Legal Commons^™

The History Of The Constitution Is Our Future., Maggie Blackhawk

Michigan Law Review

The Constitution of the United States establishes a government; it also stands as the fundamental law of a people. It shapes daily life, distributes power, and sets a direction for the future. And yet when we ask about the reach and meaning of the Constitution, we are increasingly told to look backward. The answers to our future are said to lie in the past.

Res Historica, Volume 5, Alpha Rho Epsilon Phi Alpha Theta, Lindsay Rae Smith Privette Phd

Res Historica

The 2026 journal of historical research by Anderson University students, Res Historica.

The editorial team for this edition of Res Historica was Dr. Lindsay Rae Smith Privette, Julia Ackerman, Callyn Wright, Logan Davis, and John Hinton. Cover art by Mary Beth Lee.

Enrolled Deeds As Records And Archives In Jamaica, Andrew Williams

Journal of Contemporary Archival Studies

This paper examines the history of the enrolled deeds record series in Jamaica, from its creation in the mid-seventeenth century through to the present day. It is a critical examination of a single record series through colonialism and independence. It examines the purpose of deeds and the context in which deeds registries were created before examining the history of the series through the periods of slavery and emancipation. It examines in close detail the late nineteenth century, when the Island Record Office—which has custody of the enrolled deeds—was created and several other important changes happened. It situates the enrolled deeds …

Lost & Found (Game Series) [Book Chapter], Owen Gottlieb

Articles

Description of game series for use in the classroom with best practices.

Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd

Senior Honors Theses

The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …

Playing With Fire: The Medieval Judicial Ordeals And Their Downfall, Aaron Larson

Swarthmore Undergraduate History Journal

Trials by ordeal in the Middle Ages prove to be some of the most complex secular trials in all of history. Both trial by fire, and trial by water looked to call God's judgment into play, hoping that He would make the decisions of guilt or innocence. God is all-knowing. He is all-powerful. Therefore He has all of the relevant information to determine the fates of those who go through the ordeals. Despite this, the theologians in the medieval Church looked to lessen clerical involvement in the ordeals. In 1215, the Fourth Lateran Council met, and the ordeals ceased to …

Without Personhood: The Missing Point Of Slaves In Missouri's Emancipation-By-Residency Freedom Suit Jurisprudence, 1824-1837, Jacob Alfred Brandler

Graduate Theses/Dissertations

From 1824 to 1837, the Supreme Court of Missouri developed a sophisticated caselaw establishing emancipation-by-residency—where a Missouri court could liberate an enslaved petitioner because of their residence in a free jurisdiction—as a basis of freedom suits. In 1852, however, the Court undermined the precedential value of those decisions and dismantled this basis when deciding Dred Scott’s case, Scott v. Emerson. Scholarship on Missouri’s freedom suits has highlighted how partisanship and the political atmosphere in Missouri as well as across the nation contributed to this outcome. This study adds to the historiography how the previous caselaw itself predisposed the result; …

Against The Eyes Of God And Man: The Suicide And Alcohol Intoxication Deaths Of Enslaved People In Alexandria And Henrico County, Virginia, 1805-1829, Peighton L. Young

Theses and Dissertations

The purpose of this thesis is to provide a compressive examination of suicide and self-destructive behaviors within specific enslaved populations in early republic Virginia localities. I use coroners’ inquests as the primary means for identifying notable causes of death and potential behavioral patterns amongst the enslaved people presented in this study. I focused my investigation on two causes of death, demographics, and localities respectively: the drowning suicides committed by enslaved women along the Potomac River waterfront in Alexandria between 1807 and 1824 and the alcohol intoxication-related deaths of enslaved men in Henrico County between 1805 and 1829. Stepping away from …

Following The Spirit Of The Law: Col. Eberhard P. Deutsch And The Legal Division Of United States Forces Austria, 1945-1946, Peter J. Casey

LSU New Orleans Theses and Dissertations

As World War II neared its end in Europe, the Allied powers faced a difficult situation with the occupied nation of Austria. Considering the complicated Austrian relationship with Nazism, the Allies had to decide how the nation would be liberated, occupied, and rehabilitated. Almost instantaneously, the United States, Great Britain, and France became at odds with a vengeful Soviet Union seeking to build a defensive shield of Communist European client states that included Austria. This study will show that as the head of the American Legal Division, Col. Eberhard P. Deutsch, United States Army, was instrumental in the reformation of …

The Jacksonian Conservatism Of Rufus P. Ranney The Politics And Jurisprudence Of A Northern Democrat From The Age Of Jackson To The Gilded Age, David M. Gold

Ohio University Press Open Access Books

Ohio’s Rufus P. Ranney embodied many of the most intriguing social and political tensions of his time. He was an anticorporate campaigner who became John D. Rockefeller’s favorite lawyer. A student and law partner of abolitionist Benjamin F. Wade, Ranney acquired an antislavery reputation and recruited troops for the Union army; but as a Democratic candidate for governor he denied the power of Congress to restrict slavery in the territories, and during the Civil War and Reconstruction he condemned Republican policies.

Ranney was a key delegate at Ohio’s second constitutional convention and a two-time justice of the Ohio Supreme Court. …

Agents Of Justice: Female Plaintiffs In The King’S Court In Thirteenth And Fourteenth-Century England, J. Savannah Shipman

Masters Theses

It has often been assumed that medieval women, noble or common, had little or no agency, were forced into submissive roles by dominating men, and had little control over their day-to-day lives. Theoretical statements about law served to support these assumptions as they forbade women from prosecuting men for any crimes other than the murder of her husband or for rape. Yet the records of the court proceedings before the king and his justices and the Calendar of Patent Rolls paint a very different picture. The sources themselves show that women regularly came to court to gain compensation and justice …

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 …

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how …

The Clerks Of The Four Horsemen (Part I), Barry Cushman

Journal Articles

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …

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 …

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 …

Another Early Pennsylvania Legal Periodical: Journal Of Jurisprudence (1821), Joel Fishman

Law Faculty Publications

In 1821, John Hall published the Journal of Jurisprudence, "a new series of The American Law Journal." It is sometimes cited under the former title or as volume seven of the American Law Journal^l that was the first law periodical published in the United States. The new volume had 542 pages, divided into three issues of 136, 136, and 270 pages. Mathew Carey & Son, one of the leading Philadelphia printers of early, nineteenth-century Philadelphia,² was the printer of the Journal. In antebellum Pennsylvania, Philadelphia served as a major printing center,³ hosting a number of …

Procedure, Politics, And Power, Stephen B. Burbank

Journal of Legal Education

No abstract provided.

A Moment In The Times: Law Professors And The Court-Packing Plan, Kyle Graham

Journal of Legal Education

No abstract provided.

Learning To Be A Legal Historian: Reflections Of A Nontraditional Student, Jonathan Rose

Journal of Legal Education

No abstract provided.

The Hughes Court And Constitutional Consultation, Barry Cushman

Journal Articles

This lecture, delivered to the Supreme Court Historical Society, details the ways in which justices of the Hughes Court provided guidance to members of the political branches in formulating constitutional solutions to the economic crisis of the 1930s. Among the policy areas considered are farm debt relief, energy policy, agricultural policy, civilian relief and public works, retirement pensions, and unemployment compensation.

Book Review. Louisiana's Legal Heritage, Edward F. Haas, Editor, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

The Arnolds Of Southwest Arkansas: 102 Years Of Law, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Historic Periods In The Development Of Our Law, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.