Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (22)
- University of Pennsylvania Carey Law School (12)
- William & Mary Law School (10)
- Selected Works (9)
- University at Buffalo School of Law (9)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (7)
- Cornell University Law School (6)
- American University Washington College of Law (5)
- University of Missouri-Kansas City School of Law (5)
- Georgetown University Law Center (4)
- Maurer School of Law: Indiana University (4)
- University of Arkansas at Little Rock William H. Bowen School of Law (4)
- University of Pittsburgh School of Law (4)
- Columbia Law School (3)
- Seattle University School of Law (3)
- UIC School of Law (3)
- University of Colorado Law School (3)
- University of Kentucky (3)
- Boston University School of Law (2)
- Florida International University College of Law (2)
- SelectedWorks (2)
- University of Cincinnati College of Law (2)
- University of Florida Levin College of Law (2)
- University of Georgia School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- Vanderbilt University Law School (2)
- Chicago-Kent College of Law (1)
- Duke Law (1)
- Fordham Law School (1)
- Georgia State University College of Law (1)
- Keyword
-
- United States Supreme Court (12)
- History (8)
- John Marshall (7)
- Legal History (7)
- 1789-1817 (6)
-
- 1817-1861 (6)
- United States History (6)
- New Deal (5)
- Constitution (4)
- Equal Protection Clause (4)
- Legal history (4)
- Race and law (4)
- Segregation (4)
- Slavery (4)
- Terrorism (4)
- African American (3)
- Brown v. Board of Education (3)
- Civil rights (3)
- Constitutional History (3)
- Famous Trials (3)
- Judges (3)
- Judicial Process (3)
- National Labor Relations Act (3)
- Race (3)
- Sovereignty (3)
- Trial (3)
- Women (3)
- 2000 election (2)
- Bowers v. Hardwick (2)
- Christian (2)
- Publication
-
- All Faculty Scholarship (12)
- Michigan Law Review (11)
- Faculty Scholarship (10)
- Articles (8)
- William & Mary Law Review (8)
-
- Cornell Law Faculty Publications (6)
- Faculty Works (5)
- Nevada Law Journal (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Faculty Publications (4)
- Georgetown Law Faculty Publications and Other Works (4)
- Scholarly Works (4)
- The Journal of Appellate Practice and Process (4)
- The Opinion Newspaper (all issues) (4)
- Publications (3)
- Buffalo Human Rights Law Review (2)
- Buffalo Law Review (2)
- Faculty Articles (2)
- Faculty Articles and Other Publications (2)
- Kent Greenfield (2)
- Kentucky Law Journal (2)
- Michigan Journal of Gender & Law (2)
- Michigan Journal of Race and Law (2)
- Reviews (2)
- UF Law Faculty Publications (2)
- UIC Law Open Access Faculty Scholarship (2)
- Vanderbilt Law School Faculty Publications (2)
- antonio lordi (2)
- Alfred Aman Jr. (1991-2002) (1)
- American Indian Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 148
Full-Text Articles in Law
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday
Michigan Law Review
For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …
Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan
Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan
Lucian E Dervan
Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.
The Opinion Volume 41 Issue 2 – November 25, 2002, The Opinion
The Opinion Volume 41 Issue 2 – November 25, 2002, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November 25, 2002
The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion
The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated October 23, 2002
A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett
A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett
Buffalo Law Review
No abstract provided.
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy
The Journal of Appellate Practice and Process
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Cornell Law Faculty Publications
By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …
A Canadian's View From The Staten Island Ferry, Gerald Lebovits
A Canadian's View From The Staten Island Ferry, Gerald Lebovits
Gerald Lebovits
No abstract provided.
Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler
Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser
Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser
Buffalo Law Review
No abstract provided.
The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades
Faculty Publications
No abstract provided.
Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman
Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman
Faculty Scholarship
On the 200th anniversary of Whittington and approaching the 200th anniversary of Marbury, this article revisits these two decisions and challenges legal scholars' assumptions that they were such strong precedents for judicial review.5 When one takes into account the broader contexts, both decisions were in fact judicial capitulations to aggressive legislatures and executives. The Maryland General Court asserted its judicial supremacy only in dicta, and the court failed to enforce judicial supremacy when it was legally justified. This article picks apart the court's reasoning step by step, using Whittington to illuminate Marbury and Marbury to illuminate Whittington. …
Legal Orientalism, Teemu Ruskola
Legal Orientalism, Teemu Ruskola
Michigan Law Review
Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …
Important Lessons From History, Wendy Brown-Scott
Important Lessons From History, Wendy Brown-Scott
Buffalo Human Rights Law Review
Book review of Mark Curriden & Leroy Phillips, Jr.'s Contempt of Court: The Turn-Of-The_Century Lynching That Launched A hundred Years Of Federalism
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna
Buffalo Human Rights Law Review
No abstract provided.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.
Michigan Law Review
What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …
It's Time To Federalize Corporate Charters, Kent Greenfield
It's Time To Federalize Corporate Charters, Kent Greenfield
Kent Greenfield
No abstract provided.
Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins
Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins
University of Michigan Journal of Law Reform
In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham
Nevada Law Journal
No abstract provided.
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn
Nevada Law Journal
No abstract provided.
Classic Insurance Law In A Postmodern World, Leo P. Martinez
Classic Insurance Law In A Postmodern World, Leo P. Martinez
Nevada Law Journal
No abstract provided.
Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel
Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii
Nevada Law Journal
No abstract provided.
September 11 And The End Of History For Corporate Law, Kent Greenfield
September 11 And The End Of History For Corporate Law, Kent Greenfield
Kent Greenfield
Using the tragic events of September 11th as case study; this Essay critiques a prominent, recent article that suggests the ideology of shareholder primacy has become so dominant that the "end of history" is at hand for corporate law. The author suggests that a dedication to shareholder primacy helped create the context in which the events of September 11th could occur, by making the airlines less attentive to security concerns that did not affect the airline companies' stock prices. Shareholder primacy makes corporations more likely to externalize the costs of the firms' decisions onto constituencies other than shareholders, and such …
The Nonprofit Sector And The New State Activism, Mark Sidel
The Nonprofit Sector And The New State Activism, Mark Sidel
Michigan Law Review
The burgeoning field of nonprofit and philanthropic law has a new and superb history in Norman Silber's pathbreaking A Corporate Form of Freedom: The Emergence of the Nonprofit Sector. In confronting "the history of efforts to control the creation and permissible purposes for nonprofit corporations by states, and ... the relocation of these efforts to the Internal Revenue Service" (p. 5), Professor Silber effectively deliniates the rich history of our ambiguous, often conflicted attempts to regulate the American nonprofit sector, and points clearly to the ways in which history influences the current complexities of state regulation. From a discredited …
Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld
Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld
Contributions to Books
Published as Chapter 14 in Republicanism and Liberalism in America and the German States, 1750–1850, Jürgen Heideking, James A. Henretta & Peter Becker, eds.
Liberal ideas are normally taken to have played an important role in the development of free markets, and of free labor based on contract in those markets. A closer look at labor regimes in the nineteenth century, however, reveals that liberal commitments to freedom did not straightforwardly produce what we today would think of as free labor. Just as often they produced a form of coerced contractual labor. And this was quite simply because liberal commitments …
Foreword, Azizah Y. Al-Hibri
Foreword, Azizah Y. Al-Hibri
Law Faculty Publications
Recent world events have also underlined the fact that the shrinking global village is not moving automatically towards increased democracy, peace and cooperation. The use of force continues to be the preferred tool for conflict resolution, despite all claims to the contrary. To complicate matters, the new technological innovations are bringing violence instantaneously to our doorstep. Conflicts in far away regions of the world can no longer be ignored. They have cast their shadow over our cities. The dream of the global village has become a nightmare, with no apparent exit. What can we do about it?
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander
American University Law Review
No abstract provided.
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird
The Journal of Appellate Practice and Process
No abstract provided.
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci
The Journal of Appellate Practice and Process
No abstract provided.