History Commons^™

Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.

Faculty Articles

This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …

Regulatory Competition And State Capacity, Martin W. Sybblis

Faculty Articles

This Article explores an underlying tension in the regulatory competition literature regarding why some jurisdictions are more attractive to firms than others. It pays special attention to offshore financial centers (OFCs). OFCs court the business of nonresidents, offer business friendly regulatory environments, and provide for minimal, if any, taxation on their customers. On the one extreme, OFCs are theorized as merely products of legislative capture— thereby lacking any meaningful agency of their own. On the other hand, OFCs are conceptualized as well-governed jurisdictions that attract investment because of the high quality of their laws and legal institutions—indicating some ability to …

Ostracism And Democracy, Alex Zhang

Faculty Articles

The 2020 Presidential Election featured an unprecedented attempt to undermine our democratic institutions: allegations of voter fraud and litigation about mail-in ballots culminated in a mob storming of the Capitol as Congress certified President Biden’s victory. Former President Trump now faces social-media bans and potential disqualification from future federal office, but his allies have criticized those efforts as the witch-hunt of a cancel culture that is symptomatic of the unique ills of contemporary liberal politics.

This Article defends recent efforts to remove Trump from the public eye, with reference to an ancient Greek electoral mechanism: ostracism. In the world’s first …

The Wealth Tax: Apportionment, Federalism, And Constitutionality, Alex Zhang

Faculty Articles

Proposals of wealth taxation as a mechanism to combat economic inequality and raise revenue for welfare programs have dominated recent political debate. Despite extensive academic commentary, questions surrounding the constitutionality of a wealth tax remain unresolved. Previous scholarly approaches have drawn a dichotomy between two key cases. Supporters of the wealth tax emphasize Hylton's functional rule for identifying direct taxes, which must be apportioned under the Constitution, and reject Pollock, which invalidated the federal income tax on the grounds that it was a direct tax. Opponents of the wealth tax, in contrast, argue that Pollock, rather than …

The Friendly Orange Glow: The Untold Story Of The Rise Of Cyberculture, Alissa M. Helms

Faculty Articles

Book review of The Friendly Orange Glow: The Untold Story of the Rise of Cyberculture by Brian Dear.

Undignified: The Supreme Court, Racial Justice, And Dignity Claims, Darren L. Hutchinson

Faculty Articles

The Supreme Court has interpreted the Equal Protection Clause as a formal equality mandate. In response, legal scholars have advocated alternative conceptions of equality, such as antisubordination theory, that interpret equal protection in more substantive terms. Antisubordination theory would consider the social context in which race-based policies emerge and recognize material distinctions between policies intended to oppress racial minorities and those designed to ameliorate past and current racism. Antisubordination theory would also closely scrutinize facially neutral state action that systemically disadvantages vulnerable social groups. The Court has largely ignored these reform proposals. Modern Supreme Court rulings, however, have invoked the …

Social Justice And The Future Of Higher Education Kinesiology, Brian Culp

Faculty Articles

This article presents a rationale for the infusion of social justice into kinesiology programs for the purpose of reducing inequities in society. Specifically, the current climate for social justice is considered and discussed using examples from an university-inspired service-learning initiative, law, and politics. Of note are the following areas of discussion: (a) differentiation between social diversity and social justice, (b) public pedagogy as a means by which to inspire service action, (c) the creation of climates for speech and application of social justice, (d) modeling and socialization for equity, and (e) the neoliberal threat to inclusiveness. The article concludes with …

An Analysis Of Future Coaches’ Emerging Dispositions On Social Justice: The Wooden Effect, Brian Culp

Faculty Articles

This qualitative study explored the extent to which an archetype presented through a non-fiction text could impact aspiring coaches’ (AC’s) dispositions regarding social justice. Forty-three aspiring coaches at a Midwestern university enrolled in a foundations class that presented issues related to inequity were studied. Analysis of student journals indicated changes in AC’s philosophies regarding social justice, an appreciation for the perspectives of underrepresented groups and emergent critical perspectives when examining sport processes. Results of the study imply that a focus on democratic education and constructivism in coaching preparation programs may be of benefit. A means by which praxis of this …

A Prequel To Law And Revolution: A Long Lost Manuscript Of Harold J. Berman Comes To Light, John Witte Jr., Christopher J. Manzer

Faculty Articles

The late Harold Berman was a pioneering scholar of Soviet law, legal history, jurisprudence, and law and religion; he is best known today for his monumental Law and Revolution series on the Western legal tradition. Berman wrote a short book, Law and Language, in the early 1960s, but it was not published until 2013. In this early text, he adumbrated many of the main themes of his later work, including Law and Revolution. He also anticipated a good deal of the interdisciplinary and comparative methodology that we take for granted today, even though it was rare in the …

Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt

Faculty Articles

America was born in revolution. Outraged at numerous abuses by the British crown—to include the conduct of British soldiers in the colonists’ daily lives—Americans declared their independence, creating a new republic with deep suspicions of a standing army. These suspicions were intensely debated at the time of the nation’s formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. This did not occur until after the Civil War when Southern congressmen successfully co-opted the framers’ earlier concerns of a standing army and passed a criminal statute—the 1878 Posse …

Leading From Behind The Gap: Post-Racial Politics And The Pedagogy Of Black Studies, Seneca Vaught

Faculty Articles

An Associated Press Poll released on the eve of the 2012 presidential election revealed that more Americans are overtly racist today than four years ago.

Mills B. Lane, Jr. And Enterprise In A New South, Randall L. Patton

Faculty Articles

For a century, Citizens & Southern Bank was a fixture in Georgia. In 1991, the C&S brand name disappeared in a merger with North Carolina National Bank. This was one of the bittersweet consequences of the slow, confusing swirl of bank deregulation after 1970, when institutions such as C&S simply disappeared, swallowed by the "winners" in the new competitive environment of interstate banking in the 1980s and 1990s. Even earlier, however, the Lane family had ceased to control the bank started by Mills Lane, Sr. in 1891. Mills B. Lane, Jr. was the last member of the Lane family to …

Making History In The Bedroom: Americo-Liberians And Indigenous Liberians Sexual Unions, 1880s- C. 1950s, William E. Allen

Faculty Articles

The article discusses sexual unions between black American settlers and majority indigenes in Liberia. According to the author, these unions forged political alliances between indigenous Liberians and Americo-Liberians, furthered the so-called civilizing mission of the colony, and created space for social mobility. Details related to the different groups living in the region, including indigenous Africans, recaptives who had been taken off illegal slaving vessels and resettled in Liberia, and free and formerly enslaved blacks from the U.S., are presented. Other topics include Christianity, polygamy, and illegitimate children.

Social Movements And Judging: An Essay On Institutional Reform Litigation And Desegregation In Dallas, Texas, Darren L. Hutchinson

Faculty Articles

This Article discusses the political and legal barriers that have surfaced to undermine the ability of courts to fashion remedies that offer justice to aggrieved individuals and to render rights-based institutional reform liti­gation a judicial relic. Part II examines the historical development of in­stitutional reform litigation and examines the political factors that created the opportunity for dramatic changes in legal approaches to the issue of racial inequality. Part III examines litigation challenging segregation in Dallas public schools. It also discusses cases filed in the immediate post­-Brown era and contrasts those cases with Judge Sanders's rulings on the subject. In …

Racial Exhaustion, Darren L. Hutchinson

Faculty Articles

This Article proceeds in three principle parts. Part II explains the role of rhetoric and narratives in shaping commonly held societal beliefs and argues that racial exhaustion discourse functions as a social script that seeks to portray the United States as a post-racist society. Part II then summarizes the basic content of racial exhaustion rhetoric and identifies five common arguments that have endured across historical contexts, which depict race-based remedies as redundant, taxing, injurious to whites, special handouts to blacks, and futile because law cannot alter racial inequality. Next, Part II examines the political rhetoric employed by nineteenth-century Congressional opponents …

The Abnā Al-Dawla: The Definition And Legitimation Of Identity In Response To The Fourth Fitna, John P. Turner

Faculty Articles

Reopens the question about the identity and provenance of the abã al-dawla of the Abbasid dynasty. Period when these individuals formed an identity; Previous definitions of abã al-dawla; Reason why they formed a collective.

"The Future Good And Great Of Our Land": Republican Mothers, Female Authors, And Domesticated Literacy In Antebellum New England, Sarah Robbins

Faculty Articles

In an 1830s review of Lydia Maria Child's Good Wives published in Sarah Hale's Ladies' Magazine, the enthusiastic commentator quoted above sets Child's latest book within a thriving literary culture that values didactic literature. Acknowledging the importance of a genre I call the domestic literacy narrative, the reviewer confidently asserts that "the prevalent rage for reading" promises to promote not only familial but national well-being-promises, that is, if more books like Child's are regularly published to help train women to direct their family's reading and extract from it principles and behaviors consonant with their country's "future good."