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Articles 1 - 30 of 144
Full-Text Articles in Legal History
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
'Dred Scott V. Sandford' Analysis, Sarah E. Roessler
Student Publications
The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.
Can America Govern Itself?: Deficits, Debt, And Delay, Ron Haskins
Can America Govern Itself?: Deficits, Debt, And Delay, Ron Haskins
Brookings Scholar Lecture Series
America has now been in the throes of a deficit and debt crisis for nearly a decade. Over the last three years, the federal government has tied itself in knots trying to reach a long-term solution. Any effective solution will involve tax increases and entitlement cuts. But both parties have been unwilling to openly bargain about either the tax increases or spending cuts they are willing to consider as part of a grand bargain. Why are both parties being so intransigent? What are the prospects for a grand bargain and what might it look like? What are the consequences if …
Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman
Overcoming Legislative Gridlock In The U.S. Congress: How Procedural Rules Affect Legislative Obstructionism, Molly Jackman
Brookings Scholar Lecture Series
More than 90 percent of bills introduced in the U.S. House never make it to a floor vote, and far fewer are enacted into law. Since legislative gridlock is much more common than legislative action, in order to understand policy outcomes, it is critical to know why bills are obstructed. Gridlock occurs when a legislator (or group of legislators) wants to block a bill, and has the procedural right to do so. Using new data on the procedural rules in the U.S. states, this presentation will identify the chambers in which legislators can block bills from the legislative agenda. Then, …
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Review Of Prigg V. Pennsylvania: Slavery, The Supreme Court, And The Ambivalent Constitution, Susan David Demaine
Articles by Maurer Faculty
In 1842, the Supreme Court issued a landmark decision in Prigg v. Pennsylvania, resolving a dispute about fugitive slave rendition that had raged between the states for decades. H. Robert Baker’s analysis of the decision and the events that led up to it is the first book-length work to investigate Prigg and its place in American history. Baker traces the development of fugitive slave laws and recounts the heart-wrenching story that lies behind Prigg to shed light on the Supreme Court’s decision and the gradual clarification of American federalism.
Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle
Happy Anniversary To The Cplr: A Joint Achievement Of The Practicing Bar And The Academy, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
This September, we celebrated the 50th anniversary of the Civil Practice Law and Rules of New York State. The CPLR was the handiwork of the Advisory Committee on Practice and Procedure, appointed in 1955 by the New York State Temporary Commission on the Courts. Under the leadership of the Committee's reporter, then Columbia Law School Professor Jack B. Weinstein, the Committee members, which included former New York State Bar Association presidents Jackson Dykman and S. Hazard Gillespie, spent five years overhauling, revising and reforming the Civil Practice Act of 1920. This remarkable joint venture between the practicing bar and the …
Coase, Herbert J. Hovenkamp
Coase, Herbert J. Hovenkamp
All Faculty Scholarship
This brief essay considers the career, contributions, and influence of Ronald Coase, who passed away in September, 2013. Comments are welcome.
Which Road To The Past? - Some Reflections On Legal History, Andrew B.L. Phang
Which Road To The Past? - Some Reflections On Legal History, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
It is not customary to commence a keynote address with caveats and disclaimers. However, this is the rare occasion when such qualifications are necessary because—if I may be permitted a crude pun—of the lack of qualifications of the speaker himself. This is not false modesty. It is very real. I know that I have often been referred to in the Singapore context as a legal historian.
Reclaiming The Equitable Heritage Of Habeas, Erica J. Hashimoto
Reclaiming The Equitable Heritage Of Habeas, Erica J. Hashimoto
Scholarly Works
Equity runs through the law of habeas corpus. Throughout the seventeenth and eighteenth centuries, prisoners in England sought the Great Writ primarily from a common law court — the Court of King’s Bench — but that court’s exercise of power to issue the writ was built around equitable principles. Against this backdrop, it is hardly surprising that modern-day habeas law draws deeply on traditional equitable considerations. Criticism of current habeas doctrine centers on the risk that its rules — and particularly the five gatekeeping doctrines that preclude consideration of claims — produce unfair results. But in fact four of these …
2013 Distinguished Service Award Ceremony Program
2013 Distinguished Service Award Ceremony Program
Distinguished Service Awards
No abstract provided.
Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power
Legal History Seminar: Leading Maryland Cases, Edward C. Papenfuse, Garrett Power
Faculty Scholarship
For the past decade, we have collaborated in presenting "Legal History Seminar: Leading Maryland Cases" at the University of Maryland Francis King Carey School of Law. In recent years, the seminar has paid particular attention to legal cases and controversies arising in Baltimore, Maryland - a city rich with historic tumult and beset with urban problems. The 2010 offering considered the city's environmental controversies; the 2011 offering addressed the administration of justice in Baltimore during the Civil War; and the 2012 offering looked at Baltimore in the War of 1812.
While the focus of the seminar has changed from year …
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
North Carolina's Bold Model For Eugenics Compensation, Peter Hardin, Paul Lombardo
Faculty Publications By Year
No abstract provided.
'In The Time Of A Woman, Which Sex Was Not Capable Of Mature Deliberation': Late Tudor Parliamentary Relations And Their Early Stuart Discontents, Josh Chafetz
Cornell Law Faculty Publications
The English Civil War is one of the seminal events in Anglo-American constitutional history. Oceans of ink have been spilled in debating its causes, and historians have pointed to a number of salient divisions along economic, social, political, and religious lines. But a related, and equally important, question has gone largely ignored: what allowed the House of Commons, for the first time in English history, to play the lead role in opposing the Crown? How did the lower house of Parliament develop the constitutional self-confidence that would allow it to organize the rebellion against Charles I?
This Article argues that …
Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey
Justice John Marshall Harlan: Professor Of Law, Brian L. Frye, Josh Blackman, Michael Mccloskey
Law Faculty Scholarly Articles
From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which became the George Washington University School of Law. For two decades, he primarily taught working-class evening students in classes as diverse as property, torts, conflicts of law, jurisprudence, domestic relations, commercial law, evidence-and most significantly-constitutional law.
Harlan's lectures on constitutional law would have been lost to history, but for the enterprising initiative-and remarkable note-taking-of one of Harlan's students, George Johannes. During the 1897-98 academic year, George Johannes and a classmate transcribed verbatim the twenty-seven …
Women's Rights On The Right: The History And Stakes Of Modern Pro-Life Feminism, 1968 To The Present, Mary Ziegler
Women's Rights On The Right: The History And Stakes Of Modern Pro-Life Feminism, 1968 To The Present, Mary Ziegler
Scholarly Publications
Recently, pro-life advocates have popularized claims that abortion harms rather than helps women. The best known of these arguments are the woman-protective arguments—contentions, such as those endorsed in Gonzales v. Carhart, justifying abortion restrictions on the basis of the physical or psychological harms supposedly produced by the procedure. Woman-protective claims, however, represent only one part of a much larger strategy that this Article calls pro-life feminism. The Article follows pro-life activists’ use of the term “feminist” or “feminism.” As the Article makes clear, activists on competing sides of the abortion issue have contested the meaning of “true” feminism. Taking …
Justice John Marshall Harlan: Lectures On Constitutional Law, 1897-98, Brian L. Frye, Josh Blackman, Michael Mccloskey
Justice John Marshall Harlan: Lectures On Constitutional Law, 1897-98, Brian L. Frye, Josh Blackman, Michael Mccloskey
Law Faculty Scholarly Articles
From 1889 to 1910, while serving on the United States Supreme Court, the first Justice John Marshall Harlan taught at the Columbian College of Law, which later became The George Washington School of Law. During the 1897–1898 academic year, one of Harlan’s students, George Johannes, along with a classmate, transcribed verbatim the twenty-seven lectures Justice Harlan delivered on constitutional law. In 1955, Johannes sent his copy of the transcripts to the second Justice Harlan, who eventually deposited them in the Library of Congress.
To create this annotated transcript of Justice Harlan’s lectures, Professor Frye purchased a microfilm copy of Johannes’s …
Law And The Creation Of Meaning: A Brief Reflection On The Work Of Jane Larson, Gerald Torres
Law And The Creation Of Meaning: A Brief Reflection On The Work Of Jane Larson, Gerald Torres
Cornell Law Faculty Publications
No abstract provided.
Contested Meanings Of Freedom: Workingmen's Wages, The Company Store System, And The Godcharles V. Wigeman Decision, Laura Phillips Sawyer
Contested Meanings Of Freedom: Workingmen's Wages, The Company Store System, And The Godcharles V. Wigeman Decision, Laura Phillips Sawyer
Scholarly Works
In 1886, the Pennsylvania Supreme Court struck down a law that prohibited employers from paying wages in company store scrip and mandated monthly wage payments. The court held that the legislature could not prescribe mandatory wage contracts for legally competent workingmen. The decision quashed over two decades of efforts to end the “truck system.” Although legislators had agreed that wage payments redeemable only in company store goods appeared antithetical to the free labor wage system, two obstacles complicated legislative action. Any law meant to enhance laborers’ rights could neither favor one class over another nor infringe any workingman’s ability to …
How Nfib V. Sebelius Affects The Constitutional Gestalt, Lawrence B. Solum
How Nfib V. Sebelius Affects The Constitutional Gestalt, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
The thesis of this essay is that the most important legal effects of the Supreme Court's decision in NFIB v. Sebelius are likely to be indirect. Sebelius marks a possible shift in what we can call the “constitutional gestalt” regarding the meaning and implications of the so-called “New Deal Settlement.” Before Sebelius, the consensus understanding was that New Deal and Warren Court cases had established a constitutional regime of plenary and virtually unlimited national legislative power under the Commerce Clause (which might be subject to narrow and limited carve outs protective of the core of state sovereignty).
After Sebelius …
Slow Violence, Law, And History, Doug Hay
Slow Violence, Law, And History, Doug Hay
All Papers
I read Rob Nixon’s engrossing and appalling book from the perspective of an historian who works on law. It opened to me an immense range of scholarship and activism of which I was only tangentially aware. But it also has themes that resonated, on almost every page, with things I study. Law certainly appears in the book. Here I want here to emphasize its importance to his argument, and to widen the discussion of chronologies.
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is …
Fifty Years Before Brady, Colin Starger
Fifty Years Before Brady, Colin Starger
All Faculty Scholarship
In marking the fiftieth anniversary of Brady v. Maryland, a fitting way to appreciate the historic significance of Justice Douglas’ opinion for the Court is to turn back the pages another fifty years. Brady’s profound contribution to our criminal justice system becomes apparent by considering the impoverished state of the Supreme Court’s due process doctrine as it stood a century ago. In the fifty years that led up to Brady, the Court confronted a series of racially and politically charged cases that forced constitutional soul searching about due process in the face of rank injustice. The story of the Court’s …
Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar
Forensic Bibliography: Reconstructing The Library Of George Wythe, Linda K. Tesar
Library Staff Publications
No abstract provided.
Keeping Up With New Legal Titles, Franklin L. Runge
Keeping Up With New Legal Titles, Franklin L. Runge
Law Faculty Scholarly Articles
In this book review, Franklin L. Runge discusses The Treason Trial of Aaron Burr: Law, Politics, and the Character Wars of the New Nation by R. Kent Newmyer.
The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas
The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas
Faculty Publications
The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures at George Washington Law School of …
The Law's Mystery, Linda L. Berger, Jack L. Sammons
The Law's Mystery, Linda L. Berger, Jack L. Sammons
Scholarly Works
What is the continuing significance of Cohen v. California, the 1971 U.S. Supreme Court decision holding that “Fuck the Draft” is a message protected by the First Amendment? Using Cohen as an exemplar, this article offers a new theory about how to understand the law and judicial opinions.
The theory begins in a recognition of the “law” as resting upon mystery and uncertainty, a mystery that is also the source of the law’s enchantment. It is this enchantment that we depend upon for the law to be authoritative rather than authoritarian and reducible to the political and thus to …
The Wires Go To War: The U.S. Experiment With Government Ownership Of The Telephone System During World War I, Michael A. Janson, Christopher S. Yoo
The Wires Go To War: The U.S. Experiment With Government Ownership Of The Telephone System During World War I, Michael A. Janson, Christopher S. Yoo
All Faculty Scholarship
One of the most distinctive characteristics of the U.S. telephone system is that it has always been privately owned, in stark contrast to the pattern of government ownership followed by virtually every other nation. What is not widely known is how close the United States came to falling in line with the rest of the world. For the one-year period following July 31, 1918, the exigencies of World War I led the federal government to take over the U.S. telephone system. A close examination of this episode sheds new light into a number of current policy issues. The history confirms …
A Phenomenological Exploration Of Black Male Law Enforcement Officers' Perspectives Of Racial Profiling And Their Law Enforcement Career Exploration And Commitment, Gregory A. Salters
A Phenomenological Exploration Of Black Male Law Enforcement Officers' Perspectives Of Racial Profiling And Their Law Enforcement Career Exploration And Commitment, Gregory A. Salters
FIU Electronic Theses and Dissertations
This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201).
Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis …
Construction And Constraint: Discussion Of Living Originalism, Lawrence B. Solum
Construction And Constraint: Discussion Of Living Originalism, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
Jack Balkin's Living Originalism raises many important questions about contemporary constitutional theory. Can and should liberals and progressives embrace originalism? Can the New Deal expansion of national legislative power be given originalist foundations? Is there a plausible originalist case for a right to reproductive autonomy and hence for the Court's decision in Roe v. Wade? Is the fact of theoretical disagreement among originalists evidence for the thesis that the originalist project is in disarray?
Rabban's Law's History, Herbert J. Hovenkamp
Rabban's Law's History, Herbert J. Hovenkamp
All Faculty Scholarship
This is a brief review of David Rabban's new book: Law's History: American Legal Thought and the Transatlantic Turn to History (Cambridge, 2013).
Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein
Why 'Nonexistent People' Do Not Have Zero Well-Being But No Well-Being At All, Ori J. Herstein
Cornell Law Faculty Publications
Some believe that the harm or benefit of existence is assessed by comparing a person’s actual state of well-being with the level of well-being they would have had had they never existed. This approach relies on ascribing a state or level of well-being to “nonexistent people,” which seems a peculiar practice: how can we attribute well-being to a “nonexistent person”? To explain away this oddity, some have argued that because no properties of well-being can be attributed to “nonexistent people” such people may be ascribed a neutral or zero level of well-being, setting the baseline for comparatively assessing the harm …