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Full-Text Articles in Legal History
Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi
Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi
Indiana Law Journal
No abstract provided.
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall
Vanderbilt Law Review
Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution (Part One), Robert B. Jones
Vanderbilt Law Review
This brief survey has superficially touched upon the most prominent works of the historiography of slavery and has ignored the large mass of work on subjects such as slavery in the various states, slave rebellions, slave reminiscences, and the anti-slavery crusade. With the exception of the Civil War, perhaps more has been written about slavery than any other aspect of southern history. Despite the great amount of scholarship devoted to the study of slavery, however, there has been, as Keir Nash points out, little scholarly work done on the legal history of slavery. One hopes this gap will be bridged …
Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold
Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold
Articles by Maurer Faculty
No abstract provided.
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash
Reason Of Slavery: Understanding The Judicial Role In The Peculiar Institution, A. E. Keir Nash
Vanderbilt Law Review
The results most relevant to the concerns of this Article are of course the effects upon how we judge the judges-for almost always we are sufficiently Whiggish to attempt such a judgment, either explicitly or implicitly. At times the consequence of so summing can be to imagine that one catches the judicial conscience by asking questions phrased as Sentence D's query, whether the judges"collaborated" in a system of racial oppression. When we put the question this way, two unfortunate things happen. First, we create a verbal and historical muddle, for if anything ought to be clear by now it is …
St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen
St. George Tucker, John Marshall,And Constitutionalism In The Post-Revolutionary South, Charles T. Cullen
Vanderbilt Law Review
A study of Marshall's early career suggests several reasons for constitutionalism fundamentally different from that of Tucker, a constitutionalism that became law in the early Republic because of Marshall's position on the Supreme Court. The writings and careers of southern constitutionalists like Tucker also merit further study in order to fully appreciate the growing divergence between the views originally expressed by him and those embraced by the nationalists, who decreased in number in the South after Marshall's time. Finally, we should develop a better understanding of the influence of southerners on the formation of legal and constitutional systems in other …