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Full-Text Articles in History
The Language Of Law: Interpreting Nineteenth-Century Legal Documents, Arthur Mitchell Fraas
The Language Of Law: Interpreting Nineteenth-Century Legal Documents, Arthur Mitchell Fraas
Arthur Mitchell Fraas
The documentary record produced in the course of 19th century American legal proceedings remains one of the greatest sources for understanding the everyday lives of the middling and non-elite who otherwise rarely rise to the surface of the historical record. This documentation though has often gone unused or misused thanks to the circumstances of its production and the difficulties of parsing the specialized language used within. Documents produced for use in a courtroom always have multiple layers of meaning, each intended with different purposes and audiences in mind. Formulaic language and confusing tangles of proceedings and filings too often get …
Bad News For John Marshall, David B. Kopel, Gary Lawson
Bad News For John Marshall, David B. Kopel, Gary Lawson
David B Kopel
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Gay And Lesbian Elders: History, Law, And Identity Politics In The United States, Nancy J. Knauer
Nancy J. Knauer
The approximately two million gay and lesbian elders in the United States are an underserved and understudied population. At a time when gay men and lesbians enjoy an unprecedented degree of social acceptance and legal protection, many elders face the daily challenges of aging isolated from family, detached from the larger gay and lesbian community, and ignored by mainstream aging initiatives. Drawing on materials from law, history, and social theory, this book integrates practical proposals for reform with larger issues of sexuality and identity. Beginning with a summary of existing demographic data and offering a historical overview of pre-Stonewall views …