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Full-Text Articles in Law

Circumspect Agatis Revisted, David K. Millon Dec 2012

Circumspect Agatis Revisted, David K. Millon

David K. Millon

None available.


Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon Dec 2012

Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon

David K. Millon

None available.


More Than Formulaic, Arthur Mitchell Fraas Oct 2012

More Than Formulaic, Arthur Mitchell Fraas

Unique at Penn

Contextual essay about an 18th-century American legal formulary created by Jared Ingersoll.


How Bad Were The Official Records Of The Federal Convention?, Mary Sarah Bilder Oct 2012

How Bad Were The Official Records Of The Federal Convention?, Mary Sarah Bilder

Mary Sarah Bilder

The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them - Secretary of the Convention William Jackson. This Article disagrees with Farrand’s conclusion that the Convention records were bad, and aims to resurrect the records and Jackson’s reputation. The Article suggests that the endurance of Farrand’s critique arises in part from misinterpretations of certain procedural components of the Convention and failure to appreciate the significance of others, understandable considering ...


The Thirteenth Amendment Enforcement Authority, Alexander Tsesis Jul 2012

The Thirteenth Amendment Enforcement Authority, Alexander Tsesis

Alexander Tsesis

In the paper, I argue that the Thirteenth Amendment's enforcement clause grants Congress the power to enact statutes to protect liberty. I trace the American concept of liberty, using archival research, through the writings of the revolutionary framers and abolitionists. I believe that the Thirty-Eighth Congress, 1864-1865, intended the Thirteenth Amendment to provide the power to enforce the Declaration of Independence's and Preamble's guarantees of equal liberty. The paper also places the enforcement clause of the Thirteenth Amendment into the contemporary setting of recent decisions on the Fourteenth Amendment and the Commerce Clause.


From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller Jun 2012

From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller

Library Staff Publications

No abstract provided.


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


The Letter Of Richard Wyche: An Interrogation Narrative, Christopher G. Bradley May 2012

The Letter Of Richard Wyche: An Interrogation Narrative, Christopher G. Bradley

Law Faculty Scholarly Articles

This is a translation, with introduction, of the Letter of Richard Wyche—one of only two heresy interrogation narratives from medieval England written from the perspective of the accused heretic.

The Letter is an autobiographical account of Richard Wyche’s interrogation, in 1402-1403, at the hands of church officials. Wyche originally composed the Letter in (Middle) English but it survives only in a Latin translation, alongside other forbidden texts in a manuscript now in Prague. Wyche wrote and covertly sent away this Letter to an audience of intimates sympathetic to the cause (the so-called Wycliffite or Lollard heresy) before his ...


The Greatest Mall There Never Was: Assessing The Failed Attempt To Build The New Haven Galleria, Jeremy Kutner May 2012

The Greatest Mall There Never Was: Assessing The Failed Attempt To Build The New Haven Galleria, Jeremy Kutner

Student Legal History Papers

In late 1995, a dream that had fixated New Haven’s leadership since the 1960’s was coming to an end. Long buffeted by a population and wealth exodus to the suburbs, leaders had looked to a glittery downtown shopping mall to draw people, and their money, back to the city. Downtown was remade to accommodate retail heavy hitters: Macy’s, Malley’s, and the Chapel Square Mall. But it wasn’t working. Macy’s was gone. Chapel Square was hemorrhaging tenants. And so, after decades of public effort to make large-scale retail work downtown, the city’s mayor was ...


Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak Apr 2012

Law, Power, And "Rumors Of War": Robert Jackson Confronts Law And Security After Nuremberg, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

Supreme Court Justice Robert Jackson’s most important legacy was his role as chief prosecutor for the United States at the Nuremberg Trials. This essay follows Jackson’s legal thought from his return to the United States after Nuremberg, until his death in 1954. Jackson hoped that the lesson of Nuremberg would be “to establish the supremacy of law over such lawless and catastrophic forces as war and persecutions.” Jackson changed law that applied to warfare. In looking to the future, he seems to have assumed that although law had changed, war would retain its essential character. Yet as the ...


Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder Feb 2012

Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder

Mary Sarah Bilder

Between the later seventeenth century and American independence, appeals from colonial high courts were taken to the Privy Council in England. These appeals are the precursors of today’s appeals to the U.S. Supreme Court. Their legal and policy issues can be reconstructed from the outcome of the appeals, the briefs of crown law officers, related Privy Council documents, and handwritten notations on these materials. This article describes Appeals to the Privy Council Before American Independence, an annotated digital catalogue of appeals from the thirteen colonies with links and digital images providing access to this material, now compiled from ...


Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder Feb 2012

Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder

Sharon Hamby O'Connor

Between the later seventeenth century and American independence, appeals from colonial high courts were taken to the Privy Council in England. These appeals are the precursors of today’s appeals to the U.S. Supreme Court. Their legal and policy issues can be reconstructed from the outcome of the appeals, the briefs of crown law officers, related Privy Council documents, and handwritten notations on these materials. This article describes Appeals to the Privy Council Before American Independence, an annotated digital catalogue of appeals from the thirteen colonies with links and digital images providing access to this material, now compiled from ...


Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber Jan 2012

Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber

Mark Graber

The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law ...


War-Time: An Idea, Its History, Its Consequences, Mary L. Dudziak Jan 2012

War-Time: An Idea, Its History, Its Consequences, Mary L. Dudziak

University of Southern California Legal Studies Working Paper Series

When is wartime? On the surface, it is a period of time in which a society is at war. But we now live in what President Obama has called "an age without surrender ceremonies," as the Administration announced an "end to conflict in Iraq," even though conflict on the ground is ongoing. It is no longer easy to distinguish between wartime and peacetime. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing ...


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.


Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski Jan 2012

Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski

Assaf Likhovski

This Article discusses the use of arguments about “culture” in two debates about the imposition, application and abolition of income tax law: A debate about the transplantation of British income taxation to British-ruled Palestine in the early twentieth century, and a debate about tax privacy in late eighteenth-century and early nineteenth-century Britain. In both cases, “culture,” or some specific aspect of it (notions of privacy) appeared in arguments made by opponents of the tax. However, it is difficult to decide whether the use of cultural arguments in these debates simply reflected some “reality” that existed prior to these debates, whether ...


Возрождение Отечественного Юридического Образования В 20-Е – Начале 30-Х Годов Xx Века, Leonid G. Berlyavskiy Jan 2012

Возрождение Отечественного Юридического Образования В 20-Е – Начале 30-Х Годов Xx Века, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In the aricle the basic directions of revival of juridical education in the Soviet State in 20 - the beginning of 30th years of the XX-th century are considered. Transition to the New Economic Policy after Civil war and policy of “military communism” has shown all inefficiency of revolutionary sense of justice at the decision of legal questions of peace life. In 1921 political-legal departments of faculties of social studies have been transformed to legal departments. In the New Economic Policy the jurisprudence and juridical education had transitive and inconsistent character


Эволюция Правового Статуса Академии Наук В 20-Е Годы Xx Века, Leonid G. Berlyavskiy Jan 2012

Эволюция Правового Статуса Академии Наук В 20-Е Годы Xx Века, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

Legal aspects of history of the Russian Academy of Science are obviously insufficiently studied. The 85th anniversary of the Charter of the Academy of Sciences of the USSR 1927 coming in 2012 makes urgent its detailed legal characteristics, background of fact that the Charter of the Academy of Sciences was developed by the Academy itself and was approved by the Government on its representation. The essential features of evolution of the Academy of Sciences legal status in 1920s are as follows: its transformation into the higher scientific organisation of the USSR; returning to the pre-revolutionary system of its submission to ...


«Философский Пароход: 90 Лет Спустя, Leonid G. Berlyavskiy Jan 2012

«Философский Пароход: 90 Лет Спустя, Leonid G. Berlyavskiy

Leonid G. Berlyavskiy

In case of the deportation 1922 the emergency state mode did not act, dispatch was performed in a greater degree for the limits of the country sent in the conditions of the New Economic Policy were not engaged in instigation to public disorders. It is represented that the given variant of deportatio nquite can be carried to repressive methods of state-legal adjustment which were approved in 20th years and were actively used during the subsequent period.


Законодательные Основы Противодействия Ксенофобии И Антисемитизму В Советском Государстве (1917-1939 Г.Г.), Leonid G. Berlyavskiy, Eugene V. Kolesnikov Jan 2012

Законодательные Основы Противодействия Ксенофобии И Антисемитизму В Советском Государстве (1917-1939 Г.Г.), Leonid G. Berlyavskiy, Eugene V. Kolesnikov

Leonid G. Berlyavskiy

In the article the legislation of xenophobia and antisemitism counteraction in the Soviet Union is considered. The Sovnarkom of RSFSR Decree 27 July 1918, the Soviet criminal codes in the struggle against nationalism and antisemitism is shown


The Founders’ Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson Jan 2012

The Founders’ Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson

Robert G. Natelson

This Article addresses whether the American Founders expected evidence of their own subjective views to guide future interpretation of the U.S. Constitution. The Article considers a range of evidence largely overlooked or misunderstood in earlier studies, such as contemporaneous rules of legal interpretation, judicial use of legislative history, early American public debate, and pronouncements by state ratifying conventions. Based on this evidence, the Article concludes that the Founders were “original-understanding originalists.” This means that they anticipated that constitutional interpretation would be guided by the subjective understanding of the ratifiers when such understanding was coherent and recoverable and, otherwise, by ...


A Republic, Not A Democracy? Initiative, Referendum, And The Constitution's Guarantee Clause, Robert G. Natelson Jan 2012

A Republic, Not A Democracy? Initiative, Referendum, And The Constitution's Guarantee Clause, Robert G. Natelson

Robert G. Natelson

This article debunks the myth, first arising in the 1840s, that the Founders sharply distinguished between a "republic" and a "democracy." It explains that by a "republic," most of the Founders meant a government controlled by the citizenry, following the rule of law, and without a king. Accordingly, state provisions for initiative and referendum are fully consistent with the Constitution's requirement that each state have a republican form of government; in fact, most of the governments the Founders called "republics" had featured analogous forms of direct democracy.


Paper Money And The Original Understanding Of The Coinage Clause, Robert G. Natelson Jan 2012

Paper Money And The Original Understanding Of The Coinage Clause, Robert G. Natelson

Robert G. Natelson

Over a century ago, the Supreme Court decided the Legal Tender Cases, holding that Congress could authorize legal tender paper money in addition to metallic coin. In recent years, some commentators have argued that this holding was incorrect as a matter of original understanding or original meaning, but that any other holding would be absolutely inconsistent with modern needs. They further argue that the impracticality of functioning without paper money demonstrates that originalism is not a workable method of constitutional interpretation. Those who rely on the Legal Tender Cases to discredit originalism are, however, in error. This Article shows that ...


Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger Jan 2012

Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger

Marie A. Failinger

This article surveys mentions of Islam and Muslims in American federal and state court cases from 1800 to 1960.


Hawthorne's 'Spectacle Of Guilt And Shame' And The Law Of Adultery In Puritan New England: 1631-1694., Joshua Erspamer Mr. Jan 2012

Hawthorne's 'Spectacle Of Guilt And Shame' And The Law Of Adultery In Puritan New England: 1631-1694., Joshua Erspamer Mr.

joshua Erspamer Mr.

The death penalty for the crime of adultery was only imposed on three occasions by the courts in colonial New England. Of these three, a majority come from Puritan Massachusetts. However, this majority is limited to one case and two defendants: the 1644 case of Mary Latham and James Brittaine. Adultery was codified as a capital crime in the Bay Colony in the 1641 Body of Liberties which remained in effect until the loss of charter and merger with Massachusetts Bay Province at the end of the century. This work explores the reasons for the Bay Colony court’s resistance ...


How The British Gun Control Program Precipitated The American Revolution, David B. Kopel Jan 2012

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least if ...


The Great Gun Control War Of The Twentieth Century--And Its Lessons For Gun Laws Today, David B. Kopel Jan 2012

The Great Gun Control War Of The Twentieth Century--And Its Lessons For Gun Laws Today, David B. Kopel

David B Kopel

A movement to ban handguns began in the 1920s in the Northeast, led by the conservative business establishment. In response, the National Rifle Association began to get involved in politics, and was able to defeat handgun prohibition. Gun control and gun rights became the subjects of intense political, social, and cultural battles for much of the rest of the 20th century, and into the 21st.

Often, the battles were a clash of absolutes: One side contended that there was absolutely no right to arms, that defensive gun ownership must be prohibited, and that gun ownership for sporting purposes could be ...


The City's Role In Renewal: A Comparative Study Of Redevelopment In Two New Haven Districts, Rachael Doud Jan 2012

The City's Role In Renewal: A Comparative Study Of Redevelopment In Two New Haven Districts, Rachael Doud

Student Legal History Papers

Looking forward to New Haven’s future, we are faced with the question of what role the city should take in redevelopment. John Elwood looked for insight into that question in his 1994 article Rethinking Government Participation in Urban Renewal: Neighborhood Revitalization in New Haven. He examined two redevelopment projects: the Ninth Square and Upper State Street. While the former was achieved in a Lee-esque manner, with significant government funding and involvement, the latter was initiated and carried out largely by small property owners, although the government did provide incentives and assistance.

Elwood characterizes the Ninth Square project as “coarse-grained ...


Women's Legal History Symposium Introduction: Making History, Felice J. Batlan Dec 2011

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

Felice J Batlan

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.