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Full-Text Articles in Law

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo Mar 2018

Dignity Takings In The Criminal Law Of Seventeenth-Century England And The Massachusetts Bay Colony, John Felipe Acevedo

Chicago-Kent Law Review

When does a punishment for crime cross from being a legitimate goal of the state to a dignity taking? From the Norman Conquest until the middle of the eighteenth-century, the Common Law provided that in addition to execution, the property of convicted felons or traitors was forfeited to the crown and their blood corrupted so that their heirs could not inherit. I argue this is a clear instance of dignity takings. The colonists who traveled to Massachusetts Bay wanted a fresh start and so sought to create a model society based on Biblical law. Using around 6,000 criminal cases ...


Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson Mar 2018

Dignity Contradictions: Reconstruction As Restoration, Taja-Nia Y. Henderson

Chicago-Kent Law Review

No abstract provided.


Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan Jan 2015

Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt Apr 2014

The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt

All Faculty Scholarship

Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as protections against discriminatory treatment, the latter as freedom from oppressive government authority. This Essay explains how this differentiation arose and considers its consequences.

Although there is a certain inherent logic to the civil rights-civil liberties divide, it in fact is the product of the unique circumstances of a particular moment in history. In the early years of the Cold War, liberal anticommunists sought to distinguish their incipient interest in the cause of racial equality from their belief that national security required limitations on the speech ...


Legal History And The Politics Of Inclusion, Felice J. Batlan Jan 2014

Legal History And The Politics Of Inclusion, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas Aug 2012

Danbury Hatters In Sweden: An American Perspective Of Employer Remedies For Illegal Collective Actions, César F. Rosado Marzán, Margot Nikitas

All Faculty Scholarship

The European Court of Justice's ("ECJ") Laval quartet held that worker collective actions that impacted freedom of services and establishment in the E.U. violated E.U. law. After Laval, the Swedish Labor Court imposed exemplary or punitive damages on labor unions for violating E.U. law. These cases have generated critical discussions regarding not only the proper balance between markets and workers’ freedom of association, but also what should be the proper remedies for employers who suffer illegal actions by labor unions under E.U. law. While any reforms to rebalance fundamental freedoms as a result of the ...


Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt Jan 2012

Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt

All Faculty Scholarship

This Essay identifies the key contributions that Tomiko-Brown Nagin’s Courage to Dissent makes to the legal history of the civil rights movement. It situates the book among several other prominent legal histories of the civil rights era and offers thoughts on the challenge of creating historical accounts that illuminate the complex intersections of legal change and social activism. The Essay argues that Courage to Dissent is among the most thorough and ambitious efforts to confront this challenge in the literature today.


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Jan 2012

Women's Legal History Symposium Introduction: Making History, Felice J. Batlan

All Faculty Scholarship

This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.


The Tea Party And The Constitution, Christopher W. Schmidt Mar 2011

The Tea Party And The Constitution, Christopher W. Schmidt

All Faculty Scholarship

This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined ...


The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan Jan 2011

The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan

All Faculty Scholarship

The Gendered Life of Legal Aid, 1863-1960 (manuscript in process) will be the first monograph on the history of civil legal aid in the United States. By closely examining the history of legal aid in New York, Chicago, and Boston, it presents a number of arguments with wide-ranging implications and it is animated by a host of conflicts. These include the relationship between legal aid and citizenship, the changing status of domestic relations law, the interactions between lawyers and social workers and their different understandings of the role and nature of law, what services legal aid should provide, and even ...


Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan Jan 2010

Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan

All Faculty Scholarship

The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path ...


Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan Feb 2007

Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan Feb 2006

Law And The Fabric Of The Everyday: Settlement Houses, Sociological Jurisprudence, And The Gendering Of Urban Legal Culture, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Engendering Legal History, Felice J. Batlan Feb 2005

Engendering Legal History, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan Feb 2002

A Re-Evaluation Of The New York Court Of Appeals: The Home, The Market And Labor, 1885-1905, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber Jan 1992

Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber

All Faculty Scholarship

No abstract provided.