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Full-Text Articles in Law
American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington
American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington
Mark Graber
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers Structures of Government and Volume II covers Rights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
Circumspect Agatis Revisted, David K. Millon
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
David K. Millon
None available.
Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed
Thomas J Reed
No abstract provided.
American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington
American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington
Mark Graber
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder
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 a variety …
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
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 …
Shaping The Disclosure Tort: A History Of Scholars' Early Importance And Modern Impotence, Jared A. Wilkerson
Shaping The Disclosure Tort: A History Of Scholars' Early Importance And Modern Impotence, Jared A. Wilkerson
Jared A. Wilkerson
Legal scholars have rarely encountered an area such as common law privacy, in which they had a guiding hand over the course of seventy-five years (1890–1965). Since then, however, scholars’ attempts to modify Prosser’s disclosure tort have failed. This article chronicles the early and potent scholarly influence from Warren and Brandeis to Hand, Pound, and Prosser. It continues with recent academic attempts to modify the disclosure tort, none of which has affected the narrow cause of action last touched by Prosser in the Restatement (Second). The article shows that, notwithstanding enormous efforts by some of America’s most respected scholars, would-be …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
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.
Bad News For John Marshall, David B. Kopel, Gary Lawson
Bad News For John Marshall, David B. Kopel, Gary Lawson
David B Kopel
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.