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Articles 1 - 10 of 10

Full-Text Articles in Legal History

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak Sep 1997

The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak

Mary L. Dudziak

When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated ...


The Origin Of The Appeal In America, Mary Sarah Bilder Jul 1997

The Origin Of The Appeal In America, Mary Sarah Bilder

Boston College Law School Faculty Papers

The appeal has been treated by academics as a mere legal procedure, possessing no particular significance. Indeed, for many years, legal scholars accepted the influential arguments of Professors Julius Goebel and Roscoe Pound that the appearance of the appeal in early American courts arose either from confusion about English common law legal procedures or was the result of colonial adaptation of English justice-of-the-peace practices. Professor Bilder challenges this conventional explanation of the origin of the appeal by locating the early American colonists within a transatlantic Western European legal culture. Professor Bilder's Article draws on recent work in cultural history ...


The Student View Of Yale Law School 1883-1912: The Shingle, Maureen J. Arrigo Mar 1997

The Student View Of Yale Law School 1883-1912: The Shingle, Maureen J. Arrigo

Student Legal History Papers

During one twenty-year period, the graduating students of Yale Law School published books in which their views of the school (and to a small extent the faculty's views as well) were captured. This series of books - The Yale Shingle - was published from 1893 to 1912.

My goal in writing this paper is profile student life at Yale as reports in the Shingle. Its life spanned an important time in the school's history - a time of significant change.


The Virginia Law Reporters Before 1880, William Hamilton Bryson Jan 1997

The Virginia Law Reporters Before 1880, William Hamilton Bryson

Law Faculty Publications

Who or what was meant by Gratt., Hen. & M., Gilm., and the other references to the older Virginia legal authorities? A cursory investigation revealed that the eighteenth- and nineteenth-century law reporters, whose reports bear their own names, include in their number men of the highest political and legal visibility, such as Thomas Jefferson and George Wythe, as well as persons who are very little known. This series of biographical sketches of the Virginia law reporters whose publications are cited by their own names, is organized according to the older custom. This volume brings together through their common interest in law ...


The Law Reports Of J. Singleton Diggs Of Lynchburg, Virginia, William Hamilton Bryson Jan 1997

The Law Reports Of J. Singleton Diggs Of Lynchburg, Virginia, William Hamilton Bryson

Law Faculty Publications

John Singleton Diggs practiced law in Lynchburg, and he served in the Senate of Virginia representing the City of Lynchburg and Campbell County from 1881 to 1887. He was then judge of the Corporation Court of the City of Lynchburg from 1888 to 1895. After that, he returned to the practice of law in Lynchburg. The first edition of Decisions of Judge J. Singleton Diggs of Corporation Court of Lynchburg, Va., was published without any mention of place or date of publication or of publisher or printer. The original edition of these five cases was 49 pages. It is now ...


Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds Jan 1997

Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds

David B Kopel

In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce ...


The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 1997

The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such ...


Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe Jan 1997

Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe

Boston College Law School Faculty Papers

The primary aim of this article is to place the late twentieth century Transracial Adoption (TRA) of African-American children accurately within the context of the child welfare system milieu out of which it emerged. It also endeavors to provide thoughtful scholars and child advocates a new lens with which to assess the past purpose, function, and efficacy of TRA. The author hopes that through these considerations more careful regulation and monitoring of future TRA placements will emerge, which will both protect the interests of the African-American adoptee and respect the African-American community.


The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater Jan 1997

The Embattled Social Utilities Of The Endangered Species Act - A Noah Presumption And Caution Against Putting Gasmasks On The Canaries In The Coalmine, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The Endangered Species Act (ESA) is once again poised at the brink of what could become an illuminating national debate. The Act’s congressional reauthorization process is likely to provide the first major indicator of what the 105th Congress will or won’t do to environmental law generally. From the turbulent past and present of the ESA, this essay offers some reminders for the impending battles over the Act.


The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti Jan 1997

The Misuse Of Tax Incentives To Align Management-Shareholder Interests, James R. Repetti

Boston College Law School Faculty Papers

The U.S. tax system contains many provisions which are intended to align management of large publicly traded companies more closely to stockholders. This article shows that many of the tax provisions that have been adopted are of questionable effectiveness because they fail to address the complexities of stockholder-management relations in attempting to motivate management to act in the best interests of stockholders. The article proposes that rather than Congress attempting to identify the best way that it can use the tax system to motivate management, Congress should eliminate tax provisions which subsidize management's inefficiencies in order to encourage ...