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Articles 301 - 325 of 325
Full-Text Articles in Legal History
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski
Faculty Scholarship
The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …
No State Shall Abridge: The Fourteenth Amendment And The Bill Of Rights, Mark A. Grannis
No State Shall Abridge: The Fourteenth Amendment And The Bill Of Rights, Mark A. Grannis
Michigan Law Review
A Review of No State Shall Abridge: The Fourteenth Amendment and the Bill of Rights by Michael Kent Curtis
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland
Washington and Lee Law Review
No abstract provided.
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Revolutionary Constitutionalism In The Era Of The Civil War And Reconstruction , Robert J. Kaczorowski
Faculty Scholarship
The meaning and scope of the fourteenth amendment and the Civil Rights Act of 1866 remain among the most controversial issues in American constitutional law. Professor Kaczorowski contends that the issues have generated more controversy than they warrant, in part because scholars analyzing the legislative history of the amendment and statute have approached their task with preconceptions reflecting twentieth century legal concerns. He argues that the most important question for the framers was whether national or state governments possessed primary authority to determine and secure the status and rights of American citizens. Relying on records of the congressional debates as …
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Liberty And Property In The Supreme Court: A Defense Of Roth And Perry, Peter N. Simon
Publications
No abstract provided.
Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne
Liberty Vs. Equality: Congressional Enforcement Power Under The Fourteenth Amendment, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen
Faculty Scholarship
During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …
Selective Incorporation Revisited, Jerold H. Israel
Selective Incorporation Revisited, Jerold H. Israel
Articles
In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
The Equal Protection Clause In The Supreme Court 1873-1903, Richard S. Kay
Buffalo Law Review
No abstract provided.
Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu
Untangling The Strands Of The Fourteenth Amendment, Ira C. Lupu
Michigan Law Review
This Article explores such trends in the context of several recent cases and in the broader context of established patterns of constitutional law. Section II shows how the different strains of fourteenth amendment activism over the past century have tangled the strands of the fourteenth amendment in a thick, almost impenetrable knot. Section ill studies the tangle's reflection in three cases raising fundamental rights problems - Maher v. Roe, Moore v. City of East Cleveland, and Zablocki v. Redhail. Finally, Section N offers what Sections II and III suggest is missing from fourteenth amendment case law- a theory, abstract …
The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun
The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun
Publications
No abstract provided.
Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer
Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Obscenity, The Law And Religion, Thomas A. Long
Obscenity, The Law And Religion, Thomas A. Long
IUSTITIA
The long history of the relation between Western religion and secular law is both interesting and complex.' In what follows I shall discuss one current social issue which is illustrative of this relation,namely, the relatively recent legal-moral controversy over obscenity.
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski
Faculty Scholarship
IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …
Katzenbach V. Morgan And The 18 Year Old Vote, E. Rick Buell Ii
Katzenbach V. Morgan And The 18 Year Old Vote, E. Rick Buell Ii
University of Michigan Journal of Law Reform
Recently the 91st Congress passed the Voting Rights Act Amendments of 1970. The provisions of the statute include Title III which extended the right of suffrage to eighteen year old citizens in all federal, state, and local elections. The basis for enacting Title III was the belief of Congress that citizens between the ages of eighteen and twenty-one, by being denied the right to vote, were being denied equal protection of the laws as required by the Fourteenth Amendment to the United States Constitution. The purpose of this note is to briefly trace the historical development of Congress' power to …
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
The Constitutions Of West Germany And The United States: A Comparative Study, Paul G. Kauper
Michigan Law Review
The purpose of this article is to present a descriptive overall picture of the fundamental features of the system established by the Basic Law and at the same time point up significant comparisons and contrasts by reference to the Constitution. Eleven years have now elapsed since the Basic Law went into effect, and significant decisions of the Federal Constitutional Court (Bundesverfassungsgericht ) noted at the appropriate points, serve to illuminate the working of the system established by it.
Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.
Constitutional Law - Citizenship - Power Of Congress To Effect Involuntary Expatriation, Robert J. Hoerner S.Ed.
Michigan Law Review
In four recent cases the United States Supreme Court has dealt with the power of Congress to effect the denationalization of native-born citizens without their consent. Three cases, Perez v. Brownell, Trop v. Dulles, and Mendoza-Martinez v. Mackey dealt with the constitutionality of sections 401(e), 401(g) and 401(j), respectively, of the Nationality Act of 1940. The fourth case, Nishikawa v. Dulles dealt only with the burden of proof when duress is alleged under section 401(c), but contained one opinion of constitutional significance. The purpose of this comment is to analyze and evaluate these decisions.
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert E. Rodes
Due Process And Social Legislation In The Supreme Court--A Post Mortem, Robert E. Rodes
Journal Articles
Nowadays, there is no more discredited era in our judicial history than that represented by such cases as Lochner v. New York.' During this era, we are told, our ancestors were so benighted economically as to embrace economic principles incapable of producing the good life, and so benighted judicially as to read their economics into the Constitution. We have barely left behind us the bulk of the advocates and judges whose role in history it was to slay the giant laissez-faire, so it is not surprising that we should have no picture of their adversary but the dne that was …
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
The Fourteenth Amendment Reconsidered, The Segregation Question, Alfred H. Kelly
Michigan Law Review
Some sixty years ago in Plessy v. Ferguson the Supreme Court of the United States adopted the now celebrated "separate but equal" doctrine as a constitutional guidepost for state segregation statutes. Justice Brown's opinion declared that state statutes imposing racial segregation did not violate the Fourteenth Amendment, provided only that the statute in question guaranteed equal facilities for the two races. Brown's argument rested on a historical theory of the intent, although he offered no evidence to support it. "The object of the amendment," he said, "was undoubtedly to enforce the absolute equality of the two races before the law, …
Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.
Citizenship-Intent Required For Expatriation, Willis B. Snell S. Ed.
Michigan Law Review
In recent years, many cases have involved the question whether an American citizen has expatriated himself by his actions. Expatriation in the United States is now covered by statute, but the courts, in construing these statutes, have faced a recurrent problem as to what intent on the part of the citizen is required to effect expatriation. To interpret the present doctrine, it is necessary to examine the history of expatriation, the statutes, and the various situations in which the question of intent has arisen.
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Constitutional Law--Due Process And The Bill Of Rights--Self-Incrimination, F. William Hutchinson
Michigan Law Review
In the course of evolving workable doctrines which give substance and meaning to the skeletal phrase "due process of law" as used in the Fourteenth Amendment to limit state action, the Supreme Court has frequently been called on to determine the scope of the several prohibitions and guarantees of the Bill of Rights of the federal Constitution. This general problem, and more particularly the application of the Fifth Amendment self-incrimination clause to state criminal proceedings, was again presented in a recent case and resulted in a sharp division of opinion within the Court.
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
Michigan Law Review
While enterprises that are "affected with a public interest" or "devoted to a public use" or that come within the class of strict public utilities may be compelled to do a number of things that strictly private enterprise may avoid, the power over utilities is not unlimited. Requirements deemed onerous may be contested as denials of due process of law. The constitutional issue thus raised under the Fourteenth Amendment entitles protestants to start injunction proceedings in federal courts and to seek appeals to the United States Supreme Court from unfavorable decisions of state courts. Often the complaint is not of …
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Natural Law In American Constitutional Theory, Fowler Vincent Harper
Michigan Law Review
Natural law has had many meanings and diversified interpretations. Whether in the form of jus naturale, the law of nature, the law of reason, lex naturalis, lex aeterna, natural justice, or due process of law; natural law, in the broadest sense, has evolved as the needs of a particular civilization and the endeavors of its legal scholars have directed. It is significant, however, that as a philosophy of law, natural law continues to thrive, although the particular system which one community constructs may be abandoned by succeeding generations. Periods of growth in the law have been frequently accompanied …
Commentaries On The Constitution Of The United States : With A Preliminary Review Of The Constitutional History Of The Colonies And States Before The Adoption Of The Constitution, Joseph Story, Thomas M. Cooley
Commentaries On The Constitution Of The United States : With A Preliminary Review Of The Constitutional History Of The Colonies And States Before The Adoption Of The Constitution, Joseph Story, Thomas M. Cooley
Books
From the Editor's Preface: “In preparing for the press a fourth edition of Mr. Justice Story’s Commentaries on the Constitution, it has been thought proper to preserve the original text without alteration or interpolation, and to put in notes all discussions by the editor, as well as all references to subsequent adjudications, public papers, and events, tending to illustrate, support, or qualify the positions assumed in the text. The new amendments, however, seemed to demand treatment in the body of the work, and additional chapters are given for that purpose….”