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Full-Text Articles in Law
Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet
Execution In Virginia, 1859: The Trials Of Green And Copeland, Steven Lubet
Faculty Working Papers
This essay tells the story of Shields Green and John Copeland, two black men who joined John Brown's raid on Harper's Ferry. Along with Brown and several others, Green and Copeland were taken prisoner in the aftermath of the failed insurrection, and they were brought to trial in nearby Charlestown on charges of murder and treason. Unlike Brown, who was treated respectfully by his captors, Green and Copeland were handled roughly. Copeland in particular was subjected to a harsh interrogation that was criticized even by pro-slavery Democrats in the North. The black prisoners did, however, have the benefit of a …
The Chief Or The Court: Article Ii And The Appointment Of Inferior Judicial Officers, James E. Pfander
The Chief Or The Court: Article Ii And The Appointment Of Inferior Judicial Officers, James E. Pfander
Faculty Working Papers
Each year, the Chief Justice of the United States makes a number of appointments to offices within the Article III judicial establishment. On its face, such a Chief-based appointment practice seems hard to square with the text of Article II, which provides for the appointment of inferior officers by the "courts of law." Scholars have noted the switch from a court-based to a Chief-based appointment system, but generally regard the Chief's authority as constitutionally benign. This Essay explores the origins of the Constitution's choice of the "courts" as the repository of appointment power. The decision was made against the backdrop …