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Articles 1 - 30 of 258
Full-Text Articles in Legal History
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody
Carlisle Moody
No abstract provided.
Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar
Book Review (Reviewing Louis Fisher's Congress: Protecting Individual Rights), Adeen Postar
Adeen Postar
Fisher is currently the Scholar in Residence at the Constitution Project, and is well known for his many years as Senior Specialist on Separation of Powers at the Congressional Research Service and as Specialist in Constitutional Law at the Law Library of Congress. He has extensive experience testifying before Congress on topics that include Congress and the constitution, war powers, executive power and privilege, and several aspects of the federal budget and its processes. He has written numerous books on these topics, including (to name only a few) The President and Congress: Power and Policy (1972); Defending Congress and the …
The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall
The Architecture Of Law: Building Law In The Classical Tradition, Brian M. Mccall
Brian M McCall
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Indefinite Detention, Colonialism, And Settler Prerogative In The United States, Natsu Taylor Saito
Natsu Taylor Saito
The primacy accorded individual civil and political rights is often touted as one of the United States' greatest achievements. However, mass incarcerations of indefinite duration have occurred consistently throughout U.S. history and have primarily targeted people of color. The dominant narrative insists that the United States is a political democracy and portrays each instance of indefinite detention in exceptionalist terms. This essay argues that the historical patterns of indefinite detention are better explained by recognizing the United States as a settler colonial state whose claimed prerogative to expand its territorial reach and contain/control populations over which it exercises jurisdiction inevitably …
Social Contract Neutrality And The Religion Clauses Of The Federal Constitution, Gregory S. Sergienko
Social Contract Neutrality And The Religion Clauses Of The Federal Constitution, Gregory S. Sergienko
Greg Sergienko
'Neutrality' has become the slogan that the Supreme Court uses for judging all claims of freedom of religion whether under the Establishment Clause or the Free Exercise Clause. However, the word 'neutrality' conceals the Court's inconsistent use of the concept. Thus, in Rosenberger v. Rectors of the University of Virginia, the recent debate about funding for religious publications, both the majority and the dissent asserted that only their approach was truly neutral. This inconsistency in the meaning of neutrality in the religion clauses is merely part of a general inconsistency in the Court's treatment of the religion clauses. Some of …
Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith
Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith
Latonia Haney Keith
Civil justice issues in the United States bring with them no guarantee of legal counsel, yet the civil legal system is still designed to require an attorney in almost all situations. Given the ever-growing costs of legal representation, how then are the legal needs of the poor met? The author calls this phenomenon the “justice gap” and addresses the issue of an access to justice gap and proposes a potential solution.
This article examines the existence of the “justice gap,” wherein the poor face substantial barriers that hinder them from receiving the same legal protections as wealthier Americans. It goes …
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
Catherine Fisk
No abstract provided.
Lawyers And Biblical Prophets, Thomas L. Shaffer
Lawyers And Biblical Prophets, Thomas L. Shaffer
Thomas L. Shaffer
This is part of a broader exploration of the suggestion that the biblical prophets-Moses, Isaiah, Jeremiah, Amos, Nathan, and the others-are sources of ethical reflection and moral example for modern American lawyers. The suggestion appears to be unusual; I am not sure why. The Prophets were, more than anything else, lawyers-as their successors, the Rabbis of the Talmud, were. They were neither teachers nor bureaucrats, not elected officials or priests or preachers. And the comparison is not an ancient curiosity: Much of what admirable lawyer-heroes have done in modern America has been prophetic in the biblical sense-that is, what they …
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Commentary, Critical Legal Theory In Intellectual Property And Information Law Scholarship, Cardozo Arts & Entertainment Law Journal Spring Symposium, Sonia K. Katyal, Peter Goodrich
Sonia Katyal
The very definition and scope of CLS (critical legal studies) is itself subject to debate. Some scholars characterize CLS as scholarship that employs a particular methodology—more of a “means” than an “end.” On the other hand, some scholars contend that CLS scholarship demonstrates a collective commitment to a political end goal—an emancipation of sorts —through the identification of, and resistance to, exploitative power structures that are reinforced through law and legal institutions. After a brief golden age, CLS scholarship was infamously marginalized in legal academia and its sub-disciplines. But CLS themes now appear to be making a resurgence—at least in …
Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal
Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal
Sonia Katyal
In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …
Latin American Legal History: Some Essential Spanish Terms, M C. Mirow
Latin American Legal History: Some Essential Spanish Terms, M C. Mirow
M. C. Mirow
Terms related to Latin American legal history translated into English.
Targeted Killing: A Legal And Political History, Markus Gunneflo
Targeted Killing: A Legal And Political History, Markus Gunneflo
Markus Gunneflo
Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
Felice J Batlan
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
Oliver Wendell Holmes, Jr., And The American Civil War, Catharine P. Wells
Oliver Wendell Holmes, Jr., And The American Civil War, Catharine P. Wells
Catharine P. Wells
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Hustle And Flow: A Social Network Analysis Of The American Federal Judiciary, Daniel Martin Katz
Daniel M Katz
No abstract provided.
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek
Alev Dudek
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Ex Post Modernism: How The First Amendment Framed Nonrepresentational Art, Sonya G. Bonneau
Sonya G Bonneau
Nonrepresentational art repeatedly surfaces in legal discourse as an example of highly valued First Amendment speech. It is also systematically described in constitutionally valueless terms: nonlinguistic, noncognitive, and apolitical. Why does law talk about nonrepresentational art at all, much less treat it as a constitutional precept? What are the implications for conceptualizing artistic expression as free speech?
This article contends that the source of nonrepresentational art’s presumptive First Amendment value is the same source of its utter lack thereof: modernism. Specifically, a symbolic alliance between abstraction and freedom of expression was forged in the mid-twentieth century, informed by social and …
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin
Emanuela A. Matei
Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Susan Ayres
This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Demonic Ambiguities: Enchantment And Disenchantment In Nat Turner’S Virginia, Christopher Tomlins
Christopher Tomlins
No abstract provided.
Will The Constitution Survive Into The Twenty-First Century - Some Reflections On The Bicentennial Of The United States Constitution, 21 J. Marshall L. Rev. 79 (1987), Michael P. Seng
Michael P. Seng
No abstract provided.
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth
Peter L. Lindseth
No abstract provided.
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Deception In Morality And Law, Larry Alexander, Emily Sherwin
Emily L Sherwin
No abstract provided.
Compensation And Revenge, Emily Sherwin
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Limited-Domain Positivism As An Empirical Proposition, Stewart J. Schwab
Stewart J Schwab
In his typically clear statement of a provocative thesis, Fred Schauer, along with his co-author, Virginia Wise, ask us to think about positivism in a new way. Their claim has two parts. First, Schauer and Wise redefine legal positivism as an empirical claim about the limited domain of information that legal decisionmakers use to make decisions. Second, they begin testing the extent to which our legal system in fact reflects this limited domain. Ironically, Schauer and Wise believe that positivism, so conceived, is "increasingly false." Thus, their two-part approach is, first, to declare that legal positivism should be conceived of …
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Some Observations On The Role Of Social Change On The Courts, Gerald Torres
Gerald Torres
No abstract provided.
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Book Review, Unintended Consequences Of Constitutional Amendment, Neil Kinkopf
Neil J. Kinkopf
No abstract provided.
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice Batlan
Felice J Batlan
No abstract provided.
Administrative Equal Protection: Federalism, The Fourteenth Amendment, And The Rights Of The Poor, Karen M. Tani