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Full-Text Articles in Legal History
The Secret Sharers: "Anthony Rivers" And The Appellant Controversy, 1601-2, John M. Finnis, Patrick Martin
The Secret Sharers: "Anthony Rivers" And The Appellant Controversy, 1601-2, John M. Finnis, Patrick Martin
Journal Articles
Historians have known of the letters of “Anthony Rivers,” recounting religious, political, and military affairs from the court in London in 1601–3, and of certain dispatches from Rome forwarded to Robert Cecil by Thomas Phelippes, “the Decipherer,” in 1602. In this article, Patrick Martin and John Finnis show that the letters and dispatches were integral to a coordinated effort by William Sterrell, secretary to the Earl of Worcester and long-time double agent, and Father Robert Persons, prefect in Rome of the Jesuit mission to England, to frustrate the climactic third appeal to the pope by the disaffected secular priests known …
"The Dean Of Chicago's Black Lawyers": Earl Dickerson And Civil Rights Lawyering In The Years Before Brown, Jay Tidmarsh, Stephen Robinson
"The Dean Of Chicago's Black Lawyers": Earl Dickerson And Civil Rights Lawyering In The Years Before Brown, Jay Tidmarsh, Stephen Robinson
Journal Articles
Brown v. Board of Education is a watershed in American law and society. In the years since it was decided, Brown has shaped America's views of race, constitutionalism, and equality. Brown exerts an equally important influence over the historiography of civil rights lawyering in the decades before Brown. In particular, in constructing the story of civil rights lawyering in the crucial years between World War I and World War II, historians and legal scholars have focused primarily on the people and the events that shaped Brown.
Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett
Judicial Activism And Its Critics, Kermit Roosevelt, Richard W. Garnett
Journal Articles
"Judicial activism," writes Professor Kermit Roosevelt, of Penn, has been employed as an "excessive and unhelpful" charge--one "essentially empty of content." As a substitute, Roosevelt reviews here the framework for analysis of Supreme Court opinions that receives fuller treatment in his recent book, The Myth of Judicial Activism. Professor Richard W. Garnett, of Notre Dame, is willing to go along with "much, though not all, of" Roosevelt's position. Ultimately, Garnett suggests "that 'judicial activism' might be salvaged, and used as a way of identifying and criticizing decisions...that fail to demonstrate th[e] virtue" of constitutional "humility."
Pound's Century, And Ours, Jay Tidmarsh
Pound's Century, And Ours, Jay Tidmarsh
Journal Articles
On August 29, 1906, a little known Nebraska lawyer climbed to the podium at the twenty-ninth American Bar Association convention in St. Paul, Minnesota, and commenced the most thoroughly successful revolution in American law. The lawyer was Roscoe Pound, and the title of his address was The Causes of Popular Dissatisfaction with the Administration of Justice. The speech was hardly popular in its own time. The ABA nearly refused to publish the remarks. Thirty-two years would pass before Pound's seeds fully flowered. Even today, many of Pound's criticisms of our adversarial civil justice system ring as true as the day …