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Full-Text Articles in Legal History
The Past As A Colonialist Resource, Deepa Das Acevedo
The Past As A Colonialist Resource, Deepa Das Acevedo
Faculty Articles
Originalism’s critics have failed to block its rise. For many jurists and legal scholars, the question is no longer whether to espouse originalism but how to espouse it. This Article argues that critics have ceded too much ground by focusing on discrediting originalism as either bad history or shoddy linguistics. To disrupt the cycle of endless “methodological” refinements and effectively address originalism’s continued popularity, critics must do two things: identify a better disciplinary analogue for originalist interpretation and advance an argument that moves beyond methods.
Anthropology can assist with both tasks. Both anthropological analysis and originalist interpretation are premised on …
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens
Faculty Articles
No abstract provided.
The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens
The Other Rights Revolution: Conservative Lawyers And The Remaking Of American Government (Book Review), Michael Ariens
Faculty Articles
No abstract provided.
Full Faith And Credit And The Equity Conflict, Polly J. Price
Full Faith And Credit And The Equity Conflict, Polly J. Price
Faculty Articles
As this Article relates, the current problem with interstate enforcement of injunctions and other equitable decrees is illustrated by the Court's confusion in Baker. The Court reached the correct result in the case before it, but the basic problems of "equity conflict" remain unresolved. Both the Court's opinion and the two concurrences were unsatisfactory because the Court failed to address the key underlying issue of whether or to what extent courts may rely on state law to enjoin extraterritorial conduct. Had the Court focused on this issue, I argue, it could have based its decision upon a more appealing rationale. …
Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price
Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price
Faculty Articles
This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …