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Legal History Commons

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Articles 1 - 30 of 35

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.


How Roe V. Wade Was Written, David J. Garrow Mar 2014

How Roe V. Wade Was Written, David J. Garrow

Washington and Lee Law Review

No abstract provided.


Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun Mar 2014

Justice Lewis F. Powell's Baffling Vote In Roe V. Wade, Samuel W. Calhoun

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.


Recovering The Legal History Of The Confederacy, G. Edward White Mar 2011

Recovering The Legal History Of The Confederacy, G. Edward White

Washington and Lee Law Review

Although the government of the Confederate States of America has been formally treated as a legal nullity since 1878, from February, 1861 to April, 1865 the Confederacy was a real government, with a Constitution, a Congress, district courts, and administrative offices. This Article seeks to recover the legal order of the Confederacy in its robust state, before the prospect of its obliteration came to pass. The Article explores the question why certain southern states would have considered seceding from the United States, and forming a separate nation, in late 1860 and early 1861. It then turns to the legal order ...


Rediscovering Williston, Mark L. Movsesian Jan 2005

Rediscovering Williston, Mark L. Movsesian

Washington and Lee Law Review

This Article is an intellectual history of classical contracts scholar Samuel Williston. Professor Movsesian argues that the conventional account of Williston's jurisprudence presents an incomplete and distorted picture. While much of Williston 's work can strike a contemporary reader as arid and conceptual, there are strong elements of pragmatism as well. Williston insists that doctrine be justified in terms of real-world consequences, maintains that rules can have only presumptive force, and offers institutional explanations for judicial restraint. As a result, his scholarship shares more in common with today's new formalism than commonly supposed. Even the undertheorized quality of ...


From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan Jun 2004

From The Xyz Affair To The War On Terror: The Justiciability Of Time Of War, John M. Hagan

Washington and Lee Law Review

No abstract provided.


The Character Of Legal Reasoning, Brett G. Scharffs Mar 2004

The Character Of Legal Reasoning, Brett G. Scharffs

Washington and Lee Law Review

No abstract provided.


"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart Jan 2001

"A Less Proportion Of Idle Proprietors": Madison, Property Rights, And The Abolition Of Fee Tail, John F. Hart

Washington and Lee Law Review

No abstract provided.


The Strange History Of "All Men Are Created Equal", Pauline Maier Jun 1999

The Strange History Of "All Men Are Created Equal", Pauline Maier

Washington and Lee Law Review

No abstract provided.


The American Founders' Responsibility, Ralph Lerner Jun 1999

The American Founders' Responsibility, Ralph Lerner

Washington and Lee Law Review

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.


Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster Jun 1997

Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster

Washington and Lee Law Review

No abstract provided.


Constitutional Fictions And Meritocratic Success Stories, Robin West Jun 1996

Constitutional Fictions And Meritocratic Success Stories, Robin West

Washington and Lee Law Review

No abstract provided.


Plessy V. Ferguson - 100 Years Later Jan 1996

Plessy V. Ferguson - 100 Years Later

Washington and Lee Law Review

No abstract provided.


Possession, Witchcraft, And The Law In Jacobean England, Brian P. Levack Jan 1996

Possession, Witchcraft, And The Law In Jacobean England, Brian P. Levack

Washington and Lee Law Review

No abstract provided.


"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan Mar 1995

"Not Unmindful Of The Future": Some Reflections On Stability And Change*, Barry Sullivan

Washington and Lee Law Review

No abstract provided.


Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo Mar 1993

Twelve Letters From Arthur L. Corbin To Robert Braucher, Joseph M. Perillo

Washington and Lee Law Review

No abstract provided.


Performing The Constitution, Denis J. Brion Mar 1992

Performing The Constitution, Denis J. Brion

Washington and Lee Law Review

No abstract provided.


Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs Jan 1992

Lawyers' Papers: Confidentiality Versus The Claims Of History, Bonnie Hobbs

Washington and Lee Law Review

No abstract provided.


The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John N. Jacob Jan 1992

The Lewis F. Powell, Jr. Archives And The Contemporary Researcher, John N. Jacob

Washington and Lee Law Review

No abstract provided.


The Court Between Hegemonies, L. A. Powe, Jr. Jan 1992

The Court Between Hegemonies, L. A. Powe, Jr.

Washington and Lee Law Review

No abstract provided.


Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald Jan 1992

Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald

Washington and Lee Law Review

No abstract provided.


Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld Sep 1991

Thomas Jefferson's Equity Commonplace Book, Edward Dumbauld

Washington and Lee Law Review

No abstract provided.


The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon Sep 1989

The Popular Image Of The American Lawyer: Some Thoughts On Its Eighteenth And Nineteenth Century Intellectual Bases, James W. Gordon

Washington and Lee Law Review

No abstract provided.


The System And The Life World, Warren Lehman Mar 1989

The System And The Life World, Warren Lehman

Washington and Lee Law Review

No abstract provided.


Tax Reform-Yesterday, Today, And Tomorrow*, Boris I. Bittker Jan 1987

Tax Reform-Yesterday, Today, And Tomorrow*, Boris I. Bittker

Washington and Lee Law Review

No abstract provided.


The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland Sep 1986

The Reconstruction Amendments' Debates. Edited By Alfred Avins, Robert M. Ireland

Washington and Lee Law Review

No abstract provided.


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.