Legal History, Theory and Process Commons™
Open Access. Powered by Scholars. Published by Universities.™
74 Institutions 2,597 Full-Text Articles 1,513 Authors 750,336 Downloads
Recent Articles in Legal History, Theory and Process
A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell 
Boston College Law School
A Jury Of Whose Peers?: Eliminating Racial Discrimination In Jury Selection Procedures, Hilary Weddell
Boston College Journal of Law & Social Justice
The jury system is intended to instill fairness and increase confidence in the American legal system as a whole. Despite this goal, widespread discrimination remains in jury selection procedures. In order to adequately protect both a defendant’s right to be tried by a jury of his peers and every citizen’s right to participate in the legal system, representativeness should be improved at each of three levels where juror exclusion takes place: (1) the assembly of the jury pool; (2) the issuance of exemptions and excusals from jury service; and (3) the use of peremptory challenges in empanelling the ...
Marching Across The Putative Black/White Race Line: A Convergence Of Narratology, History, And Theory, Carol L. Zeiner Boston College Law School
Marching Across The Putative Black/White Race Line: A Convergence Of Narratology, History, And Theory, Carol L. Zeiner
Boston College Journal of Law & Social Justice
This Article introduces a category of women who, until now, have been omitted from the scholarly literature on the civil rights movement: northern white women who lived in the South and became active in the civil rights movement, while intending to continue to live in the South on a permanent basis following their activism. Prior to their activism, these women may have been viewed with suspicion because they were “newcomers” and “outsiders.” Their activism earned them the pejorative label “civil rights supporter.” This Article presents the stories of two such women. It examines their stories from the perspective of the ...
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse 
Georgetown University Law Center
Decision Theory And Babbitt V. Sweet Home: Skepticism About Norms, Discretion, And The Virtues Of Purposivism, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
In this writing, the author applies a “decision theory” of statutory interpretation, elaborated recently in the Yale Law Journal, to Professor William Eskridge’s illustrative case, Babbitt v. Sweet Home Chapter of Communities for a Great Oregon. In the course of this application, she takes issue with the conventional wisdom that purposivism, as a method of statutory interpretation, is inevitably a more virtuous model of statutory interpretation. First, the author questions whether we have a clear enough jurisprudential picture both of judicial discretion and legal as opposed to political normativity. Second, she argues that, under decision theory, Sweet Home is ...
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi 
Touro College Jacob D. Fuchsberg Law Center
Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi
Touro Law Review
No abstract provided.
The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow 
NELLCO
The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow
New York University Public Law and Legal Theory Working Papers
Common wisdom has it that there is no federal constitutional right to an education; indeed, under our charter of negative liberties the common understanding is that there are no positive rights at all. This Article challenges common wisdom, arguing that there is in fact a federal constitutional right to a minimally adequate education. In doing so it calls into question the value of long-standing debates about the proper way to interpret the Constitution and suggests an alternative—not a new one, but a time-honored methodology. While theoretical battles about interpretation rage, judges (on both the right and left) continue to ...
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast 
BLR
Law Without The State: Legal Attributes And The Coordination Of Decentralized Collective Punishment, Gillian K. Hadfield, Barry R. Weingast
University of Southern California Law and Economics Working Paper Series
Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law that does not account for the distinctive attributes of legal order as compared with other forms of social order. Drawing on a model developed elsewhere, we reinterpret key case studies to demonstrate how a theoretically informed approach illuminates questions about emergence, stability, and function of law in supporting economic and democratic growth.
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. SOUAIAIA 
University of Iowa
To Compete Globally, Brics Nations Need Reputation, Not Imitation, Ahmed E. Souaiaia
Ahmed E SOUAIAIA
The economic, political, and social rise of the Western block of nations was founded on the single most enduring currency: reputation. Reputation, the source of credibility and trust, is the real asset that allows the U.S. to project its stature around the world. BRICS nations cannot rise to prominence by mimicking developed countries. They must build their reputation first. Wealth is only a byproduct of this more precious commodity, and countries who have it can squander it just as emerging economies can acquire it. For either of those results to happen in any country, circumstantial conditions and principled actions ...
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding 
IIT Chicago-Kent College of Law
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
Documents
No abstract provided.
Chicago's "Great Boodle Trial", Todd Haugh IIT Chicago-Kent College of Law
The Rookery Building And Chicago-Kent, A. Dan Tarlock IIT Chicago-Kent College of Law
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan IIT Chicago-Kent College of Law
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
Documents
No abstract provided.
What's A Telegram?, Henry H. Perritt Jr. IIT Chicago-Kent College of Law
Privacy And Technology: A 125-Year Review, Lori B. Andrews IIT Chicago-Kent College of Law
Privacy And Technology: A 125-Year Review, Lori B. Andrews
Documents
No abstract provided.
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt IIT Chicago-Kent College of Law
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
Documents
No abstract provided.
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber IIT Chicago-Kent College of Law
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
Documents
No abstract provided.
The Legacy Of In Re Neagle, Harold J. Krent IIT Chicago-Kent College of Law
The Changing Composition Of The American Jury, Nancy S. Marder IIT Chicago-Kent College of Law
The Changing Composition Of The American Jury, Nancy S. Marder
Documents
No abstract provided.
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein IIT Chicago-Kent College of Law
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
Documents
No abstract provided.
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro IIT Chicago-Kent College of Law
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
Documents
No abstract provided.
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson IIT Chicago-Kent College of Law
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
Documents
No abstract provided.
Popular Institutions
Popular Authors
Anthony D'Amato
Northwestern University School of Law
Robin West
Georgetown University Law Center
Michael Green
College of William & Mary Law School
Oh Jin
Cornell Law Library
Alan Watson
University of Georgia School of Law
Steven Lubet
Northwestern University School of Law
Dan Coenen
University of Georgia School of Law
Jeremy Waldron
NELLCO
Jesse Brush
Yale Law School
Kim Stanton
Western University
Based on downloads this month
Popular Articles
Relation Between International Law And Municipal Law
Legal Realism As Theory Of Law, Michael Green
Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Jin
The Importance Of Roman Law For Western Civilization And Western Legal Thought
On The Connection Between Law And Justice, Anthony D'Amato
The Oberlin Fugitive Slave Rescue: A Victory For The Higher Law, Steven Lubet
The Speluncean Explorers--Further Proceedings, Anthony D'Amato
Fifteen Famous Supreme Court Cases From Georgia, Dan Coenen
Lon Fuller And Substantive Natural Law, Anthony D'Amato
Mixed Contracts And The U.C.C.: A Proposal For A Uniform Penalty Default To Protect Consumers, Jesse Brush
Based on downloads this month