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Articles 1 - 30 of 46

Full-Text Articles in Legal History

The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr. Jan 2018

The Historical Significance Of Judge Learned Hand: What Endures And Why, Edward A. Purcell Jr.

Articles & Chapters

The 100th anniversary of Judge Learned Hand's opinion in Masses Publishing Co. v. Patten' invites us to look back on its author's long career and to consider his contributions to American law and his significance in the nation's history. Spanning more than fifty years from the presidency of William Howard Taft to the presidency of John F. Kennedy, Hand's judicial career presents an exceptionally rich subject for such reflection.


Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr. Jan 2017

Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr. Jan 2017

Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.

Other Publications

No abstract provided.


Book Review Of Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture, Edward A. Purcell Jr Jan 2017

Book Review Of Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture, Edward A. Purcell Jr

Other Publications

No abstract provided.


What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr. Jan 2017

What Changes In American Constitutional Law And What Does Not, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman Jan 2017

Vital Tissues Of The Spirit: Constitutional Emotions In The Antebellum United States, Doni Gewirtzman

Articles & Chapters

This Chapter provides a framework for examining the ambivalent and reciprocal relationship between emotions and constitutional law through three interrelated lenses: text, instrument, and symbol. In the years before the Civil War, discourse about feelings impacted institutional struggles for interpretive supremacy over the constitutional text, affected the Constitution’s ability to function as a legal mechanism for emotion management, and shaped its status as a national symbol.


The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr. Jan 2017

The Judicial Legacy Of Louis Brandeis And The Nature Of American Constitutionalism, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.


Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning Jan 2016

Fighting To Lose The Vote: How The Solider Voting Acts Of 1942 And 1944 Disenfranchised America's Armed Forces, Molly Guptill Manning

Articles & Chapters

No abstract provided.


Gendered Law In American History (2016), Richard Chused, Wendy Williams Jan 2016

Gendered Law In American History (2016), Richard Chused, Wendy Williams

Books

Gendered Law in American History is a remarkable compendium of over thirty years of research and teaching in the field. It explores an array of social, cultural, and legal arenas from the turn of the nineteenth to the middle of the twentieth centuries, including concepts of citizenship at the founding of the republic, the development of married women’s property laws, divorce, child custody, temperance, suffrage, domestic and racial violence before and after the Civil War, protective labor legislation, and the use of legal history testimony in legal disputes. It is both an invaluable reference tool and an important new ...


Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel Jan 2014

Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel

Other Publications

No abstract provided.


Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger Jan 2012

Globalization Through The Lens Of Palace Wars: What Elite Lawyers' Careers Can And Cannot Tell Us About Globalization Of Law, Frank W. Munger

Articles & Chapters

Yves Dezalay and Bryant Garth's three studies-Dealing in Virtue (1996), The Internationalization of Palace Wars (2002), Asian Legal Revivals (2010)-trace the globalization of law through "palace wars" among elites for positions in the "fields of state power." They conclude that globalization occurs through links among elites engaged in their domestic palace wars, which independently establish the symbolic power of law in each state. The article argues that while Dezalay and Garth provide an invaluable new starting point for further research, they do not adequately consider an emerging field of research documenting alternative pathways of legal development pursued by ...


Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris Jan 2011

Criminalizing Hate: America's Legislative Response To Bias Crime, Bryce Therrien, Nadia-Elysse Harris

Tribeca Square Press

No abstract provided.


Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr. Jan 2010

Book Review Of Melvin I. Urofsky's Louis D. Brandeis: A Life, Edward A. Purcell Jr.

Other Publications

No abstract provided.


The Founding Fathers Reconsidered, Richard B. Bernstein Jan 2009

The Founding Fathers Reconsidered, Richard B. Bernstein

Books

Here is a vividly written and compact overview of the brilliant, flawed, and quarrelsome group of lawyers, politicians, merchants, military men, and clergy known as the "Founding Fathers"--who got as close to the ideal of the Platonic "philosopher-kings" as American or world history has ever seen.

In The Founding Fathers Reconsidered, R. B. Bernstein reveals Washington, Franklin, Jefferson, Adams, Hamilton, and the other founders not as shining demigods but as imperfect human beings--people much like us--who nevertheless achieved political greatness. They emerge here as men who sought to transcend their intellectual world even as they were bound by its ...


The Rise Of The American Adversary System: America Before England, Randolph N. Jonakait Jan 2009

The Rise Of The American Adversary System: America Before England, Randolph N. Jonakait

Articles & Chapters

The standard versions of the adversary system's development show that as more lawyers participated in English criminal trials in eighteenth century England criminal procedure became increasingly adversary. Those versions largely ignore American history which shows that the colonies and early America did not simply adopt the English adversary system but moved to an adversary system in advance of England. This article discusses data and developments indicating America's early adoption of an adversary system, including the American guarantee of a right of counsel, the routine presence of counsel in criminal cases in the colonies and the new United States ...


Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana Jan 2009

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

Articles & Chapters

Professor Ross Sandler has contributed a full review of Fighting for the City to this symposium issue. This short comment is meant to supplement that review by emphasizing topics that are of particular interest to an historian of the American legal profession, and of American legal education in particular and New York City in general. It is also meant to draw some connections between Fighting for the City and two of Professor William Nelson's other works: In Pursuit of Right and Justice, his biography of Edward Weinfeld, a lawyer and judge of the District Court for theSouthern District of ...


Book Review Of Dalia Mitchell’S Architect Of Justice: Felix S. Cohen And The Founding Of American Pluralism, Edward A. Purcell Jr. Jan 2008

Book Review Of Dalia Mitchell’S Architect Of Justice: Felix S. Cohen And The Founding Of American Pluralism, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Lost In Translation: Some Brief Notes On Writing About Law For The Layperson, Brandt Goldstein Jan 2008

Lost In Translation: Some Brief Notes On Writing About Law For The Layperson, Brandt Goldstein

Articles & Chapters

No abstract provided.


The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait Jan 2007

The (Futile) Search For A Common Law Right Of Confrontation: Beyond Brasier's Irrelevance To (Perhaps) Relevant American Cases, Randolph N. Jonakait

Articles & Chapters

After Crawford v. Washington asserted that the Confrontation Clause constitutionalized the common law right of confrontation, cases have been suggested that illustrate that right. This short essay considers whether the 1779 English case Rex v. Brasier is such a decision, as some contend. The essay concludes that Brasier says nothing about the right of confrontation and points to a comparable framing-era, American case that indicates that general rules about hearsay and confrontation were not at issue. The essay maintains that if the historical understandings of the right of confrontation and hearsay are to control the Confrontation Clause, then framing-era, American ...


Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews Jan 2007

Learning To Love After Learning To Harm: Post-Conflict Reconstruction, Gender Equality And Cultural Values, Penelope Andrews

Articles & Chapters

The question that the Jacob Zuma rape trial and its aftermath raised was how a country like South Africa, with such a wonderful Constitution and expansive Bill of Rights, could generate such negative and retrogressive attitudes towards women. In line with this inquiry, this article raises three issues: The first focuses on the legacy of apartheid violence and specifically the cultures of masculinity, the underbelly of apartheid violence. Second, the article explores the findings of the Truth and Reconciliation Commission (TRC), a vital part of the post-apartheid transformation agenda, to examine how the TRC pursued violations of women's human ...


Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr. Jan 2005

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.


The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe Jan 2003

The Serpent Beguiled Me: A History Of The Entrapment Defense, Rebecca Roiphe

Articles & Chapters

No abstract provided.


A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused Jan 2003

A Brief History Of Gender Law Journals: The Heritage Of Myra Bradwell's Chicago Legal News, Richard H. Chused

Articles & Chapters

No abstract provided.


Book #23, Roger J. Miner '56 Jan 2001

Book #23, Roger J. Miner '56

Scrapbooks

No abstract provided.


Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews Jan 2000

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and ...


Foreword: The One-Hundredth Anniversary Of The Charter Of The City Of New York (Symposium: One-Hundredth Anniversary Of The Charter Of The City Of New York: Past, Present, And Future, 1898–1998), Ross Sandler Jan 1998

Foreword: The One-Hundredth Anniversary Of The Charter Of The City Of New York (Symposium: One-Hundredth Anniversary Of The Charter Of The City Of New York: Past, Present, And Future, 1898–1998), Ross Sandler

Articles & Chapters

No abstract provided.


Book Review Of Silencing The Opposition: Government Strategies Of Suppression Of Freedom Of Expression, By Craig R. Smith, Jethro K. Lieberman Jan 1997

Book Review Of Silencing The Opposition: Government Strategies Of Suppression Of Freedom Of Expression, By Craig R. Smith, Jethro K. Lieberman

Other Publications

No abstract provided.


Thomas Jefferson And Bolling V Bolling, Richard B. Bernstein Jan 1997

Thomas Jefferson And Bolling V Bolling, Richard B. Bernstein

Books

The manuscript account of the arguments in the case of Bolling v Bolling, chiefly in the hand of Thomas Jefferson, has been published for the first time in this book. The manuscript, which is now in the collection of the Henry E Huntington Library, contains the most complete known account of arguments submitted to an American colonial court. The book's introduction to the court case places it into its proper context.


Book Review Of American Legal Realism And Empirical Social Science, By John Henry Schlegel, Edward A. Purcell Jr. Jan 1996

Book Review Of American Legal Realism And Empirical Social Science, By John Henry Schlegel, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr. Jan 1995

Book Review Of Justice Oliver Wendell Holmes: Law And The Inner Self, By Edward White., Edward A. Purcell Jr.

Other Publications

No abstract provided.