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Legal History Commons

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Articles 1 - 6 of 6

Full-Text Articles in Legal History

Black Man, White Justice: The Extradition Of Matthew Bullock, An African-American Residing In Ontario, 1922, John C. Weaver Oct 1996

Black Man, White Justice: The Extradition Of Matthew Bullock, An African-American Residing In Ontario, 1922, John C. Weaver

Osgoode Hall Law Journal

Canadian extradition law uncomfortably combines common law precepts with compromises deemed necessary for carrying out treaty obligations. In this context, for example, the substitution of affidavits for parol evidence has been an area where international courtesy has clashed with a valued means of testing an allegation, namely the cross-examination of witnesses. To reject an application for extradition because only documentary evidence is provided can amount to a censure of judicial proceedings in the state making the request; rejection may suggest that a fair trial cannot be secured. In 1922, in a sensational but hitherto uncited case, an Ontario extradition judge …


Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell Jan 1996

Articles Sell Best Singly: The Disruption Of Slave Families At Court Sales, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This legal history article presents the empirical finding that the risk of family separation at slave auctions was higher at court-ordered and court-supervised sales as compared with private sales of capitalist auctioneers. The article also examines legal and ideological justification for the destruction of slave families. Law served to disguise human agency in the breakup of slave families.

This article builds upon the author’s earlier finding that a majority of slave auctions in South Carolina were conducted by the courts. The data for this article and the previous study were drawn from antebellum primary sources including trial-court records, the salesbooks …


Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech Jan 1996

Legalizing Employment Discrimination: A Foolish And Dangerous Policy, 29 J. Marshall L. Rev. 587 (1996), Michael J. Leech

UIC Law Review

No abstract provided.


A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell Jan 1996

A New Image Of The Slave Auction: An Empirical Look At The Role Of Law In Slave Sales And A Conceptual Reevaluation Of Slave Property, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

This legal history article presents a new understanding of the nature of slave property. Slave property was divided and fragmented into many different interests including those with application to real property such life estates, remainders, shifting and spring interests, and leasehold interests. With regard to these interests, the article overlays the first-year, law-school property course onto slaves as property. Property interests in slaves were also divided by credit mechanisms including mortgages and secured credit transactions. Warranties are another example of divided property interests in slaves.

The fragmented, Hohfeldian nature of slave property distributed the stake that southerners had in the …


Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond Jan 1996

Historical Perspectives On Fair Housing, 29 J. Marshall L. Rev. 315 (1996), Julian Bond

UIC Law Review

No abstract provided.


Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein Jan 1996

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.