Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

2002

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 130

Full-Text Articles in Legal History

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday Dec 2002

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Michigan Law Review

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the ...


Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan Nov 2002

Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.


Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler Oct 2002

Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.


The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades Oct 2002

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.


A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett Oct 2002

A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett

Buffalo Law Review

No abstract provided.


Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy Oct 2002

Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy

The Journal of Appellate Practice and Process

No abstract provided.


Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise Oct 2002

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Cornell Law Faculty Publications

By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits and costs flowing ...


Legal Orientalism, Teemu Ruskola Oct 2002

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ...


Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser Oct 2002

Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser

Buffalo Law Review

No abstract provided.


Important Lessons From History, Wendy Brown-Scott Sep 2002

Important Lessons From History, Wendy Brown-Scott

Buffalo Human Rights Law Review

Book review of Mark Curriden & Leroy Phillips, Jr.'s Contempt of Court: The Turn-Of-The_Century Lynching That Launched A hundred Years Of Federalism


Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna Sep 2002

Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna

Buffalo Human Rights Law Review

No abstract provided.


Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr. Aug 2002

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were ...


The Supreme Court's Historical Errors In City Of Boerne V Flores, Ruth Colker Jul 2002

The Supreme Court's Historical Errors In City Of Boerne V Flores, Ruth Colker

Boston College Law Review

This Article addresses the quality of the Supreme Court's historical argument in interpreting Section Five of the Fourteenth Amendment in the 1997 case City of Boerne v. Flores. The Boerne Court referred to three historical moments relevant to understanding the meaning of Section Five. Namely, Congress's consideration of an early version of the Fourteenth Amendment in late 1865 and early 1866, the congressional debate on the Fourteenth Amendment from April to June of 1866, and the discussion of the Ku Klux Klan Act in 1871. Ultimately, the Court made several fundamental errors in discussing the history of the ...


The Rhetoric Of Legal Backfire, Robert A. Hillman Jul 2002

The Rhetoric Of Legal Backfire, Robert A. Hillman

Boston College Law Review

This Article focuses on legal backfire claims. A claim of legal backfire constitutes the position that a law produces or will produce results directly contrary to one or more of those intended. Legal backfire claims are pervasive, yet potentially misleading and harmful argumentation used primarily to undermine existing law (or policy) or to forestall the enactment of new law. This Article analyzes many examples of legal backfire to suggest that the concept is often a rhetorical strategy for opposing the promulgation of new law or policy or for attempting to have existing law rolled back, and that actual legal backfires ...


It's Time To Federalize Corporate Charters, Kent Greenfield Jun 2002

It's Time To Federalize Corporate Charters, Kent Greenfield

Kent Greenfield

No abstract provided.


Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins Jun 2002

Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins

University of Michigan Journal of Law Reform

In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense ...


Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham Jun 2002

Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham

Nevada Law Journal

No abstract provided.


Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel Jun 2002

Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn Jun 2002

Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn

Nevada Law Journal

No abstract provided.


The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii Jun 2002

The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii

Nevada Law Journal

No abstract provided.


Classic Insurance Law In A Postmodern World, Leo P. Martinez Jun 2002

Classic Insurance Law In A Postmodern World, Leo P. Martinez

Nevada Law Journal

No abstract provided.


September 11 And The End Of History For Corporate Law, Kent Greenfield May 2002

September 11 And The End Of History For Corporate Law, Kent Greenfield

Kent Greenfield

Using the tragic events of September 11th as case study; this Essay critiques a prominent, recent article that suggests the ideology of shareholder primacy has become so dominant that the "end of history" is at hand for corporate law. The author suggests that a dedication to shareholder primacy helped create the context in which the events of September 11th could occur, by making the airlines less attentive to security concerns that did not affect the airline companies' stock prices. Shareholder primacy makes corporations more likely to externalize the costs of the firms' decisions onto constituencies other than shareholders, and such ...


The Nonprofit Sector And The New State Activism, Mark Sidel May 2002

The Nonprofit Sector And The New State Activism, Mark Sidel

Michigan Law Review

The burgeoning field of nonprofit and philanthropic law has a new and superb history in Norman Silber's pathbreaking A Corporate Form of Freedom: The Emergence of the Nonprofit Sector. In confronting "the history of efforts to control the creation and permissible purposes for nonprofit corporations by states, and ... the relocation of these efforts to the Internal Revenue Service" (p. 5), Professor Silber effectively deliniates the rich history of our ambiguous, often conflicted attempts to regulate the American nonprofit sector, and points clearly to the ways in which history influences the current complexities of state regulation. From a discredited era ...


Law: Illumination Against Darkness, Alfred C. Aman Jr. Apr 2002

Law: Illumination Against Darkness, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.


Foreword, Azizah Y. Al-Hibri Apr 2002

Foreword, Azizah Y. Al-Hibri

Law Faculty Publications

Recent world events have also underlined the fact that the shrinking global village is not moving automatically towards increased democracy, peace and cooperation. The use of force continues to be the preferred tool for conflict resolution, despite all claims to the contrary. To complicate matters, the new technological innovations are bringing violence instantaneously to our doorstep. Conflicts in far away regions of the world can no longer be ignored. They have cast their shadow over our cities. The dream of the global village has become a nightmare, with no apparent exit. What can we do about it?


Spring 2002 Apr 2002

Spring 2002

Bill of Particulars

No abstract provided.


Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander Apr 2002

Cabining The Doctrine Of Equivalents In Festo: A Historical Perspective On The Relationship Between The Doctrines Of Equivalents And Prosecution History Estoppel , Jay I. Alexander

American University Law Review

No abstract provided.


The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci Apr 2002

The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci

The Journal of Appellate Practice and Process

No abstract provided.


Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair Apr 2002

Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair

The Journal of Appellate Practice and Process

No abstract provided.


Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird Apr 2002

Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird

The Journal of Appellate Practice and Process

No abstract provided.