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Legal History Commons

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Articles 1 - 7 of 7

Full-Text Articles in Legal History

Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky Apr 1988

Law And Culture In Antebellum Boston (Review Essay), Alfred S. Konefsky

Book Reviews

Review of Robert A. Ferguson, Law and Letters in American Culture; R. Kent Newmeyer, Supreme Court Justice joseph Story: Statesman of the Old Republic; and William H. Pease & Jane H. Pease, The Web of Progress: Private Values and Public Syles in Boston and Charleston.


Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin Jan 1988

Employer Abuse, Worker Resistance, And The Tort Of Intentional Infliction Of Emotional Distress, Regina Austin

All Faculty Scholarship

No abstract provided.


Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski Jan 1988

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …


Reply To Cornel West, William Ewald Jan 1988

Reply To Cornel West, William Ewald

All Faculty Scholarship

No abstract provided.


A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green Jan 1988

A Retrospective On The Criminal Trial Jury, 1200-1800, Thomas A. Green

Book Chapters

My recent book provided an overview of the history of the institutional aspects of the English criminal trial jury upon which all of the contributors to this volume have, tacitly or otherwise, commented. That tentative institutional background was intended both to stand on its own terms and to provide a framework for the studies on the relationship between law and society and on the history of ideas regarding the jury that made up the larger part of the volume. The two aspects of my book were joined: the socio-legal analysis and the history of ideas were to a large extent …


The Authoritarian Impulse In Constitutional Law, Robin West Jan 1988

The Authoritarian Impulse In Constitutional Law, Robin West

Georgetown Law Faculty Publications and Other Works

Should there be greater participation by legislators and citizens in constitutional debate, theory, and decision-making? An increasing number of legal theorists from otherwise divergent perspectives have recently argued against what Paul Brest calls the "principle of judicial exclusivity" in our constitutional processes. These theorists contend that because issues of public morality in our culture either are, or tend to become, constitutional issues, all political actors, and most notably legislators and citizens, should consider the constitutional implications of the moral issues of the day. Because constitutional questions are essentially moral questions about how active and responsible citizens should constitute themselves, we …


Ordeal In Iceland, William I. Miller Jan 1988

Ordeal In Iceland, William I. Miller

Articles

Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …