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Full-Text Articles in Legal History
Constructing The Original Scope Of Constitutional Rights, Nathan Chapman
Constructing The Original Scope Of Constitutional Rights, Nathan Chapman
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In this solicited response to Ingrid Wuerth's "The Due Process and Other Constitutional Rights of Foreign Nations," I explain and justify Wuerth's methodology for constructing the original scope of constitutional rights. The original understanding of the Constitution, based on text and historical context, is a universally acknowledged part of constitutional law today. The original scope of constitutional rights — who was entitled to them, where they extended, and so on — is a particularly difficult question that requires a measure of construction based on the entire historical context. Wuerth rightly proceeds one right at a time with a careful consideration …
Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii
Jurisdiction, Jurisprudence And Legal Change: Sociological Jurisprudence And The Road To International Shoe, Logan E. Sawyer Iii
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While scholars espousing ideological explanations have noted the correlation between the intellectual trends of the New Deal and International Shoe, they have not demonstrated the strength of this connection. Some merely assert that ideology caused International Shoe,12 while others point to only very general similarities between International Shoe and the ideology of the age.' 3 This Article attempts to strengthen the ideological explanation by examining closely the intellectual context of International Shoe. That examination reveals that the decision did not result simply from the expansion of interstate business or the inherent weakness of the Pennoyer system. Instead, International Shoe was …