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Legal History

College of William and Mary

Articles 1 - 3 of 3

Full-Text Articles in Law

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian Hamilton Feb 2012

The Age Of Marital Capacity: Reconsidering Civil Recognition Of Adolescent Marriage, Vivian Hamilton

Vivian E. Hamilton

Age at marriage has for decades been the strongest and most unequivocal predictor of marital failure. The likelihood of divorce nears 80 percent for those who marry in mid-adolescence, then drops steadily. Delaying marriage until the mid-twenties reduces one’s likelihood of divorce to 30 percent. Women who marry at age twenty-one or younger, moreover—and one in ten U.S. women do—experience worse mental and physical health, attain less education, and earn lower wages than those who marry later. Post-divorce, they and their children tend to endure even greater economic deprivation and instability than do never-married mothers, who ...


Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian Hamilton Aug 2011

Democratic Inclusion, Cognitive Development, And The Age Of Electoral Majority, Vivian Hamilton

Vivian E. Hamilton

Who should vote in the modern democratic state? The question cuts to the core of democratic government. For centuries, voting was a privilege limited to few, but democratic norms now require that electoral inclusion be presumed, and exclusion justified. Accordingly, few exclusionary rules remain. Among them are citizenship, law-abidingness, and minimum age requirements. The last of these, all but ignored by legal and political theorists, is this Article’s focus. The age of electoral majority has declined over time and across the globe. At the beginning of the twentieth century, the average voting age worldwide was just under twenty-four; today ...


Dangerous And Unusual Misdirection: A Look At The Common Law Tradition Of Prohibiting Going Armed With Dangerous And Unusual Weapons To The Terror Of The People As Cited In District Of Columbia V. Heller, Daniel Page Jan 2011

Dangerous And Unusual Misdirection: A Look At The Common Law Tradition Of Prohibiting Going Armed With Dangerous And Unusual Weapons To The Terror Of The People As Cited In District Of Columbia V. Heller, Daniel Page

Daniel R Page

In dicta, the Supreme Court in Heller cited the historical ban on “Dangerous and Unusual Weapons” to support a common use test on statutes that ban certain types of weapons considered to be “dangerous and unusual”. This paper examines the historical use and definition of the phrase “Dangerous and Unusual Weapons” and concludes that it refers not to a class of weapons, but to a class of behavior.