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Articles 1 - 25 of 25
Full-Text Articles in Legal History
Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz
Leaving The House: The Constitutional Status Of Resignation From The House Of Representatives, Josh Chafetz
Cornell Law Faculty Publications
Do members of the House of Representatives have a constitutional right to resign their seats? This Article uses that question as a window onto broader issues about the relationship between legislators and citizens and the respective roles of liberalism and republicanism in the American constitutional order. The Constitution explicitly provides for the resignation of senators, presidents, and vice presidents, but, curiously, it does not say anything about resigning from the House of Representatives. Should we allow the expressio unius interpretive canon to govern and conclude that the inclusion of some resignation provisions implies the impermissibility of resignation when there is …
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Julie Novkov
This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
The Gentleman From Hagerstown: How Maryland Jews Won The Right To Vote, Kenneth Lasson
All Faculty Scholarship
This article discusses the early history of Maryland in the context of religious discrimination, specifically in reference to discrimination against those of the Jewish faith, even though the state "was founded as a haven of religious liberty and beacon of toleration." It also highlights a member of the Maryland House of Delegates, Thomas Kennedy, a Christian, as being the leader of the movement to ultimately correct this injustice. Part of the problem were clauses in the state's constitution requiring officeholders to be Christians. Kennedy lost his seat in the House, but didn't give up the battle. Ha had tried several …
The Trial Of Queen Caroline And The Impeachment Of President Clinton: Law As A Weapon For Political Reform, Daniel H. Erskine
The Trial Of Queen Caroline And The Impeachment Of President Clinton: Law As A Weapon For Political Reform, Daniel H. Erskine
Daniel H. Erskine
This article explores the calculated use of legal mechanisms to impact national politics and the effect such utilization had on accomplishing deliberate political reform. In answering why political actors use legal procedures as political weapons and whether such use is effective, this paper analyzes two historical examples to illustrate that law as political weapon is extremely successful in accomplishing political change. In the early 1800’s, England’s King sought to defrock his politically radical heroine Queen Caroline through the parliamentary mechanism of a Bill of Pains and Penalties, which caused a flourish of public criticism and call for political revolution. Public …
Heller And Insurrectionism, Carl Bogus
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
No abstract provided.
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood
NYLS Law Review
No abstract provided.
The Corruption Of Civilizations, Timothy K. Kuhner
The Corruption Of Civilizations, Timothy K. Kuhner
Faculty Publications By Year
No abstract provided.
Reflections On The New York City Law Department, Edward I. Koch
Reflections On The New York City Law Department, Edward I. Koch
NYLS Law Review
No abstract provided.
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty
NYLS Law Review
No abstract provided.
Reflections On My Years As Corporation Counsel, Peter L. Zimroth
Reflections On My Years As Corporation Counsel, Peter L. Zimroth
NYLS Law Review
No abstract provided.
Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.
Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.
NYLS Law Review
No abstract provided.
Taking The Offensive: New York City’S Affirmative Suits, Gail Rubin
Taking The Offensive: New York City’S Affirmative Suits, Gail Rubin
NYLS Law Review
No abstract provided.
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo
NYLS Law Review
No abstract provided.
The Independence Of The Law Department, Jeffrey D. Friedlander
The Independence Of The Law Department, Jeffrey D. Friedlander
NYLS Law Review
No abstract provided.
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
The History Of The New York City Law Department: Fighting For The City By William E. Nelson, Ross Sandler
NYLS Law Review
No abstract provided.
Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana
Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana
NYLS Law Review
No abstract provided.
Institutional Reform Litigation, Leonard Koerner
Institutional Reform Litigation, Leonard Koerner
NYLS Law Review
No abstract provided.
Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson
Defending The Historian’S Art: A Response To Paul A. Crotty’S Attack On Fighting For The City, William E. Nelson
NYLS Law Review
No abstract provided.
From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman
From John F. Kennedy’S 1960 Campaign Speech To Christian Supremacy: Religion In Modern Presidential Politics, Stephen A. Newman
NYLS Law Review
No abstract provided.
The Collateral Protection Of Rights In A Global Economy, Sheldon Leader
The Collateral Protection Of Rights In A Global Economy, Sheldon Leader
NYLS Law Review
No abstract provided.
"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert
"Now For A Clean Sweep!": Smiley V. Holm, Partisan Gerrymandering, And At-Large Congressional Elections, Benedict J. Schweigert
Michigan Law Review
The 1930 Census reduced Minnesota's apportionment in the U.S. House of Representatives from ten to nine, requiring the state to draw new congressional districts. The Republican-led state legislature passed a gerrymandered redistricting bill in an attempt to insulate its nine incumbents in the state's delegation from the party's expected loss of the statewide popular vote to the insurgent Farmer-Labor Party. When the Farmer-Labor Governor, Floyd B. Olson, vetoed the redistricting bill, the legislature claimed the bill could take effect without the governor's signature. In Smiley v. Holm, the U.S. Supreme Court decided that the veto was effective and that …
Longing For Loving, Katherine M. Franke
Longing For Loving, Katherine M. Franke
Faculty Scholarship
Our task in this Symposium is to place Loving v. Virginia in a contemporary context: to interpret, if not reinterpret, its meaning in light of the settings in which race, sexuality, and intimacy are being negotiated and renegotiated today. So we might ask, in what way are Mildred and Richard Loving role models for us today? How, if at all, does the legal movement for marriage equality for interracial couples help us think through our arguments and strategies as we struggle today for marriage equality for same-sex couples?
One way to frame these questions is to ask whether there is …
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Much Ado About Pluralities: Pride And Precedent Amidst The Cacophy Of Concurrences, And Re-Percolation After Rapanos, Donald J. Kochan, Melissa M. Berry, Matthew J. Parlow
Donald J. Kochan
Conflicts created by concurrences and pluralities in court decisions create confusion in law and lower court interpretation. Rule of law values require that individuals be able to identify controlling legal principles. That task is complicated when pluralities and concurrences contribute to the vagueness or uncertainty that leaves us wondering what the controlling rule is or attempting to predict what it will evolve to become. The rule of law is at least handicapped when continuity or confidence or confusion infuse our understanding of the applicable rules. This Article uses the recent U.S. Supreme Court decision in Rapanos v. United States to …
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
The Soft Power And Persuasion Of Translations In The War On Terror: Words And Wisdom In The Transformation Of Legal Systems, Donald J. Kochan
Donald J. Kochan
The power of words is the power of persuasion. The exportation of the foundational legal principles that helped form the American republic can serve as instrumental "soft power" tools in the war on terror. Efforts promoting projects like the Arabic Book Program are important vehicles to cross-cultural and cross-lingual international relations. This Article argues that an arsenal of words can be as, or more, powerful than an arsenal of artillery. The West has much to offer, but the rest of the world needs to be able to read it without getting lost in translation. Providing linguistic access to the documents …