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Full-Text Articles in Legal History
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Martha T. McCluskey
For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism. By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Journal Articles
For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.
By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
The Constitution's Accommodation Of Social Change, Philip A. Hamburger
Michigan Law Review
Did the framers and ratifiers of the United States Constitution think that changes in American society would require changes in the text or interpretation of the Constitution? If those who created the Constitution understood or even anticipated the possibility of major social alterations, how did they expect constitutional law - text and interpretation - to accommodate such developments?
The effect of social change upon constitutional law was an issue the framers and ratifiers frequently discussed. For example, when AntiFederalists complained of the Constitution's failure to protect the jury trial in civil cases, Federalists responded that a change of circumstances might, …
Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge
Book Reviews, Francis X. Beytagh, Jr., Robert L. Carter, William E. Miller, Judge
Vanderbilt Law Review
Books Reviewed:
The Supreme Court and the Idea of Progress
by Alexander M. Bickel
New York: Harper & Row, 1970. Pp. xii, 210. $6.50.
Politics, the Constitution and the Warren Court
By Philip B. Kurland Chicago
University of Chicago Press, 1970. Pp. xxv, 222.$9.75.
Reviewer: Francis X. Beytagh, Jr.
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Books Reviewed:
Politics of Southern Equality: Law and Social Change in a Mississippi County
By Frederick M. Wirt
Chicago: Aldine Publishing Co., 1970. Pp. 335. $10.00.
reviewer: Robert L. Carter
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The Apportionment Cases
By Richard C. Cortner Knoxville: University of Tennessee Press, 1970. Pp. ix. 283. $10.00.
reviewer William …