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Legal History Commons

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Articles 1 - 14 of 14

Full-Text Articles in Legal History

Textiles: Popular Culture And The Law, Laura F. Edwards Jan 2016

Textiles: Popular Culture And The Law, Laura F. Edwards

Buffalo Law Review

No abstract provided.


Humbug: Toward A Legal History, Susanna Blumenthal Jan 2016

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.


All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr. Jan 2016

All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr.

Journal Articles

No abstract provided.


The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen Jan 2016

The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen

Journal Articles

This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker ...


Bills Of Attainder, Matthew Steilen Jan 2016

Bills Of Attainder, Matthew Steilen

Journal Articles

What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills.

This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of ...


Organic Poise: Capitalism As Law, Christopher Tomlins Jan 2016

Organic Poise: Capitalism As Law, Christopher Tomlins

Buffalo Law Review

No abstract provided.


Some Final Observations On Legal Intellectual History, Robert W. Gordon Jan 2016

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.


Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel Jan 2016

Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel

Buffalo Law Review

No abstract provided.


A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra Jan 2016

A Bridge Between: Law And The New Intellectual Histories Of Capitalism, Ajay K. Mehrotra

Buffalo Law Review

No abstract provided.


Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr. Jan 2016

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.


Causation, Legal History, And Legal Doctrine, Charles Barzun Jan 2016

Causation, Legal History, And Legal Doctrine, Charles Barzun

Buffalo Law Review

No abstract provided.


Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster Jan 2016

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.


Writing The Social History Of Legal Doctrine, Cynthia Nicoletti Jan 2016

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.


On Absences As Material For Intellectual Historical Study, John Henry Schlegel Jan 2016

On Absences As Material For Intellectual Historical Study, John Henry Schlegel

Buffalo Law Review

No abstract provided.