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Legal History Commons

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1997

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Institution
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Articles 1 - 30 of 49

Full-Text Articles in Legal History

Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie Dec 1997

Indigenous Law In North America In The Wake Of Conquest, James W. Zion, Robert Yazzie

Boston College International and Comparative Law Review

No abstract provided.


Equal Protection, Class Legislation, And Colorblindness, Melissa L. Saunders Nov 1997

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 Oct 1997

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 Oct 1997

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. Sep 1997

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 Sep 1997

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 Jul 1997

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 Jun 1997

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.


Slavery And The Arkansas Supreme Court, L. Scott Stafford Apr 1997

Slavery And The Arkansas Supreme Court, L. Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.


An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century, Marvin B. Becker Apr 1997

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 Apr 1997

Civil Society, Metaphysics, And Tolerance, David C. Williams

Indiana Law Journal

Symposium: Law and Civil Society


Individualism As Principle: Its Emergence, Institutionalization, And Contradictions, Political Philosophy, Adam B. Seligman Apr 1997

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 Apr 1997

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 Apr 1997

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


A Response To Marvin Becker, "An Essay On The Vicissitudes Of Civil Society With Special Reference To Scotland In The Eighteenth Century", Michael Grossberg Apr 1997

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


The Rhetorical Constitution Of "Civil Society" At The Founding: One Lawyer's Anxious Vision, Stephen A. Conrad Apr 1997

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


On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson Apr 1997

On Political Boundary Lines, Multiculturalism, And The Liberal State, Sanford Levinson

Indiana Law Journal

Symposium: Law and Civil Society


Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg Jan 1997

Methodological Interventions And The Slavery Cases; Or, Night-Thoughts Of A Legal Realist, Louise Weinberg

Maryland Law Review

No abstract provided.


Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray Jan 1997

Was The First Woman Hanged In North Carolina A "Battered Spouse?", Jeffrey P. Gray

Campbell Law Review

No abstract provided.


In Sisterhood, Lisa C. Ikemoto Jan 1997

In Sisterhood, Lisa C. Ikemoto

Michigan Journal of Race and Law

A review of Where Is Your Body? by Mari Matsuda


On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith Jan 1997

On Death And Dworkin: A Critique Of His Theory Of Inviolability, Richard Stith

Maryland Law Review

No abstract provided.


The Virulence Of The National Appetite For Bogus Revelation, Kermit L. Hall Jan 1997

The Virulence Of The National Appetite For Bogus Revelation, Kermit L. Hall

Maryland Law Review

No abstract provided.


Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen Jan 1997

Post-Verdict Interviews: The Key To Understanding The Decision Behind The Verdict, 30 J. Marshall L. Rev. 507 (1997), Christine J. Iversen

The John Marshall Law Review

No abstract provided.


Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan Jan 1997

Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan

The John Marshall Law Review

No abstract provided.


A Gospel Of Law, 30 J. Marshall L. Rev. 1039 (1997), Kevin L. Hopkins Jan 1997

A Gospel Of Law, 30 J. Marshall L. Rev. 1039 (1997), Kevin L. Hopkins

The John Marshall Law Review

No abstract provided.


"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine Jan 1997

"The Liberal Agenda": Biblical Values And The First Amendment, Burton Caine

Touro Law Review

No abstract provided.


Welfare Reform: An Historical Overview, Richard K. Caputo Jan 1997

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.


Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley Jan 1997

Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley

University of Richmond Law Review

The poor laws of the original thirteen states can best be described as reluctant public charity. Assistance was provided to some of the poor but, when provided, was strictly rationed to those local residents considered worthy of help. Visitors, strangers and nonresident poor people were not helped and were legally run out of town. Poor relief for the locals was frequently given in ways that were demeaning and destructive to families. Poor people were always expected to work, and even poor children were taken from their families by the authorities and apprenticed to others. Poor adults that could work were ...


Welfare Reform: An Historical Overview, Richard K. Caputo Jan 1997

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.


Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers Jan 1997

Suspending The Rule Of Law - Temporary Immunity As Violative Of Montesquieu's Republican Virtue As Embodied In George Washington, Joseph P. Rodgers

Cleveland State Law Review

This Note offers a somewhat unique perspective on the notion of clemency. This inquiry contemplates the merit of temporary immunity from civil suits for acts which eventuated outside the scope of one's official responsibilities and argues that such an unprecedented expansion of civil immunity is antithetical to Montesquieu's conception of public virtue as evinced in The Spirit of Laws. This Note also reflects on the iconic role of Washington at the Constitutional Convention as emblematic of quintessential republican virtue. Part II briefly traces the evolution of absolute, qualified, and temporary immunity from an historical perspective. Part III acclimates ...