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Legal History Commons

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Articles 1 - 4 of 4

Full-Text Articles in Legal History

Government Lawyers And The New Deal, Neal Devins Sep 2019

Government Lawyers And The New Deal, Neal Devins

Neal E. Devins

No abstract provided.


Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins Sep 2019

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Neal E. Devins

No abstract provided.


Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen Sep 2019

Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen

Allison Orr Larsen

You may know that it was signed in Philadelphia in 1787, that the oldest signer was Benjamin Franklin and that it doesn’t include the word “democracy.” William & Mary Law Professor Allison Orr Larsen, an expert in constitutional law, can tell you a lot more about it. With Constitution Day (Sept. 17, 2018) upon us, Professor Larsen talks about the document’s strengths and weaknesses and its major misconceptions. And she discusses what she thinks will have to happen before it is amended again.


A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler May 2019

A Century In The Making: The Glorious Revolution, The American Revolution, And The Origins Of The U.S. Constitution’S Eighth Amendment, John D. Bessler

William & Mary Bill of Rights Journal

The sixteen words in the U.S. Constitution’s Eighth Amendment have their roots in England’s Glorious Revolution of 1688–89. This Article traces the historical events that initially gave rise to the prohibitions against excessive bail, excessive fines, and cruel and unusual punishments. Those three proscriptions can be found in the English Declaration of Rights and in its statutory counterpart, the English Bill of Rights. In particular, the Article describes the legal cases and draconian punishments during the Stuart dynasty that led English and Scottish parliamentarians to insist on protections against cruelty and excessive governmental actions. In describing the grotesque punishments of …