The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld
Nov 2017
The Rejection Of Horizontal Judicial Review During America's Colonial Period, Robert J. Steinfeld
Robert Steinfeld
No abstract provided.
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen
Nov 2017
The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew Steilen
Matthew Steilen
This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker’s …
Ideal Theory And The Limits Of Historical Narrative, Anthony O'Rourke
Nov 2017
Ideal Theory And The Limits Of Historical Narrative, Anthony O'Rourke
Anthony O'Rourke
Some intellectual concepts that once played a central role in America’s constitutional history are, for both better and worse, no longer part of our political language.[1] These concepts may be so alien to us that they would remain invisible without carefully reexamining the past in order to challenge the received narratives of America’s constitutional development.[2] Should constitutional theorists undertake this kind of historical reexamination? If so, to what extent should they be willing to stray from the disciplinary norms that govern intellectual history? And what normative aims can they reasonably expect to achieve by exploring ideas in our …
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Nov 2017
Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey
Martha T. McCluskey
For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.
By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Nov 2017
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Samantha Barbas
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
Creating The Public Forum, Samantha Barbas
Nov 2017
Creating The Public Forum, Samantha Barbas
Samantha Barbas
The public forum doctrine protects a right of access - “First Amendment easements” - to streets and parks and other traditional places for public expression. It is well known that the doctrine was articulated by the Supreme Court in a series of cases in the 1930s and 1940s. Lesser known are the historical circumstances that surrounded its creation. Critics believed that in a modern world where the mass media dominated public discourse - where the soap box orator and pamphleteer had been replaced by the radio and mass circulation newspaper - mass communications had undermined the possibility of widespread participation …
The History Of Drug Control Laws: American Aspects, 9 J. Marshall J. Prac. & Proc. 46 (1975), Nicholas N. Kittrie
Jun 2017
The History Of Drug Control Laws: American Aspects, 9 J. Marshall J. Prac. & Proc. 46 (1975), Nicholas N. Kittrie
Nicholas Kittrie
No abstract provided.
Introduction To Legal History Symposium, John Bernard Corr
Jun 2017
Introduction To Legal History Symposium, John Bernard Corr
John (Bernie) Corr
No abstract provided.
Introduction To Legal History Symposium, John Bernard Corr
Jun 2017
Introduction To Legal History Symposium, John Bernard Corr
John (Bernie) Corr
No abstract provided.
Law In East Florida 1783-1821, M C. Mirow
Jun 2017
Law In East Florida 1783-1821, M C. Mirow
M. C. Mirow
Using primary sources from the East Florida Papers, this article explores colonial legality in St. Augustine and the Province of East Florida during the second Spanish period from 1783 to 1821. In addition to discussing the promulgation of the Constitution of Cádiz and its effects, the article reaches into legal records dealing with civil and testamentary cases to explore and to describe aspects of private law in this North American Spanish colony. Economic and social relations are revealed in the sources that are rich in legal information concerning slavery, family, religion, trade, and landholding. The article concludes that the sources …
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
May 2017
Foreword: "Law As…": Theory And Method In Legal History, Catherine L. Fisk, Robert W. Gordon
Catherine Fisk
No abstract provided.
Reconstructing Local Government, Daniel Farbman
Mar 2017
Reconstructing Local Government, Daniel Farbman
Dan Farbman
After the Civil War, the South faced a problem that was almost entirely new in the United States: a racially diverse and geographically integrated citizenry. In one fell swoop with emancipation, millions of former slaves were now citizens. The old system of plantation localism, built largely on the feudal control of the black population by wealthy white planters, was no longer viable. The urgent question facing both those who sought to reform and those who sought to preserve the “Old South” was: What should local government look like after emancipation? This Article tells the story of the struggle over the …
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
Jan 2017
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
Amanda L Tyler
In my own scholarship, Fallon and Meltzer’s work on habeas models prompted me to dig deeper into the historical backdrop that informed ratification of the Suspension Clause and think harder about the relevance of that history for questions of constitutional interpretation. This, in turn, has spurred work that has occupied me for many years since. In the spirit of engaging with my federal courts professor one more time, this Article tells the story of the statutory origins of the habeas privilege—what Blackstone called a “second magna carta”—and argues that any explication of the constitutional privilege and discussion of how courts …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Dec 2016
Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice scholars and activists coined the terms “environmental racism” to describe the disproportionate concentration of environmental hazards in neighborhoods populated by racial and ethnic minorities. Having exhausted domestic legal remedies (or having concluded that these remedies are unavailable), communities of color in the United States are increasingly turning to international human rights law and institutions to challenge environmental racism.
However, the United States has ratified only a handful of human rights treaties, and has limited the domestic application of these treaties through reservations and declarations that preclude judicial enforcement in the absence of implementing legislation. Indeed, …
