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Legal History Commons

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Full-Text Articles in Legal History

Masthead, Editors Jan 2011

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.


On The Road To Civil Gideon: Five Lessons From The Enactment Of A Right To Counsel For Indigent Homeowners In Federal Civil Forfeiture Proceedings, Louis S. Rulli Jan 2011

On The Road To Civil Gideon: Five Lessons From The Enactment Of A Right To Counsel For Indigent Homeowners In Federal Civil Forfeiture Proceedings, Louis S. Rulli

All Faculty Scholarship

No abstract provided.


What If Slaughter-House Had Been Decided Differently?, Kermit Roosevelt Iii Jan 2011

What If Slaughter-House Had Been Decided Differently?, Kermit Roosevelt Iii

All Faculty Scholarship

In The Slaugherhouse Cases, the Supreme Court gutted the Privileges or Immunities Clause of the Fourteenth Amendment. Though academics continue to argue that Slaughterhouse was wrongly decided and should be overruled, the practical consequences of doing so might not be enormous. The constitutional rights the dissenters found in the Privileges or Immunities Clause are part of our current law anyway, through the Due Process and Equal Protection Clauses. But this does not mean that Slaughterhouse cost us nothing. This article explores how our law might be different had Slaughterhouse been decided differently. Rather than taking up the role that Privileges …