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Full-Text Articles in Legal History
Original Intent In The First Congress, Louis J. Sirico Jr.
Original Intent In The First Congress, Louis J. Sirico Jr.
Working Paper Series
Most of the literature on this country’s Founding Era concludes that at least in the very early years, the Founders did not look to original intent to construe the Constitution. However, this study looks not at what the Founders said they believed, but how they acted. In the First Federal Congress, the members did use arguments based on original intent. This study identifies their originalist arguments and categorizes them into five rhetorical categories. It concludes that these arguments did not dominate the debates, but were one type of argument among many.
You’Re So Vain, I’Ll Bet You Think This Song Is About You, Joseph W. Dellapenna
You’Re So Vain, I’Ll Bet You Think This Song Is About You, Joseph W. Dellapenna
Working Paper Series
Dispelling the Myths of Abortion History covers over 1,000 years of abortion history in England and America, with special emphasis on the nineteenth and twentieth centuries. It presents an accurate and thoroughly fresh look at that history, reaching several unorthodox conclusions without taking sides on the merits of the abortion debate. The true history of abortion in England and America is important because Justice Harry Blackmun, drawing on the work of law professor Cyril Means, structured the argument of the majority in Roe v. Wade around the history of abortion laws. Means’ argument was later buttressed by the work of …