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

Legal History Commons

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

Articles 1 - 7 of 7

Full-Text Articles in Legal History

Gender And Justice: The Experience Of Female Lawyers In Indiananapolis, Jessica Louise Nelson May 2010

Gender And Justice: The Experience Of Female Lawyers In Indiananapolis, Jessica Louise Nelson

Undergraduate Honors Thesis Collection

"Gentleman M.B". is recorded in United States history as far back as 1638, and was a successful landowner, local leader, and attorney to the governor. What is not translated is that this gentleman was, in fact, a woman: Margaret Brent was the first known female attorney, and would be the only one allowed entrance to the Bar for more than 200 years. Even though centuries later, in 1869, Myra Bradwell (Illinois), Mary Magoon (Iowa) and Belle Mansfield (Iowa) gained access to the legal community, women remained an outcast minority until very recently. A mere two percent of the profession was …


Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan Jan 2010

Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan

All Faculty Scholarship

The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path breaking …


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan Jan 2010

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

All Faculty Scholarship

No abstract provided.


The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda Jan 2010

The Struggling Class: Replacing An Insider White Female Middle Class Dream With Struggling Black Female Reality, Angela Mae Kupenda

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee Jan 2010

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

All Faculty Scholarship

This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …


The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan Dec 2009

The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan

Felice J Batlan

This article provides a case study and an in-depth analysis of the WWPU. It then discusses how by the turn of the century, when the Society became the dominant provider of legal aid in New York City, women’s roles as legal providers and recipients of legal aid was even further expanded. By doing so, I demonstrate that gender was foundational to the development of legal aid and that women played crucial roles as lawyers, benefactors, and clients. Although this article focuses on New York, legal aid organizations in cities such as Chicago and Philadelphia also first arose to provide free …