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Articles 1 - 10 of 10
Full-Text Articles in Legal History
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
The Future Of International Law Is Domestic (Or, The European Way Of Law), William W. Burke-White, Anne-Marie Slaughter
All Faculty Scholarship
No abstract provided.
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry
Hart On Social Rules And The Foundations Of Law: Liberating The Internal Point Of View, Stephen R. Perry
All Faculty Scholarship
No abstract provided.
Preempting The People: The Judicial Role In Regulatory Concurrency And Its Implications For Popular Lawmaking, Theodore Ruger
Preempting The People: The Judicial Role In Regulatory Concurrency And Its Implications For Popular Lawmaking, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick
Preemption In The Rehnquist Court: A Preliminary Empirical Assessment, Michael S. Greve, Jonathan Klick
All Faculty Scholarship
The federal preemption of state law has emerged as a prominent field of study for legal scholars and political scientists. This rise to prominence of a technical and often dull field of jurisprudence is due to a number of developments-increasingly frequent federal statutory preemptions; the states' unprecedented aggressiveness in regulating business transactions, the expansion of corporate liability under state common law and the increased resort of corporate defendants to federal preemption defenses; and, not least, the Rehnquist Court's discovery of federalism and states' rights.
Unfortunately, the preemption debate has been marred by misperceptions and a lack of reliable data. Extravagant …
Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii
Forget The Fundamentals: Fixing Substantive Due Process, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
"A Teaching, Suggestion, Or Motivation To Combine": Bringing Structure And Clarity To The Obviousness Analysis, R. Polk Wagner
"A Teaching, Suggestion, Or Motivation To Combine": Bringing Structure And Clarity To The Obviousness Analysis, R. Polk Wagner
All Faculty Scholarship
No abstract provided.
Aspiration And Underenforcement, Kermit Roosevelt Iii
Aspiration And Underenforcement, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
The Chief Justice's Special Authority And The Norms Of Judicial Power, Theodore Ruger
The Chief Justice's Special Authority And The Norms Of Judicial Power, Theodore Ruger
All Faculty Scholarship
No abstract provided.
Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz
Race And Gender In The Law Review, Cynthia Grant Bowman, Dorothy E. Roberts, Leonard S. Rubinowitz
All Faculty Scholarship
No abstract provided.
The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri
The Strange Career Of Jane Crow: Sex Segregation And The Transformation Of Anti-Discrimination Discourse, Serena Mayeri
All Faculty Scholarship
This article examines the causes and consequences of a transformation in anti-discrimination discourse between 1970 and 1977 that shapes our constitutional landscape to this day. Fears of cross-racial intimacy leading to interracial marriage galvanized many white Southerners to oppose school desegregation in the 1950s and 1960s. In the wake of Brown v. Board of Education, some commentators, politicians, and ordinary citizens proposed a solution: segregate the newly integrated schools by sex. When court-ordered desegregation became a reality in the late 1960s, a smattering of southern school districts implemented sex separation plans. As late as 1969, no one saw sex-segregated schools …