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Articles 1 - 26 of 26

Full-Text Articles in Legal History

Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek Apr 2022

Truth And Reconciliation: The Ku Klux Klan Hearings Of 1871 And The Genesis Of Section 1983, Tiffany R. Wright, Ciarra N. Carr, Jade W.P. Gasek

Dickinson Law Review (2017-Present)

Over the course of seven months in 1871, Congress did something extraordinary for the time: It listened to Black people. At hearings in Washington, D.C. and throughout the former Confederate states, Black women and men—who just six years earlier were enslaved and barred from testifying in Southern courts—appeared before Congress to tell their stories. The stories were heartbreaking. After experiencing the joy of Emancipation and the initial hope of Reconstruction, they had been subjected to unspeakable horror at the hands of white terrorists. They had been raped and sexually humiliated. Their children and spouses murdered. They had been savagely beaten …


It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White Jan 2018

It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White

Dickinson Law Review (2017-Present)

The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.

This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …


Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee Jan 2016

Confounding Ockham's Razor: Minilateralism And International Economic Regulation, Eric C. Chaffee

Brooklyn Journal of Corporate, Financial & Commercial Law

In Minilateralism: How Trade Alliances, Soft Law, and Financial Engineering Are Redefining Economic Statecraft, Professor Chris Brummer embraces the complexity of the global economic system and its regulation by exploring the emerging role and dominance of varying strands of economic collaboration and regulation that he collectively refers to as “minilateralism.” In describing the turn toward minilateralism, Brummer notes a number of key features of this new minilateral system, including a shift away from global cooperation to strategic alliances composed of the smallest group necessary to achieve a particular goal, a turn from formal treaties to informal non-binding accords and other …


The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha May 2015

The Third Pillar Of Jurisprudence: Social Legal Theory, Brian Z. Tamanaha

William & Mary Law Review

No abstract provided.


The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter Nov 1992

The Development Of Common Law Defamation Privileges: From Communitarian Society To Market Society, M. M. Slaughter

Cardozo Law Review

No abstract provided.


Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon Mar 1992

Timeless Rules: Can Normative Closure And Legal Indeterminacy Be Reconciled?, Charles M. Yablon

Cardozo Law Review

No abstract provided.


Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann Mar 1992

Operational Closure And Structural Coupling: The Differentiation Of The Legal System, Niklas Luhmann

Cardozo Law Review

No abstract provided.


Status, Contract, And History: A Dialectical View, Matthew P. Bergman Oct 1991

Status, Contract, And History: A Dialectical View, Matthew P. Bergman

Cardozo Law Review

No abstract provided.


Tradition, Precedent, And Justice Scalia, David A. Strauss Jun 1991

Tradition, Precedent, And Justice Scalia, David A. Strauss

Cardozo Law Review

No abstract provided.


Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner Jun 1991

Judging In The Good Society: A Comment On The Jurisprudence Of Justice Scalia, Stephen Wizner

Cardozo Law Review

No abstract provided.


The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam Jun 1991

The Use Of Legislative History In Treaty Interpretation: The Dual Treaty Approach, Malvina Halberstam

Cardozo Law Review

No abstract provided.


Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida Jul 1990

Force Of Law: The "Mystical Foundation Of Authority", Jacques Derrida

Cardozo Law Review

No abstract provided.


Resisting Theory, Jonathan Culler Jul 1990

Resisting Theory, Jonathan Culler

Cardozo Law Review

No abstract provided.


Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson Dec 1989

Contracts For Cotton To Arrive: The Case Of The Two Ships Peerless, A. W. Brian Simpson

Cardozo Law Review

No abstract provided.


Hegel And Employment At Will: A Comment, Richard A. Posner Apr 1989

Hegel And Employment At Will: A Comment, Richard A. Posner

Cardozo Law Review

No abstract provided.


Hegel: A User's Manual, Richard Hyland Apr 1989

Hegel: A User's Manual, Richard Hyland

Cardozo Law Review

No abstract provided.


Truth And The Law: A Critical View Of Community, Jan G. Deutsch Feb 1989

Truth And The Law: A Critical View Of Community, Jan G. Deutsch

Cardozo Law Review

No abstract provided.


National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann Aug 1988

National Socialist Jurisprudence And Academic Continuity: A Comment On Professor Kaufmann's Article, Mathias Reimann

Cardozo Law Review

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr. Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.


Not-So-Critical Legal Studies, Stephen Diamond Jan 1985

Not-So-Critical Legal Studies, Stephen Diamond

Cardozo Law Review

No abstract provided.


Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler Jan 1967

Edmond Cahn And The Search For Empirical Justice, Jay A. Sigler

Villanova Law Review

No abstract provided.


The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz Jan 1966

The American Legal Realists And An Empirical Science Of Law, David H. Moskowitz

Villanova Law Review

No abstract provided.


Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney Jan 1966

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review

No abstract provided.


Legal Idealism And Constitutional Law, James A. Gardner Jan 1964

Legal Idealism And Constitutional Law, James A. Gardner

Villanova Law Review

No abstract provided.


How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound Feb 1936

How Far Are We Attaining A New Measure Of Values In Twentieth-Century Juristic Thought, Roscoe Pound

West Virginia Law Review

No abstract provided.