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Articles 1 - 4 of 4
Full-Text Articles in Legal History
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
Scholarly Works
Hammer v. Dagenhart is among the best known cases in the canon of constitutional law. It struck down the first federal child labor law on the grounds that Congress’s commerce power allowed it to prohibit the interstate shipment of harmful goods, like impure food and drugs, but not harmless goods, like the products of child labor. Withering criticism of the decision spread from Justice Holmes’s famous dissent to law reviews, treatises, casebooks, and constitutional law classes. For nearly a century the decision has been scorned as inconsistent with precedent, incoherent as policy, and driven solely by the Court’s reactionary commitment …
An Almost-Eyewitness Account - New Evidence About Mary Meyer’S Murder, Donald E. Wilkes Jr.
An Almost-Eyewitness Account - New Evidence About Mary Meyer’S Murder, Donald E. Wilkes Jr.
Popular Media
This article, appearing in the Flagpole on September 12, 2012, is a follow-up to the mysterious murder of Mary Pinchot Meyer. It provides a statement of Harold Libermann who was with Mary Meyer on the date of her murder.
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Due Process As Separation Of Powers, Nathan S. Chapman, Michael W. Mcconnell
Scholarly Works
From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern “substantive due process” have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was …
Justice John Paul Stevens, Originalist, Diane Marie Amann
Justice John Paul Stevens, Originalist, Diane Marie Amann
Scholarly Works
Commentators, including the author of a recent book on the Supreme Court, often attempt to give each Justice a methodological label, such as “practitioner of judicial restraint,” “legal realist,” “pragmatist,” or “originalist.” This Essay first demonstrates that none of the first three labels applies without fail to Justice John Paul Stevens; consequently, it explores the extent to which Justice Stevens’s jurisprudence paid heed to the fourth method, “originalism.” It looks in particular at Justice Stevens’s opinions in recent cases involving firearms, national security, and capital punishment. Somewhat at odds with conventional wisdom, the Essay reveals Justice Stevens as a kind …