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Full-Text Articles in Legal History

The Transient And The Permanent In Arbitration, William W. Park Jan 2021

The Transient And The Permanent In Arbitration, William W. Park

Faculty Scholarship

Several years ago, Jan Paulsson observed that Derek Roebuck might substitute for a time machine, providing a way for us to voyage backward with a guide to put everything in context. Indeed, the great Derek Roebuck, to whom we dedicate this set of essays, gave much of his professional life to making sure that by receiving a glimpse of dispute resolution in earlier times, we might have an opportunity better to understand the reality of present-day arbitration.


Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark Dec 2001

Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark

Publications

Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.


Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow Jan 1998

Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …