Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- American legal history (1)
- Anthony Kennedy (1)
- Antitrust (1)
- Business (1)
- Classical legal thought (1)
-
- Common law (1)
- Constitution (1)
- Constitutional law (1)
- Corporate law (1)
- Criminal law (1)
- Darwinism (1)
- Deterrence (1)
- Economic history (1)
- Gender equality (1)
- Holmes (1)
- Labor law (1)
- Legal history (1)
- Legal privileging of marriage (1)
- Marginalism (1)
- Marital supremacy (1)
- Nonmarital status (1)
- Progressive legal thought (1)
- Progressivism (1)
- Race (1)
- SCOTUS (1)
- Second-wave feminism (1)
- Sex discrimination. Ruth Bader Ginsburg (1)
- Supreme Court of the United States (1)
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
All Faculty Scholarship
In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …
Epilogue: The New Deal At Bay, Herbert J. Hovenkamp
Epilogue: The New Deal At Bay, Herbert J. Hovenkamp
All Faculty Scholarship
The Opening of American Law examines changes in American legal thought that began during Reconstruction and the Gilded Age, and extending through the Kennedy/Johnson eras. During this period American judges and legal writers embraced various conceptions of legal "science," although they differed about what that science entailed. Beginning in the Gilded Age, the principal sources were Darwinism in the biological and social sciences, marginalism in economics and psychology, and legal historicism. The impact on judicial, legislative, and later administrative law making is difficult to exaggerate. Among the changes were vastly greater use of behavioral or deterrence based theories of legal …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …