Legal History Commons^™

Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson

Faculty Works

This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …

Persistent Treatise - Data & Charts, Paul D. Callister, Dana Neacsu

Data for Scholarly Works

The thesis of this paper is that the legal treatise remains a pillar of our legal system and its Rule of Law, despite variations in its quantitate citation, and diversity of its qualitative usage in our jurisprudence, especially at the United States Supreme Court level. We support this claim with empirical data and qualitative analysis. First, as shown here, treatises have a significant and healthy presence in case law, briefs, and secondary sources. More importantly, they are a stabilizing influence in our evolving rule of law.

We have studied the citation of treatises in state and federal courts. In terms …

Artificial Agents In Corporate Boardrooms, Sergio Alberto Gramitto Ricci

Faculty Works

Thousands of years ago, Roman businessmen often ran joint businesses through commonly owned, highly intelligent slaves. Roman slaves did not have full legal capacity and were considered property of their co-owners. Now business corporations are looking to delegate decision-making to uber intelligent machines through the use of artificial intelligence in boardrooms. Artificial intelligence in boardrooms could assist, integrate, or even replace human directors. However, the concept of using artificial intelligence in boardrooms is largely unexplored and raises several issues. This Article sheds light on legal and policy challenges concerning artificial agents in boardrooms. The arguments revolve around two fundamental questions: …

Sexual Exploitation And The Adultified Black Girl, Mikah K. Thompson

Faculty Works

A troubling legacy of American chattel slavery is the justice system’s continued failure to provide adequate protection to African-American crime victims. This piece focuses on the law’s historic unwillingness to shield Black girls from acts of sexual violence. During slavery, lawmakers refused to criminalize rape committed against Black girls and women based not only on the fact that they were considered property but also on stereotypes about their sexuality. Even though the law now criminalizes the rape of Black girls, African-American rape survivors encounter more skepticism and hostility when they come forward with their stories compared to their White counterparts. …

Trump’S Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne F. Lindgren

Faculty Works

A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question …

Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With Search For The Organization's Conceptual Founding, Patrick C. Brayer

Faculty Works

This article traces the role of Roger Nash Baldwin as a leading figure in the American civil liberties movement in the early twentieth century. In particular, the article highlights the central role of St. Louis in this history. At the advice of family friend Louis Brandeis, Baldwin moved to St. Louis to become a sociology professor at Washington University. At the time, St. Louis was a center of migration for African Americans escaping oppression in the South. The article traces a variety of geographical locations throughout St. Louis that were important to Baldwin’s development as a leader in the civil …

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Faculty Works

This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …

The Ozark National Scenic Riverways And The Sagebrush Rebellion In Missouri, John W. Ragsdale Jr

Faculty Works

This article focuses on the back country-the Ozark National Scenic Riverways (ONSR) and the community around and with the rivers. It begins historically, tracing the origins and courses of stable-state, subsistence agricultural societies in the rugged hills overlooking the Current and Jacks Fork Rivers. It shows that such societies, though autonomous, are vulnerable to outside aggression. War, raiders, in­dustrial timbermen, and modern technology can shatter the environ­mental balance. Dam builders, government land managers, and tour­ism can erode internal sovereignty, custom, and self-esteem. These forces befell the Ozark highlands around the ONSR.

Out of the breakdown of land and economy, and …

The Supreme Court’S Devaluation Of U.S. Patents, Christopher M. Holman

Faculty Works

In a span of three weeks during the spring of 2017, the U.S. Supreme Court issued three patent decisions, bringing the total number of patent decisions for the 2016-2017 term to six. This means that the October 2016 term ties the previous record of six patent decisions in the October 2014 term. This represents a tremendous increase in the number of patent decisions compared to earlier times, and particularly the early days of the Federal Circuit. For reference, during the first quarter of a century the Federal Circuit was in existence, the Supreme Court heard on average less than one …

Normative History And Congress's Enforcement Power Under The Reconstruction Amendments, Edward Cantu

Faculty Works

As an originalist matter, what degree of logistical power did the Framers of the Reconstruction Amendments want Congress to have in actualizing the substantive guarantees of those amendments? In the 1990s the Court, seeking to revive its federalism vigilance, answered: "relatively limited power." Scholars pounced, and it quickly became "settled" in the scholarly literature that the Court had misread the historical record regarding the Framers' intent. Despite the scholarly reactions, the Roberts Court has carried the Rehnquist Court's torch on this interpretative matter. As such, strident accusations of conservative judicial activism toward the Roberts Court have paralleled the charges leveled …

The American Legacy Of Public Land Rebellion, John W. Ragsdale Jr

Faculty Works

The most recent manifestation of the Sagebrush Rebellion is a mind-bending, consciousness altering, looking glass version of logic and reality. The sight of Cliven Bundy with his big hat, massive silver belt buckle, and his equally sizeable paunch, his unemployable spawn, the late, doggedly litigious Wayne Hage and his dutiful descendants, the swat teams of heavily armed, confrontation-seeking acolytes, equipped with flak jackets, AK-47s, second amendment signage, and "patriot" bling is, to be charitable, cartoonish. This clown car has emerged, clad in the sackcloth of "injured innocence" and professing to be the beleaguered natives of the Great Basin's high desert. …

Implicit Bias And Capital Decision-Making: Using Narrative To Counter Prejudicial Psychiatric Labels, Sean O'Brien, Kathleen Wayland

Faculty Works

Overreliance on psychiatric diagnostic labels in the defense of death penalty cases risks triggering prejudicial associations in the minds of decision-makers. This article emphasizes the importance of developing a mitigating counter-narrative of the defendant’s life story, based on an extensive longitudinal and developmental investigation of the defendant and his family’s life trajectory. It is the client’s life story, not diagnostic labels, that reveals his humanity. Cognitive psychology provides a useful framework for explaining human perceptions, and how implicit or explicit biases can interfere with the objective interpretation of data in ways that affect judgment and behavior.

Introduction To The Symposium On Entrepreneurial Lawyering, Anthony J. Luppino, Ellen Suni

Faculty Works

No abstract provided.

The Roberts Court And Penumbral Federalism, Edward Cantu

Faculty Works

For several decades the Court has invoked “state dignity” to animate federalism reasoning in isolated doctrinal contexts. Recent Roberts Court decisions suggest that a focus on state dignity, prestige, status, and similar ethereal concepts — which derive from a “penumbral” reading of the Tenth Amendment — represent the budding of a different doctrinal approach to federalism generally. This article terms this new approach “penumbral federalism,” an approach less concerned with delineating state from federal regulatory turf, and more concerned with maintaining the states as viable competitors for the respect and loyalty of the citizenry.

After fleshing out what “penumbral federalism” …

The Continuing Battle Over The Second Amendment, Allen K. Rostron

Faculty Works

No abstract provided.

To Return From Where We Started: Revisioning Of Property, Land Use, Economy, And Regulation In America, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Women In Legal Education Section, Elizabeth Defeis

UMKC Law Review

Elizabeth Defeis shares the history and her own experiences with The Women in Legal Education (WLE) Section of the AALS.

1992: A Year Of Women, Bravery, And Growth, Karen Czapanskiy

UMKC Law Review

No abstract provided.

An Unexpected Chair, Elizabeth Nowicki

UMKC Law Review

No abstract provided.

A Section Memoir, Patricia Cain

UMKC Law Review

Patricia Cain discusses her experiences as a member and as Chair of the Women in Legel Education Section of the AALS.

The Aals Section On Women In Legal Education: The Past And The Future, Elizabeth M. Schneider

UMKC Law Review

Elizabeth Schneider discusses her experiences as a member and as chair of the Women in Legal Education Section of the AALS and the importance of reflection on the history of the Section.

Women In Legal Education Iii, Marina Angel

UMKC Law Review

Marina Angel shares her experiences with the Association of American Law Schools ("AALS") Section on Women in Legal Education. The first part of this article discusses her experience with the Section prior to becoming Chair, followed by a discussion of her experiences directly related to chairing the Section, and recommendations for future officers of the Section.

Introduction: Reflections Of Women In Legal Education: Stories From Four Decades Of Section Chairs, Linda Jellum, Nancy Levit

UMKC Law Review

An introduction is presented in which the editors discuss stories of women legal educators, who have served as Chair of the Association of American Law Schools' (AALS) Women in Legal Education Section in the U.S. and what that service meant to them over the years.

Reflections From An Era Of Breaking Glass - 1984-1998, Laura Rothstein

UMKC Law Review

No abstract provided.

Regaining Momentum, Pat K. Chew

UMKC Law Review

No abstract provided.

Memory Or Imagination: Reflections On The Section On Women In Legal Education, Joyce E. Mcconnell

UMKC Law Review

No abstract provided.

The Gendered Aspects Of Social Justice Work And Occupational Segregation In The Legal Academy: A Review Of 2003, Barbara Cox

UMKC Law Review

No abstract provided.

The Good, The Bad, And The Ugly, Lisa R. Pruitt

UMKC Law Review

No abstract provided.

Gender Integration And The Legal Academy: The Role Of The Aals Section On Women In Legal Education, Stephanie M. Wildman

UMKC Law Review

No abstract provided.

The Path Of Women In The Legal Academy: Gender, Race, And Culture, Melissa Tatum

UMKC Law Review

No abstract provided.