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Articles 1 - 30 of 53
Full-Text Articles in Legal History
From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman
From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman
Vanderbilt Law Review
What distinguished premodern from modern American jurisprudence? Whereas most commentators agree that the transition from premodernism to modernism occurred around the Civil War,' recent writings reveal dissension regarding the nature of antebellum and postbellum jurisprudence. In a wonderfully detailed study of Christopher Columbus Langdell, his jurisprudence, and his case method of teaching, William P. LaPiana argues that a defining feature of Langdell's postbellum legal science was a positivism that contrasted with a natural law orientation characteristic of the earlier antebellum jurisprudence. In a provocative critical essay, Robert W. Gordon argues to the contrary: LaPiana's emphasis on natural law during the …
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders
Michigan Law Review
Scholars and judges have long assumed that the Equal Protection Clause is concerned only with state action that has the effect of singling out certain persons or groups of persons for special benefits or burdens. Under the traditional doctrinal framework, state action that has this purpose and effect bears a certain burden of justification under the clause, a burden whose stringency varies, depending on the criteria used to define the class being singled out for special treatment and the importance of the interest affected. But state action that lacks such a "discriminatory effect" is not, on the traditional understanding, subject …
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Civil Liberty And The Civil War: The Indianapolis Treason Trials, William Rehnquist
Indiana Law Journal
No abstract provided.
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Ronald Dworkin's The Moral Reading Of The Constitution: A Critique, Raoul Berger
Indiana Law Journal
No abstract provided.
Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr.
Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr.
West Virginia Law Review
No abstract provided.
Introduction To Volume 100 Of The West Virginia Law Review, John W. Fisher Ii
Introduction To Volume 100 Of The West Virginia Law Review, John W. Fisher Ii
West Virginia Law Review
No abstract provided.
Jack Rakove's Rendition Of Original Meaning, Raoul Berger
Jack Rakove's Rendition Of Original Meaning, Raoul Berger
Indiana Law Journal
No abstract provided.
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Parental Law, Harmful Speech, And The Development Of Legal Culture: Russian Judicial Chamber Discourse And Narrative, Frances H. Foster
Washington and Lee Law Review
No abstract provided.
On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson
On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson
Indiana Law Journal
Symposium: Law and Civil Society
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker
Indiana Law Journal
Symposium: Law and Civil Society
Civil Society, Metaphysics, And Tolerance, David C. Williams
Civil Society, Metaphysics, And Tolerance, David C. Williams
Indiana Law Journal
Symposium: Law and Civil Society
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg
Indiana Law Journal
Symposium: Law and Civil Society
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman
Indiana Law Journal
Symposium: Law and Civil Society
Civil Society And The American Foundings, Jack P. Greene
Civil Society And The American Foundings, Jack P. Greene
Indiana Law Journal
No abstract provided.
The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer
The Draw And Drawbacks Of Religious Enclaves In A Constitutional Democracy: Hasidic Public Schools In Kiryas Joel, Judith Lynn Failer
Indiana Law Journal
Symposium: Law and Civil Society
Slavery And The Arkansas Supreme Court, L. Scott Stafford
Slavery And The Arkansas Supreme Court, L. Scott Stafford
University of Arkansas at Little Rock Law Review
No abstract provided.
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad
Indiana Law Journal
Symposium: Law and Civil Society
Canadian State Trials, Vol. 1, Michael Boudreau
Canadian State Trials, Vol. 1, Michael Boudreau
Dalhousie Law Journal
In a letter to Deputy Judge Advocate Charles Gould, dated 10 April 1762, General Thomas Gage, Commander-in-Chief of British forces in North America, wrote with regard to the proceedings of the general courts martial in Montreal that "it is a Maxim held by all Civilians That no government can subsist without Law." Over half a century later in Bay Roberts, Newfoundland, William Elenes filed an affidavit with the Harbour Grace Sessions Court alleging that a group of men stole some potatoes from his house. "Late in March of [ 1817]," the statement read, "John McGrath with a gun and two …
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Dalhousie Law Journal
This collection of essays edited by Carol Wilton' chronicles the changing character of Canadian law firms from the "golden age" of the sole practitioner in the nineteenth century to the mega-firms of the late twentieth. Most of the essays describe the changing profession through a case study of a single lawyer or firm, and Wilton has collected a representative sample of firms from across the country. Some of the firms remained small or disappeared, while others grew into full-service corporate commercial law firms of several hundred lawyers. Most of the essays focus on the personalities of the lawyers involved, their …
The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman
The Devil And The One Drop Rule: Racial Categories, African Americans, And The U.S. Census, Christine B. Hickman
Michigan Law Review
For generations, the boundaries of the African-American race have been formed by a rule, informally known as the "one drop rule," which, in its colloquial definition, provides that one drop of Black blood makes a person Black. In more formal, sociological circles, the rule is known as a form of "hypodescent" and its meaning remains basically the same: anyone with a known Black ancestor is considered Black. Over the generations, this rule has not only shaped countless lives, it has created the African-American race as we know it today, and it has defined not just the history of this race …
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Lynching Ethics: Toward A Theory Of Racialized Defenses, Anthony V. Alfieri
Michigan Law Review
So much depends upon a rope in Mobile, Alabama. To hang Michael Donald, Henry Hays and James "Tiger" Knowles tied up "a piece of nylon rope about twenty feet long, yellow nylon." They borrowed the rope from Frank Cox, Hays's brother-in-law. Cox "went out in the back" of his mother's "boatshed, or something like that, maybe it was in the lodge." He "got a rope," climbed into the front seat of Hays's Buick Wildcat, and handed it to Knowles sitting in the back seat. So much depends upon a noose. Knowles "made a hangman's noose out of the rope," thirteen …
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray
Campbell Law Review
No abstract provided.
Welfare Reform: An Historical Overview, Richard K. Caputo
Welfare Reform: An Historical Overview, Richard K. Caputo
Richmond Journal of Law and the Public Interest
This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
Welfare Reform: An Historical Overview, Richard K. Caputo
Welfare Reform: An Historical Overview, Richard K. Caputo
Richmond Public Interest Law Review
This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.
Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler
Race-Based Jury Nullification: Case-In-Chief, 30 J. Marshall L. Rev. 911 (1997), Paul D. Butler
UIC Law Review
No abstract provided.
The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur
The Death Penalty And The Decline Of Liberalism, 30 J. Marshall L. Rev. 321 (1997), John R. Macarthur
UIC Law Review
No abstract provided.
Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker
Reflections On A Quarter-Century Of Constitutional Regulation Of Capital Punishment, 30 J. Marshall L. Rev. 399 (1997), Joseph Bessetre, Stephen Bright, George Kendall, William Kunkle, Carol Steiker, Jordan Steiker
UIC Law Review
No abstract provided.
Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat
Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat
UIC Law Review
No abstract provided.
The Unidroit Principles, 30 J. Marshall L. Rev. 761 (1997), Ann Lousin
The Unidroit Principles, 30 J. Marshall L. Rev. 761 (1997), Ann Lousin
UIC Law Review
No abstract provided.