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Full-Text Articles in Law
Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman
Resisting In Process: Human Beings Ensnared In The Fugitive Slave Law Of 1850 (A Working Collection), Daniel Farbman
Dan Farbman
No abstract provided.
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin
The Birth Of A Nation: A Study Of Slavery In Seventeenth-Century Virginia, Randolph M. Mclaughlin
Elisabeth Haub School of Law Faculty Publications
Race based slavery in North America had its origins in seventeenth-century Virginia. Initially, the position of the African worker was similar to that of the indentured servants from England. During the early to mid-seventeenth century, both African and English indentured servants served for a period of years and received the protections to which a servant was entitled. However, during the 1640s there appeared examples of Africans also being held as slaves. Thus, during the seventeenth century there existed a dual system of servitude or bondage for the African worker. One basis for this duality was the common law practice that …
Race, Slavery And Justice: A Justice System Case Study, Camille Cameron
Race, Slavery And Justice: A Justice System Case Study, Camille Cameron
Reports & Public Policy Documents
We do not have to look far today in Canada to see the legacies of slavery in their full effect. One of these legacies is the way in which we have chosen to forget slavery, or perhaps to deny it, and to create a different narrative. “Slavery is Canada’s best-kept secret, locked within the national closet,” asserts Afua Cooper. Ask many Canadians about the history of slavery in Canada and they will talk about the Underground Railroad. This is what many of us learned in school, that slavery existed in America, not in Canada, and that Canada’s heroic, romantic role …
Federally Funded Slaving, Rafael I. Pardo
Federally Funded Slaving, Rafael I. Pardo
Scholarship@WashULaw
This Article presents a new frame of reference for thinking about the federal government’s complicity in supporting the domestic slave trade in the antebellum United States. While scholars have accounted for several methods of such support, they have failed to consider how federal bankruptcy legislation during the 1840s functionally created a system of direct financial grants to slave traders in the form of debt discharges. Relying on a variety of primary sources, including manuscript court records that have not been systematically analyzed by any published scholarship, this Article shows how the Bankruptcy Act of 1841 enabled severely indebted slave traders …
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …
Slavery And Freedom In Texas: Stories From The Courtroom, 1821-1871 (Book Review), Michael Ariens
Slavery And Freedom In Texas: Stories From The Courtroom, 1821-1871 (Book Review), Michael Ariens
Faculty Articles
No abstract provided.
Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley
Sticks, Stones, And So-Called Judges: Why The Era Of Trump Necessitates Revisiting Presidential Influence On The Courts, Quinn W. Crowley
Indiana Law Journal
This Note will be primarily divided into three main sections. Part I of this Note will begin by discussing the importance of judicial independence in modern society and the role of elected officials in shaping the public perception of the courts. Additionally, as problems of judicial legitimacy are age-old and date back to America’s founding, Part I will include a brief discussion of an early clash between President Thomas Jefferson and the courts.
Parts II and III of this Note will seek to place President Trump’s conduct towards the judicial branch within the proper historical context. Part II examines the …