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Legal History Commons

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Articles 1 - 13 of 13

Full-Text Articles in Legal History

The Other Ordinary Persons, Fred O. Smith, Jr. Jul 2021

The Other Ordinary Persons, Fred O. Smith, Jr.

Washington and Lee Law Review

If originalism aims to center the original public meaning of text, who constitutes “the public”? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American law consults the wisdom of the ages, we do not sever entire sources of wisdom?

This brief symposium Article engages these themes, offering two modest, interrelated claims. The first is that important informational, ethical, and democratic benefits accrue when American legal doctrine includes the voices and …


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.


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 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.


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.


Performing The Constitution, Denis J. Brion Mar 1992

Performing The Constitution, Denis J. Brion

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.


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.


The Road From Runnymede, Magna Carta And Constitutionalism In America, A. E. Dick Howard, Wilfred J. Ritz Sep 1969

The Road From Runnymede, Magna Carta And Constitutionalism In America, A. E. Dick Howard, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.


1787: The Grand Convention, By Clinton Rossiter Mar 1967

1787: The Grand Convention, By Clinton Rossiter

Washington and Lee Law Review

No abstract provided.