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Articles 31 - 60 of 627
Full-Text Articles in Legal History
The Constitutional Convention And Constitutional Change: A Revisionist History, Matthew J. Steilen
The Constitutional Convention And Constitutional Change: A Revisionist History, Matthew J. Steilen
Journal Articles
How do we change the Federal Constitution? Article V tells us that we can amend the Constitution by calling a national convention to propose changes and then ratifying those proposals in state conventions. Conventions play this role because they represent the people in their sovereign capacity, as we learn when we read McCulloch v. Maryland.
What is not often discussed is that Article V itself contains another mechanism for constitutional change. In fact, Article V permits both conventions and leg-islatures to be used for amendment, and, as it happens, all but one of the 27 amendments to the Constitution have …
Presidential Whim, Matthew J. Steilen
Presidential Whim, Matthew J. Steilen
Journal Articles
This article describes a new body of legal literature on the presidency. In contrast to older bodies of writing, which emphasize presidential independence, this body of writing emphasizes the dependence of the executive power, and a set of moral values associated with the office: faith, faithfulness, responsibility, honesty, due care, and professionalism, among others. The article considers prospects for enforcing this vision of the presidency in light of the particular problems posed by the Trump presidency. Many writers have complained of President Trump's leadership style, which is abrupt, reflexive, dissembling, and unilateral. I refer to this as the problem of …
Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite
Tempered Power, Variegated Capitalism, Law And Society, John Braithwaite
Buffalo Law Review
No abstract provided.
Foreword: Tempering Power, Errol Meidinger
The Security Court, Matthew J. Steilen
The Security Court, Matthew J. Steilen
Journal Articles
The Supreme Court is concerned not only with the limits of our government’s power to protect us, but also with how it protects us. Government can protect us by passing laws that grant powers to its agencies or by conferring discretion on the officers in those agencies. Security by law is preferable to the extent that it promotes rule of law values—certainty, predictability, uniformity, and so on—but, security by discretion is preferable to the extent that it gives government the room it needs to meet threats in whatever form they present themselves. Drawing a line between security by law and …
A History Of Law And Lawyers In The Gatt/Wto. Edited By Gabrielle Marceau., Meredith Kolsky Lewis
A History Of Law And Lawyers In The Gatt/Wto. Edited By Gabrielle Marceau., Meredith Kolsky Lewis
Book Reviews
No abstract provided.
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew J. Steilen
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew J. 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’s …
On The Battlefield Of Merit: Harvard Law School, The First Century, By Daniel R. Coquillette And Bruce A. Kimball, John Henry Schlegel
On The Battlefield Of Merit: Harvard Law School, The First Century, By Daniel R. Coquillette And Bruce A. Kimball, John Henry Schlegel
Book Reviews
No abstract provided.
Bills Of Attainder, Matthew J. Steilen
Bills Of Attainder, Matthew J. 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 …
All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr.
All In The Family: A Legacy Of Public Service And Engagement - Edward And Thomas Fairchild, R. Nils Olsen Jr.
Journal Articles
No abstract provided.
Causation, Legal History, And Legal Doctrine, Charles Barzun
Causation, Legal History, And Legal Doctrine, Charles Barzun
Buffalo Law Review
No abstract provided.
Opportunities For Law's Intellectual History, Mark Fenster, John Henry Schlegel
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
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.
Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.
Buffalo Law Review
No abstract provided.
Organic Poise: Capitalism As Law, Christopher Tomlins
Organic Poise: Capitalism As Law, Christopher Tomlins
Buffalo Law Review
No abstract provided.
Writing The Social History Of Legal Doctrine, Cynthia Nicoletti
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
On Absences As Material For Intellectual Historical Study, John Henry Schlegel
Buffalo Law Review
No abstract provided.
Humbug: Toward A Legal History, Susanna Blumenthal
Humbug: Toward A Legal History, Susanna Blumenthal
Buffalo Law Review
No abstract provided.
Textiles: Popular Culture And The Law, Laura F. Edwards
Textiles: Popular Culture And The Law, Laura F. Edwards
Buffalo Law Review
No abstract provided.
Some Final Observations On Legal Intellectual History, Robert W. Gordon
Some Final Observations On Legal Intellectual History, Robert W. Gordon
Buffalo Law Review
No abstract provided.
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster
Buffalo Law Review
No abstract provided.
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Journal Articles
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
The Opinion Volume 48 Issue 1 – November 1, 2015, The Opinion
The Opinion Volume 48 Issue 1 – November 1, 2015, The Opinion
The Opinion Newspaper (all issues)
The Opinion newspaper issue dated November, 1, 2015
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Journal Articles
For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.
By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …
The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon
The Revolutionary War Prize Cases And The Origins Of Diversity Jurisdiction, Deirdre Mask, Paul Macmahon
Buffalo Law Review
No abstract provided.
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
What Is Criminal Law About?, Guyora Binder, Robert Weisberg
Journal Articles
In a recent critique, Jens Ohlin faults contemporary criminal law textbooks for emphasizing philosophy, history and social science at the expense of doctrinal training. In this response, we argue that the political importance of criminal law justifies including reflection about the justice of punishment in the professional education of lawyers. First, we argue that both understanding and evaluating criminal law doctrine requires consideration of political philosophy, legal history, and empirical research. Second, we argue that the indeterminacy of criminal law doctrine on some fundamental questions means that criminal lawyers often cannot avoid invoking normative theory in fashioning legal arguments. Finally, …
The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld
The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld
Journal Articles
No abstract provided.
A Fragment On Legal Innovation, Andrew Tutt
Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga
Dressing And Addressing The Kenyan Judiciary: Reflecting On The History And Politics Of Judicial Attire And Address, Willy Mutunga
Buffalo Human Rights Law Review
No abstract provided.
Democracy, Solidarity, And The Rule Of Law: Lessons From Athens, Paul Gowder
Democracy, Solidarity, And The Rule Of Law: Lessons From Athens, Paul Gowder
Buffalo Law Review
No abstract provided.