Legal Commons^™

Law, History, And Feminism, Tracy A. Thomas

Akron Law Faculty Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history. The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the past two …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Governing Gambling In The United States, Maria E. Garcia

CMC Senior Theses

The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.

In an effort to …

Legislative Delegation And Two Conceptions Of The Legislative Power, Robert C. Sarvis

The University of New Hampshire Law Review

[Excerpt] "The current federal government, with its burgeoning administrative agencies, does not embody what most Americans would recognize as the constitutional doctrine of separation of powers. This is, in part, due to the Congress’s frequent practice of delegating legislative powers to the executive branch, i.e., giving administrative agencies the power to promulgate rules regulating private behavior and having the force of law. Legislative delegation has been the subject of academic, legal, and political wrangling since the early congresses and clearly calls into question whether modern practice adheres to constitutional norms. This article discusses legislative delegation in terms of some core …

The State Of The Canon In Constitutional Law: Lessons From The Jurisprudence Of John Marshall, David E. Marion

William & Mary Bill of Rights Journal

Constitutional law has been an active battlefield as competing groups within the academy seek to deconstruct, reconstruct, and/or relegitimize the teaching and practice of law in the United States. Much of the rhetoric of the debate is couched in the language of rights. There is a danger that diminished attention to powers in the rhetoric and teaching of constitutional law may compromise sober and moderate constitutional reasoning. By reinvigorating reflection on powers-related issues, the legal profession can do its part to promote sobriety, and hence an added dose of prudence, in constitutional reflection and discourse by a democratic citizenry whose …

Lincoln, Vallandingham, And Anti-War Speech In The Civil War, Michael Kent Curtis

William & Mary Bill of Rights Journal

In the early morning hours of May 5, 1863, Union soldiers forcibly arrested Clement L. Vallandigham, a prominent Democratic politician and former congressman, for an anti-war speech which he had given a few days earlier in Mount Vernon, Ohio. Vallandigham's arrest ignited debate about freedom of speech in a democracy during a time of war and the First Amendment rights of critics of an administration. This Article is one in a series by Professor Curtis which examines episodes in the history of free speech before and during the Civil War. In this Article, Professor Curtis explores the First Amendment's guarantee …

The Potter Collection Bibliography, Joseph H. Parys

Library Archive

This annotated bibliography is designed as a guide to a compilation of speeches, reports, statutes and other documents relating to the Rhode Island Constitution of 1843 known as "The Potter Collection." The seven volume set consists of documents collected by Elisha R. Potter from 1786 to 1861 involving the constitutional development of Rhode Island during this time period.

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

Great Falls Tribune Montana Constitution Ratification Articles (June 1972), The Great Falls Tribune

Ratification-Era Newspaper Articles

This is a collection of articles published in the Great Falls Tribune from March 1972 to June 1972 that discuss the ratification of the newly proposed Montana constitution.

Billings Gazette Montana Constitution Ratification Articles (June 1972), The Billings Gazette

Ratification-Era Newspaper Articles

This is a collection of articles published in the Billings Gazette in June 1972 that discuss the ratification of the newly proposed Montana constitution

Montana Standard Montana Constitution Ratification Articles (May & June 1972), The Montana Standard

Ratification-Era Newspaper Articles

This is a collection of articles published in the Montana Standard in May and June of 1972 that discuss the ratification of the newly proposed Montana constitution.

Missoulian Montana Constitution Ratification Articles (May To June 1972), The Missoulian

Ratification-Era Newspaper Articles

This is a collection of articles published in the Missoulian in May and June 1972 that discuss the ratification of the newly proposed Montana constitution.

Western Livestock Reporter Montana Constitution Ratification Article (May 1972), Western Livestock Reporter

Ratification-Era Newspaper Articles

This is a collection of articles published in the Western Livestock Reporter in May 1972 that discuss the ratification of the newly proposed Montana constitution.

Magicland Citizen Montana Constitution Ratification Articles (May 1972), The Magicland Citizen

Ratification-Era Newspaper Articles

This is a collection of articles published in the Magicland Citizen in May 1972 that discuss the ratification of the newly proposed Montana constitution.

Independent Record Montana Constitution Ratification Articles (May & June 1972), The Independent Record

Ratification-Era Newspaper Articles

This is a collection of articles published in the Independent Record in May and June of 1972 that discuss the ratification of the newly proposed Montana constitution.

Billings Gazette Montana Constitution Ratification Articles (May 1972), The Billings Gazette

Ratification-Era Newspaper Articles

This is a collection of articles published in the Billings Gazette in March 1972 that discuss the ratification of the newly proposed Montana constitution.

Great Falls Tribune Montana Constitution Ratification Articles (May 1972), The Great Falls Tribune

Ratification-Era Newspaper Articles

This is a collection of articles published in the Great Falls Tribune from March 1972 to June 1972 that discuss the ratification of the newly proposed Montana constitution.

Hysham Echo Montana Constitution Ratification Articles (April & June 1972), The Hysham Echo

Ratification-Era Newspaper Articles

This is a collection of articles published in the Hysham Echo April and June of 1972 that discuss the ratification of the newly proposed Montana constitution.

Fairview News Montana Constitution Ratification Article (April 1972), The Fairview News

Ratification-Era Newspaper Articles

This is an article published in the Fairview News in April 1972 that discusses the ratification of the newly proposed Montana constitution.

Forsyth Independent Montana Constitution Ratification Articles (April & May 1972), The Forsyth Independent

Ratification-Era Newspaper Articles

This is a collection of articles published in the Forsyth Independent from April 1972 to May 1972 that discuss the ratification of the newly proposed Montana constitution.

Wescolite Montana Constitution Ratification Articles (April & May 1972), The Wescolite

Ratification-Era Newspaper Articles

This is a collection of articles published in the Wescolite in April and May of 1972 that discuss the ratification of the newly proposed Montana constitution.

Billings Gazette Montana Constitution Ratification Articles (April 1972), The Billings Gazette

Ratification-Era Newspaper Articles

This is a collection of articles published in the Billings Gazette in April 1972 that discuss the ratification of the newly proposed Montana constitution.

Daily Tribune-Examiner Montana Constitution Ratification Articles (April To June 1972), Daily Tribune-Examiner

Ratification-Era Newspaper Articles

This is a collection of articles published in the Daily Tribune-Examiner from April 1972 to June 1972 that discuss the ratification of the newly proposed Montana constitution.

Ronan Pioneer Montana Constitution Ratification Articles (April & June 1972), The Ronan Pioneer

Ratification-Era Newspaper Articles

This is a collection of articles published in the Ronan Pioneer in April and June of 1972 that discuss the ratification of the newly proposed Montana constitution.

Poplar Shopper Montana Constitution Ratification Articles (April & May 1972), The Poplar Shopper

Ratification-Era Newspaper Articles

This is a collection of articles published in the Poplar Shopper from April 1972 to May 1972 that discuss the ratification of the newly proposed Montana constitution.

Daily Ravalli Republican Montana Constitution Ratification Articles (April & May 1972), Daily Ravalli Republican

Ratification-Era Newspaper Articles

This is a collection of articles published in the Daily Ravalli Republican from April 1972 to June 1972 that discuss the ratification of the newly proposed Montana constitution.

Choteau Acantha Montana Constitution Ratification Articles (April To June 1972), The Choteau Acantha

Ratification-Era Newspaper Articles

This is a collection of articles published in the Choteau Acantha from March 1972 to June 1972 that discuss the ratification of the newly proposed Montana constitution.

Harlem News Montana Constitution Ratification Articles (April & May 1972), The Harlem News

Ratification-Era Newspaper Articles

This is a collection of articles published in the Harlem News in April and May of 1972 that discuss the ratification of the newly proposed Montana constitution.

Chinook Opinion Montana Constitution Ratification Articles (April & June 1972), The Chinook Opinion

Ratification-Era Newspaper Articles

This is a collection of articles published in the Chinook Opinion in April and June of 1972 that discuss the ratification of the newly proposed Montana constitution.

Judith Basin Press Montana Constitution Ratification Articles (April & May 1972), The Judith Basin Press

Ratification-Era Newspaper Articles

This is a collection of articles published in the Judith Basin Press in April & May 1972 that discuss the ratification of the newly proposed Montana constitution.