A. Purcell Jr.

NYLS Law Review

No abstract provided.


Rethinking Fairness: Principled Legal Realism And Federal Jurisdiction, Aviam Soifer Jan 2003

Rethinking Fairness: Principled Legal Realism And Federal Jurisdiction, Aviam Soifer

NYLS Law Review

No abstract provided.


Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz Jan 2003

Jon O. Newman And The Abortion Decisions: A Remarkable First Year, Andrew D. Hurwitz

NYLS Law Review

No abstract provided.


Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch Jan 2003

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

NYLS Law Review

No abstract provided.


Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin Jan 2003

Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin

NYLS Law Review

No abstract provided.