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Articles 1 - 6 of 6
Full-Text Articles in Law
The Slavery Of Emancipation, Guyora Binder
The Slavery Of Emancipation, Guyora Binder
Journal Articles
The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still …
Aspects Of Reception Of Law, Alan Watson
Aspects Of Reception Of Law, Alan Watson
Scholarly Works
In most places at most times borrowing is the most fruitful source of legal change. The borrowing may be from within the system, by analogy - from negligence in torts to negligence in contract, for instance - or from another legal system. The act of borrowing is usually simple. To build up a theory of borrowing on the other hand, seems to be an extremely complex matter. Receptions come in all shapes and sizes: from taking over single rules to (theoretically) almost a whole system. They present an array of social phenomena that are not easily explained: from whom can …
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman
Elisabeth Haub School of Law Faculty Publications
Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in debt, …
Telling The Story Of The Hughes Court, Richard D. Friedman
Telling The Story Of The Hughes Court, Richard D. Friedman
Articles
When Justice Oliver Wendell Holmes, Jr., died in 1935, he left the bulk of his estate to the United States Government. This gift, known as the Oliver Wendell Hnlmes Devise, sat in the Treasury for about twenty years, until Congress set up a Presidential Commission to determine what to do with it. The principal use of the money has been to fund a multivolume History of the United States Supreme Court. The history of the project itself has not always been a happy one, for some of the authors have been unable to complete their volumes. Among them was one …
First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette
First Flower - The Earliest American Law Reports And The Extraordinary Josiah Quincy Jr. (1744-1775), Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.