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Legal History Commons

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Articles 1 - 11 of 11

Full-Text Articles in Legal History

Progressive Legal Thought, Herbert Hovenkamp Mar 2015

Progressive Legal Thought, Herbert Hovenkamp

Washington and Lee Law Review

No abstract provided.


Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler Mar 2014

Beyond Backlash: Legal History, Polarization, And Roe V. Wade, Mary Ziegler

Washington and Lee Law Review

No abstract provided.


Scaled Legislation & The Legal History Of The Common Good, Jill M. Fraley Jan 2013

Scaled Legislation & The Legal History Of The Common Good, Jill M. Fraley

Scholarly Articles

None available.


More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis Apr 2004

More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Remembering The Fourth Circuit Judges: A History From 1941 To 1998 Mar 1998

Remembering The Fourth Circuit Judges: A History From 1941 To 1998

Washington and Lee Law Review

No abstract provided.


Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom Jan 1996

Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom

Washington and Lee Law Review

No abstract provided.


Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon Jan 1994

Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon

Scholarly Articles

None available.


Positivism In The Historiography Of The Common Law, David K. Millon Jan 1989

Positivism In The Historiography Of The Common Law, David K. Millon

Scholarly Articles

A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view.

Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …


Circumspect Agatis Revisted, David K. Millon Jan 1984

Circumspect Agatis Revisted, David K. Millon

Scholarly Articles

None available.


Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese Jan 1984

Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese

Washington and Lee Law Review

No abstract provided.


A Critique Of Two Arguments Against The Exclusionary Rule: The Historical Error And The Comparative Myth, Donald E. Wilkes, Jr. Sep 1975

A Critique Of Two Arguments Against The Exclusionary Rule: The Historical Error And The Comparative Myth, Donald E. Wilkes, Jr.

Washington and Lee Law Review

No abstract provided.