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Articles 1 - 9 of 9
Full-Text Articles in Law
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
University of Richmond Law Review
No abstract provided.
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Richmond Public Interest Law Review
This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Richmond Journal of Law and the Public Interest
This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
University of Richmond Law Review
This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
University of Richmond Law Review
No abstract provided.
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
University of Richmond Law Review
This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
University of Richmond Law Review
No abstract provided.
Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones
Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones
Law Faculty Publications
No abstract provided.
Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell
Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell
Law Faculty Publications
Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.