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Full-Text Articles in Legal History

Settlers And Immigrants In The Formation Of American Law, Aziz Rana Dec 2014

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Aziz Rana

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage ...


When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo Jul 2014

When Harvard Said No To Eugenics: The J. Ewing Mears Bequest, 1927, Paul A. Lombardo

Faculty Publications By Year

James Ewing Mears (1838-1919) was a founding member of the Philadelphia Academy of Surgery. His 1910 book, The Problem of Race Betterment, laid the groundwork for later authors to explore the uses of surgical sterilization as a eugenic measure. Mears left $60,000 in his will to Harvard University to support the teaching of eugenics. Although numerous eugenic activists were on the Harvard faculty, and who of its Presidents were also associated with the eugenics movement, Harvard refused the Mears gift. The bequest was eventually awarded to Jefferson Medical College in Philadelphia. This article explains why Harvard turned its back ...


Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor Jun 2014

Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor

Sharon Hamby O'Connor

Exhibition program from a Spring 1998 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from Morris L. Cohen's collection of law books for children.


Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor Jun 2014

Law & Order Made Amusing: A Selection Of Law Books For Children From The Collection Of Morris L. Cohen, Karen S. Beck, Mary Sarah Bilder, Ann Mcdonald, Sharon Hambly O'Connor

Sharon Hamby O'Connor

Exhibition program from a Spring 1998 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit featured selections from Morris L. Cohen's collection of law books for children.


A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee Jun 2014

A Revolution At War With Itself? Preserving Employment Preferences From Weber To Ricci, Sophia Z. Lee

Faculty Scholarship at Penn Law

Two aspects of the constitutional transformation Bruce Ackerman describes in The Civil Rights Revolution were on a collision course, one whose trajectory has implications for Ackerman’s account and for his broader theory of constitutional change. Ackerman makes a compelling case that what he terms “reverse state action” (the targeting of private actors) and “government by numbers” (the use of statistics to identify and remedy violations of civil rights laws) defined the civil rights revolution. Together they “requir[ed] private actors, as well as state officials, to . . . realize the principles of constitutional equality” and allowed the federal government to “actually ...


The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland Jan 2014

The Development Of Personal Status Law In Jordan & Iraq, Kelsey Cherland

CMC Senior Theses

This thesis explores the historical development of personal status law, which governs a person’s marriage, divorce, and custody rights. It is significant because it is part of a framework that has defined women’s rights for centuries. I will argue that personal status law is a patriarchal framework that has been reinforced over time, leading up to the creation of nation-states in the Middle East. As such, this is the “institution” of personal status that will be traced using historical institutionalism theory. In this thesis I will argue that personal status has undergone a critical juncture, or crucial moment ...


Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser Jan 2014

Putting Progress Back Into Progressive: Reclaiming A Philosophy Of History For The Constitution, David Aram Kaiser

Washington University Jurisprudence Review

No abstract provided.


The First Disestablishment: Limits On Church Power And Property Before The Civil War, Sarah Barringer Gordon Jan 2014

The First Disestablishment: Limits On Church Power And Property Before The Civil War, Sarah Barringer Gordon

Faculty Scholarship at Penn Law

No abstract provided.


Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith Jan 2014

Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith

Faculty Scholarship at Penn Law

No abstract provided.


Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee Jan 2014

Introduction To The Workplace Constitution From The New Deal To The New Right, Sophia Z. Lee

Faculty Scholarship at Penn Law

Today, most American workers do not have constitutional rights on the job. As The Workplace Constitution shows, this outcome was far from inevitable. Instead, American workers have a long history of fighting for such rights. Beginning in the 1930s, civil rights advocates sought constitutional protections against racial discrimination by employers and unions. At the same time, a conservative right-to-work movement argued that the Constitution protected workers from having to join or support unions. Those two movements, with their shared aim of extending constitutional protections to American workers, were a potentially powerful combination. But they sought to use those protections to ...


The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell Jan 2014

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication Scholarship

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will ...