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Articles 1 - 10 of 10
Full-Text Articles in Legal History
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
From Marbury V. Madison To Bush V. Gore: 200 Years Of Judicial Review In The United States, Stephen R. Alton
Faculty Scholarship
This Lecture consists of three parts. In the first part, I will lay out the background behind judicial review in the United States - the history, the theory, and the constitutional structure. In the second part of this Lecture, I will discuss some of the major United States Supreme Court cases that established and developed the doctrine of judicial review. In the third, and final, part, I will present the recent case of Bush v. Gore as an example of the major points that have been developed earlier. Finally, I will conclude with some general observations about judicial review and …
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Incest In A Thousdand Acres: Cheap Trick Or Feminist Re-Vision, Susan Ayres
Faculty Scholarship
This article ultimately argues that the plot changes are not a cheap trick intended to manipulate the reader's emotions, but a feminist re-vision, which succeeds or not depending on the reader's critical feminist perspective. Thus, Part Two delineates several feminist stances, such as liberal feminism, radical feminism, social feminism, and postmodern feminism, and summarizes the plot changes Smiley has imposed on King Lear. Part Three considers one major plot change - the longing for the mother - in terms of patriarchy's suppression of a maternal genealogy and feminine language. This part argues that the novel successfully demonstrates the difficulty in …
"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman
"Rights Revolutions And Counter-Revolutions" Book Note, Jed Handelsman Shugerman
Faculty Scholarship
The rise of rights talk is a subject that has gripped academia in recent years. Many historians of modem America are now searching for the origins of the rights revolution and the feverish use of rights arguments on the left and on the right. Two recent works of legal history tackle one part of this question with trailblazing interpretations, focusing on left-wing rights discourse and the successes of the civil rights movement. Both books offer compelling and well-written narratives of post-war legal issues, and they present innovative arguments that this revolution began in response to global crises.1 Richard Primus's …
Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon
Religion And The First Justice Harlan: A Case Study In Late Nineteenth Century Presbyterian Constitutionalism, James W. Gordon
Faculty Scholarship
In this Article, the Author argues that Harlan's religion and its values informed both his personal and his public life. Harlan's close personal friend, Justice Brewer, once commented on Harlan's personal attachment to the two "fundamental" documents in his life: the Bible and the Constitution. Justice Brewer suggested that Harlan had one hand on the Bible, and the other hand on the Constitution when he went to bed every night. Although it is widely known that Harlan was a religious man, only recently has any scholar paid much attention to this fact. No one has fully described the principles of …
Irish Legal History: An Overview And Guide To The Sources, Janet Sinder
Irish Legal History: An Overview And Guide To The Sources, Janet Sinder
Faculty Scholarship
No abstract provided.
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Rulemaking's Promise: Administrative Law And Legal Culture In The 1960s And 1970s, Reuel E. Schiller
Rulemaking's Promise: Administrative Law And Legal Culture In The 1960s And 1970s, Reuel E. Schiller
Faculty Scholarship
No abstract provided.
Lawyer And Public Service, The Historical Perspectives On Pro Bono Lawyering, Russell G. Pearce
Lawyer And Public Service, The Historical Perspectives On Pro Bono Lawyering, Russell G. Pearce
Faculty Scholarship
Historically, the first way of viewing the lawyer's role was as a member of America's governing class. Second came cause lawyering on behalf of a particular issue. Third, and most recently, arose the idea of pro bono lawyering, a less ambitious incarnation of the governing class lawyer who contributes time to helping cause lawyers. These categories are not rigid: for each individual they may overlap to one degree or another. This framework is preliminary and requires further research and development. Nonetheless, it provides a useful tool for explaining how lawyers-and in particular the heroic lawyers described in this symposium-connect to …
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
From Reconstruction To Deconstruction: Undermining Black Landownership, Political Independence, And Community Through Partition Sales Of Tenancies In Common, Thomas W. Mitchell
Faculty Scholarship
This article considers one of the primary ways in which African Americans have lost millions of acres of land that they were able to acquire in the latter part of the nineteenth century and the beginning part of the twentieth century and the sociopolitical implications of this land loss. Specifically, this article highlights the fact that forced partition sales of tenancy in common property, referred to more commonly as heirs' property, have been a major source of black land loss within the African American community. The article argues that involuntary black land loss has had a significant negative impact upon …
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Attorney General Taney & The South Carolina Police Bill, H. Jefferson Powell
Faculty Scholarship
No abstract provided.