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Legal History

Michigan Law Review

History

Articles 1 - 14 of 14

Full-Text Articles in Law and Race

A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin Apr 2021

A Different Type Of Property: White Women And The Human Property They Kept, Michele Goodwin

Michigan Law Review

A Review of Incidents in the Life of a Slave Girl. by Harriet A. Jacobs, and They Were Her Property: White Women as Slave Owners in the American South. by Stephanie E. Jones-Rogers.


Racial Purges, Robert L. Tsai Jan 2020

Racial Purges, Robert L. Tsai

Michigan Law Review

Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.


The Outcome Of Influence: Hitler’S American Model And Transnational Legal History, Mary L. Dudziak Jan 2019

The Outcome Of Influence: Hitler’S American Model And Transnational Legal History, Mary L. Dudziak

Michigan Law Review

Review of James Q. Whitman's Hitler's American Model: The United States and the Making of Nazi Race Law.


Racial Templates, Richard Delgado, Juan F. Perea Apr 2014

Racial Templates, Richard Delgado, Juan F. Perea

Michigan Law Review

This riveting tale of greed, international skullduggery, and behind-the-scenes heroism recounts the events that led up to America’s “wicked war” with Mexico. It depicts how expansionist ambitions in high circles fueled jingoistic propaganda (pp. 25, 34–35, 58), fed a public eager for national muscle flexing (pp. 57, 103, 108), and set the stage for a military skirmish in a disputed region between two rivers (pp. 75–77, 95, 100, 138) that provided the pretext for a savage and short-lived military campaign against the weak new nation of Mexico in which the U.S. Army, under General Scott, marched all the way to …


Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea Apr 2012

Race And Constitutional Law Casebooks: Recognizing The Proslavery Constitution, Juan F. Perea

Michigan Law Review

Federalist No. 54 shows that part of Madison's public defense of the Constitution included the defense of some of its proslavery provisions. Madison and his reading public were well aware that aspects of the Constitution protected slavery. These aspects of the Constitution were publicly debated in the press and in state ratification conventions. Just as the Constitution's protections for slavery were debated at the time of its framing and ratification, the relationship between slavery and the Constitution remains a subject of debate. Historians continue to debate the centrality of slavery to the Constitution. The majority position among historians today appears …


History's Stories, Stephan Landsman May 1995

History's Stories, Stephan Landsman

Michigan Law Review

A Review of Stories of Scottsboro by James Goodman


Repossession: Of History, Poverty, And Dissent, Martha Minow May 1993

Repossession: Of History, Poverty, And Dissent, Martha Minow

Michigan Law Review

A Review of The Dispossessed: America's Underclasses from the Civil War to the Present by Jacqueline Jones


Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.


An Interpretive History Of Modern Equal Protection, Michael Klarman Nov 1991

An Interpretive History Of Modern Equal Protection, Michael Klarman

Michigan Law Review

My enterprise here is to write a limited history of modem equal protection - one that will facilitate understanding of the important conceptual shifts that have occurred over time. By "modem" I mean the period following the switch-in-time in 1937 that signaled the demise of the Lochner era. By "limited" I mean an account that falls substantially short of a full-scale history of equal protection, which would, for example, necessarily encompass a good deal of political and social history. My aim here, rather, is to tell a story about the evolution of equal protection as a legal concept; I shall, …


Difference Made Legal: The Court And Dr. King, David Luban Aug 1989

Difference Made Legal: The Court And Dr. King, David Luban

Michigan Law Review

My aim in this essay is to contrast two legal retellings of the same event: a set of demonstrations sponsored by the Southern Christian Leadership Conference in Birmingham, Alabama in 1963 that led to the arrest and incarceration of Martin Luther King, Jr. One is the Supreme Court majority opinion in Walker v. City of Birmingham, sustaining King's conviction; the other, King's own defense of his actions in his Letter from Birmingham Jail I wish to show how the self-same event entails radically different legal consequences when it appears in different narratives, one the Supreme Court's official voice, the …


The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter May 1988

The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter

Michigan Law Review

A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet


In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash Nov 1983

In Re Radical Interpretations Of American Law: The Relation Of Law And History, A. E. Keir Nash

Michigan Law Review

This Article centers instead upon assessing two types of legal analysis - non-Marxist radical interpretation and "non-reductionist" Marxist theory - which, despite conspicuous differences, share the belief that understanding the American historical experience is a prerequisite to understanding American law. Both approaches also share two other important convictions. One is that a "consensual" or "liberal pluralist" version of American history has little explanatory validity, at least in regard to such major problems as the political and legal breakdown represented by the Civil War, and the law's role in American economic development. They also agree that historical explanations which downplay discussion …


Anatomy Of Racism, Damon J. Keith Mar 1983

Anatomy Of Racism, Damon J. Keith

Michigan Law Review

A Review of Hearts and Minds: The Anatomy of Racism From Roosevelt to Reagan by Harry S. Ashmore


To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review Mar 1981

To Set The Law In Motion: The Freedmen's Bureau And The Legal Rights Of Blacks, 1865-1868, Michigan Law Review

Michigan Law Review

A Review of To Set the Law in Motion: The Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 by Donald G. Nieman