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Full-Text Articles in Legal History
Without Representation, No Taxation: Free Blacks, Taxes, And Tax Exemptions Between The Revolutionary And Civil Wars, Christopher J. Bryant
Without Representation, No Taxation: Free Blacks, Taxes, And Tax Exemptions Between The Revolutionary And Civil Wars, Christopher J. Bryant
Michigan Journal of Race and Law
This Essay is the first general survey of the taxation of free Blacks in free and slave states between the Revolutionary and Civil Wars. A few states treated all equally for tax purposes, but most states enacted taxation systems that subjected free Blacks to different requirements. Both free and slave states viewed free Blacks as an undesirable population, and this Essay posits that—within the relevant political constraints—states used taxes and tax exemptions to dissuade free Black immigration and limit the opportunities for free Blacks within their borders. This topic is salient for at least two reasons. First, the Essay sheds …
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
An Incomplete Revolution: Feminists And The Legacy Of Marital-Property Reform, Mary Ziegler
Michigan Journal of Gender & Law
As this Article shows, the conventional historical narrative of the divorce revolution is not so much incorrect as incomplete. Histories of the divorce revolution have focused disproportionately on the introduction of no-fault rules and have correctly concluded that women's groups did not play a central role in the introduction of such laws. However, work on divorce law has not adequately addressed the history of marital-property reform or engaged with scholarship on the struggle for the Equal Rights Amendment to the federal Constitution. Putting these two bodies of work in dialogue with one another, the Article provides the first comprehensive history …
Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters
Mohegan Indians V. Connecticut (1705-1773) And The Legal Status Of Aboriginal Customary Laws And Government In British North America, Mark D. Walters
Osgoode Hall Law Journal
This article examines the eighteenth century case of Mohegan Indians v. Connecticut in order to determine its significance for arguments about the legal status of Aboriginal customary law and government in British North America. The article concludes that the Mohegan case confirms that in certain circumstances native nations on reserved lands in British colonies were subject, not to colonial jurisdictions established for settlers, but to their own traditional customs and institutions. It also concludes that the case is less clear than some recent commentators have suggested about whether British law recognized such nations as having rights of sovereignty.
Law And Disputing In Commercializing Early America, Cornelia Dayton
Law And Disputing In Commercializing Early America, Cornelia Dayton
Michigan Law Review
A Review of Neighbors and Strangers: Law and Community in Early Connecticut by Bruce H. Mann