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Full-Text Articles in Legal History

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw Dec 2012

The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw

Scott Titshaw

Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further ...


Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes Aug 2012

Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes

Stephan Foldes

Examples of historical law being included in today’s constitutional law are provided by constitutional enactments of the United States, Canada, Sweden, Norway, Belgium, Finland, Luxembourg, Germany, Ireland, France, Turkey, Slovakia, the Czech Republic, and Hungary. Issues of interpretation and application are again raised by a recent case decided in the Constitutional Court of Hungary.


Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler Jan 2012

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims ...