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Articles 1 - 4 of 4
Full-Text Articles in History
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
Marriage (In)Equality And The Historical Legacies Of Feminism, Serena Mayeri
All Faculty Scholarship
In this essay, I measure the majority’s opinion in Obergefell v. Hodges against two legacies of second-wave feminist legal advocacy: the largely successful campaign to make civil marriage formally gender-neutral; and the lesser-known struggle against laws and practices that penalized women who lived their lives outside of marriage. Obergefell obliquely acknowledges marriage equality’s debt to the first legacy without explicitly adopting sex equality arguments against same-sex marriage bans. The legacy of feminist campaigns for nonmarital equality, by contrast, is absent from Obergefell’s reasoning and belied by rhetoric that both glorifies marriage and implicitly disparages nonmarriage. Even so, the history …
The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram
The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram
Harvey M. Applebaum ’59 Award
This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection of …
Central Government And Secession, Tyler Zuch
Central Government And Secession, Tyler Zuch
Political Science Capstone Research Papers
Governments and countries throughout history have risen and fallen while some have carried on through the years. However, some countries look very different from when they existed in previous times. Rulers and leaders have utilized many responses to rebellions and secessionist movements. These responses range from bloody and/or political repression, devolution, simply declaring secession unconstitutional or illegal, economic concessions/incentives, or even simply ignoring the problem. There is not only the debate as to what is the best way to put down a rebellion or secessionist movement, but also what is the right/moral response that the government should do to keep …
Progressive Legal Thought, Herbert J. Hovenkamp
Progressive Legal Thought, Herbert J. Hovenkamp
All Faculty Scholarship
A widely accepted model of American legal history is that "classical" legal thought, which dominated much of the nineteenth century, was displaced by "progressive" legal thought, which survived through the New Deal and in some form to this day. Within its domain, this was a revolution nearly on a par with Copernicus or Newton. This paradigm has been adopted by both progressive liberals who defend this revolution and by classical liberals who lament it.
Classical legal thought is generally identified with efforts to systematize legal rules along lines that had become familiar in the natural sciences. This methodology involved not …