Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 976

Full-Text Articles in Legal History

Timelords & Timelines: Four Web Apps For Storytelling In Libraries, Rachel S. Evans, Sharon Bradley, David Rutland Oct 2019

Timelords & Timelines: Four Web Apps For Storytelling In Libraries, Rachel S. Evans, Sharon Bradley, David Rutland

Presentations

From online embeds to interactive displays, timelines can serve many purposes and tell powerful stories. In this panel librarians discuss collaboration and how to bring history to life through displays, events and online platforms for engaging students and preserving community milestones. Four of our favorite tools for creating digital timelines and gathering content will be shared including Prezi, TikiToki, TimeToast, and Piktochart. Comparisons will be given based on cost, technical limitations, and general ease of use. Specific examples will also be shared and discussed.


The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris Oct 2019

The Remarkable First 50 Women Law Graduates Of St. Mary’S University: Part One, Regina Stone-Harris

St. Mary's Law Journal

Abstract forthcoming


Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby Oct 2019

Handcuffing The Vote: Diluting Minority Voting Power Through Prison Gerrymandering And Felon Disenfranchisement, Rebecca Harrison Stevens, Meagan Taylor Harding, Joaquin Gonzalez, Emily Eby

The Scholar: St. Mary's Law Review on Race and Social Justice

For the purposes of legislative redistricting, Texas counts prison populations at the address of the prison in which they are incarcerated at the time of the census, rather than their home prior to incarceration—regardless of whether the prisoners themselves maintain a residence in their home communities and intend to return home after incarceration. This deprives those home communities of full representation in the redistricting process. Combined with Texas’s felon disenfranchisement laws, this also results in arbitrarily bolstering the representational power of some Texans on the backs of other Texans who themselves are unable to vote. All of this ...


Challenging Voting Rights And Political Participation In State Courts, Irving Joyner Oct 2019

Challenging Voting Rights And Political Participation In State Courts, Irving Joyner

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Defending Truth, Cynthia V. Ward, Peter A. Alces Sep 2019

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.


The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy Sep 2019

The Corpus Juris Civilis: A Guide To Its History And Use, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis is indispensable for Roman law research. It is a vital pillar of modern law in many European nations, and influential in other countries. Scholars and lawyers still refer to it today. This valuable publication, however, may seem impenetrable at first, and references to it can be hard to decipher or detect. This guide provides a history of the Corpus Juris Civilis and the forms it has taken, states why it is still an important resource today, and offers some tips and tools for research using it.


The Corpus Juris Civilis, Frederick W. Dingledy Sep 2019

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

Byzantine Emperor Justinian I ordered the creation of the Corpus Juris Civilis, a compilation of the laws in force at the time, which would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States' law used principles listed the Corpus as a guide, and to this day legal scholars and historians still refer to it. Despite its importance, the Corpus can seem impenetrable to researchers, citations to the Corpus enigmatic. This program will give a history of the Corpus, describe its components, and give participants tools for researching ...


The Corpus Juris Civilis, Frederick W. Dingledy Sep 2019

The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

The Corpus Juris Civilis, created by order of Byzantine Emperor Justinian I to compile the laws in force at the time, would become a vital foundation for both the civil law and common law traditions. Important figures in the development of the United States’ law used principles listed in the Corpus as a guide, and to this day legal scholars and historians still refer to it. As a system of law based on principles, not case law, the Corpus provided the framework upon which France built the Code Napoleon. The Corpus' influence can be seen in the legal systems of ...


"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy Sep 2019

"As If Uttered By Our Own Inspired Mouth": Researching The Corpus Juris Civilis, Frederick W. Dingledy

Frederick W. Dingledy

No abstract provided.


Defending Truth, Cynthia V. Ward, Peter A. Alces Sep 2019

Defending Truth, Cynthia V. Ward, Peter A. Alces

Peter A. Alces

No abstract provided.


Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz Jul 2019

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at ...


Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism ...


M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example ...


The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson Jul 2019

The Confusing Language Of Mcculloch V. Maryland: Did Marshall Really Know What He Was Doing (Or Meant)?, Sanford Levinson

Arkansas Law Review

All legal “interpretation” involves confrontation with inherently indeterminate language. I have distinguished in my own work between what I call the Constitution of Settlement and the Constitution of Conversation. The former includes those aspects of the Constitution that do indeed seem devoid of interpretive challenge, such as the unfortunate assignment of two senators to each state or the specification of the terms of office of representatives, senators, and presidents. I am quite happy to concede that “two,” “four,” and “six” have determinate meaning, though my concession is not based on a fancy theory of linguistics. It is, rather, a recognition ...


Mcculloch At 200, David S. Schwartz Jul 2019

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the ...


Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger Jul 2019

Belle La Follette’S Fight For Women’S Suffrage: Losing The Battle For Wisconsin, Winning The War For The Nation, Nancy C. Unger

History

A century ago, on May 21, 1919, the US House of Representatives voted difinitively (304 to 89) in support of women’s suffrage. Two weeks later, Wisconsinite Belle La Follette sat in the visitors’ gallery of the US Senate chamber. She “shed a few tears” when it was announced that, by a vote of 56 to 25, the US Senate also approved the Nineteenth Amendment, sending it on to the states for ratification.1 For Belle La Follette, this thrilling victory was the culmination of a decades-long fight. Six days later, her happiness turned to elation when Wisconsin became the ...


Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton Jun 2019

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

The Scholar: St. Mary's Law Review on Race and Social Justice

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles ...


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills Jun 2019

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore ...


The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879, Matthew P. Carlin May 2019

The Hydraulic Dimension Of Reconstruction In Louisiana, 1863-1879, Matthew P. Carlin

University of New Orleans Theses and Dissertations

Louisiana developed an extensive system of levees throughout the Atchafalaya Basin and along its territorial Mississippi River. This system reached its zenith on the eve of the American Civil War. It went into dramatic decline following the conflict due to the confluence of military activity, protracted irregular warfare, and neglect stemming from labor and capital revolution. These shifts intensified with the 1863 Emancipation Proclamation and finally consolidated after the ratification of Louisiana’s Constitution of 1879. The shift of responsibility for the construction and maintenance of levees during the Reconstruction Era led to many significant changes in the character and ...


Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz Apr 2019

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to become more effective ...


Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis Apr 2019

Digitizing The Brooker Collection: From Dower To The Dow, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2019 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit focused on the Robert E. Brooker collection of land use documents and marked the completion of a project to digitize those documents


Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green Apr 2019

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual ...


The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus Apr 2019

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales ...


Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2019

Law Library Blog (March 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank Jan 2019

Reconsidering Judicial Independence: Forty-Five Years In The Trenches And In The Tower, Stephen B. Burbank

Faculty Scholarship at Penn Law

Trusting in the integrity of our institutions when they are not under stress, we focus attention on them both when they are under stress or when we need them to protect us against other institutions. In the case of the federal judiciary, the two conditions often coincide. In this essay, I use personal experience to provide practical context for some of the important lessons about judicial independence to be learned from the periods of stress for the federal judiciary I have observed as a lawyer and concerned citizen, and to provide theoretical context for lessons I have deemed significant as ...


Argument And The "Moral Impact" Theory Of The Law, Alani Golanski Jan 2019

Argument And The "Moral Impact" Theory Of The Law, Alani Golanski

Washington University Jurisprudence Review

The innovative Moral Impact Theory (“MIT”) of law claims that the

moral impacts of legal institutional actions, rather than the linguistic

content of “rules” or judicial or legislative pronouncements, determine

law’s content. MIT’s corollary is that legal interpretation consists in the

inquiry into what is morally required as a consequence of the lawmaking

actions.

This paper challenges MIT by critiquing its attendant view of the

nature of legal interpretation and argument. Points include the following:

(1) it is not practicable to predicate law’s content on the ability of legal

officials to resolve moral controversies; (2) it would ...


Privacy And The Internet Of Things: Why Changing Expectations Demand Heightened Standards, Graham Johnson Jan 2019

Privacy And The Internet Of Things: Why Changing Expectations Demand Heightened Standards, Graham Johnson

Washington University Jurisprudence Review

Entertainment consoles, wearable monitors, and security systems. For

better or worse, internet-connected devices are revolutionizing the

consumer products industry. Referred to broadly as the Internet of Things

(IoT), this ‘smart’ technology is drastically increasing the means, scope,

and frequency by which individuals communicate their personal

information. This Note explores the disruptive impact of IoT consumer

devices on the U.S.’s patchwork system of privacy protections. After

presenting a high-level survey of several key regulatory issues, this Note

argues that the proliferation of IoT devices exposes a fundamental flaw in

the Katz “reasonable expectation of privacy” standard. As individual

expectations ...


Covering And Identity Performance In Employment Discrimination Law, Megan Von Borstel Jan 2019

Covering And Identity Performance In Employment Discrimination Law, Megan Von Borstel

Washington University Jurisprudence Review

At a time when the law is transforming gay rights, the LGBTQ

community finds itself at the climax of its latest civil rights challenge:

federal employment non-discrimination protections. This Note addresses

the federal circuit split regarding whether Title VII’s prohibition against

sex discrimination includes a prohibition on the basis of sexual

orientation. By integrating the Seventh Circuit’s analysis in Hively v. Ivy

Tech Community College within the frameworks of intersectionality,

identity performance, and queer theory, this Note evaluates how an

evolving understanding of Title VII’s protections affect members of the

LGBTQ communities.


Examining The Legality Of Employee Microchipping Under The Lens Of The Transhumanistic Proactionary Principle, Joshua Z. Wasbin Jan 2019

Examining The Legality Of Employee Microchipping Under The Lens Of The Transhumanistic Proactionary Principle, Joshua Z. Wasbin

Washington University Jurisprudence Review

Modern workplaces are beginning to look to implanting their

employees with RFID microchips as a replacement for badges and

keycards. While both employers and employees stand to benefit from the

convenience of this innovation, states have begun to look to legislative

options for restricting employers from requiring that their employees get

microchipped. This Note will examine some of the state legislation and

will argue that Congress must institute a federal law that will provide

similar, if not stronger, levels of protection for employees who seek to

avoid being microchipped, an argument premised upon the

Transhumanistic Proactionary Principle.


Judging Well, Francis J. Mootz Iii Jan 2019

Judging Well, Francis J. Mootz Iii

Washington University Jurisprudence Review

Can judges interpret the law in a manner that is objectively verifiable, or do judges necessarily – even if unconsciously – inject their own predispositions and biases into their decisions? It is difficult to decide whether such a question is frivolous in the post-Realist age, or whether it is the is the single most important question that we can ask about our legal system. I endorse both responses. The question, as phrased, is both vitally important and unanswerable on its own terms. Rather than seeking an elusive objective standard by which to measure the correctness of “a judgment,” I argue that we ...