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Articles 121 - 133 of 133
Full-Text Articles in Entire DC Network
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas
Faculty Scholarship
In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …
Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle
Is Subjectivity Possible - The Post-Modern Subject In Legal Theory, James Boyle
Faculty Scholarship
This article puts forward a thesis and then attempts to prove (or at least to develop) that thesis in two related areas. The thesis is that legal theory in general, and critical legal theory in particular, has concentrated too much on critiques of objectivity, wrongly assuming that "subjectivity" was an unproblematic term. Subjectivity, like mortality, has seemed not only attainable but inevitable. It is objectivity which is presumed to be the problematic goal of our theories and our attempts at doctrinal interpretation. This article reverses the focus, concentrating on the construction of subjectivity in law and social theory... Having pointed …
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Form And Function In The Administration Of Justice: The Bill Of Rights And Federal Habeas Corpus, Larry Yackle
Faculty Scholarship
Part I critiques the Report's insistence that accurate fact finding exhausts, or nearly exhausts, the objectives of criminal justice, identifies the fundamental role of the Bill of Rights in the American political order, and situates federal habeas corpus within that framework. Part II traces the Report's historical review of the federal habeas jurisdiction and critiques the Report's too-convenient reliance on selected materials that, on examination, fail to undermine conventional understandings of the writ's development as a postconviction remedy. Part III responds to the Report's complaints regarding current habeas corpus practice and refutes contentions that the habeas jurisdiction overburdens federal dockets …
Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams
Culture And Certainty: Legal History And The Reconstructive Project, Joan C. Williams
Faculty Scholarship
No abstract provided.
Reimagining The Marshall Court, H. Jefferson Powell
Reimagining The Marshall Court, H. Jefferson Powell
Faculty Scholarship
No abstract provided.
A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas
A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas
Faculty Scholarship
Hegel argues in the preface to the Philosophy of Right that "every individual is a child of his time; so philosophy too is its own time apprehended in thoughts." "It is just as absurd," he maintains, "to fancy [the German word is einbilden: imagine, presume] that a philosophy can transcend its contemporary world as it is to fancy that an individual can overleap his own age, jump over Rhodes." This is a hard saying. It suggests that " '[t]here is not one of our ideas or one of our reflexions which does not carry a date.' " The fact that …
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Modernist Social Theory: Roberto Unger’S Passion, James Boyle
Faculty Scholarship
No abstract provided.
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Executive Targeting Of Congressmen As A Violation Of The Arrest Clause, Anita Bernstein
Faculty Scholarship
No abstract provided.
On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish
On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish
Faculty Scholarship
No abstract provided.
The French Legal Studies Curriculum: Its History And Relevance As A Model For Reform, Thomas E. Carbonneau
The French Legal Studies Curriculum: Its History And Relevance As A Model For Reform, Thomas E. Carbonneau
Faculty Scholarship
This article attempts to describe and analyze those events which fostered the historical metamorphosis of the French legal studies curriculum. The predominance of a broad academic approach to law and the concomitant absence of a narrow "trade school" mentality in the French law schools might be attributed to the general organization of higher education in France. One of the primary contentions of this article is that the fundamental character of French legal education, which emphasizes the educating of jurists as opposed to the training of lawyers, is the product of a set of factors which are deeply rooted in French …
The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray
The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray
Faculty Scholarship
No abstract provided.
New Frontiers, Michael E. Tigar
Volksgeist And A Piece Of Sulphur, Frank W. Elliott
Volksgeist And A Piece Of Sulphur, Frank W. Elliott
Faculty Scholarship
Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to …