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Full-Text Articles in Law
Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson
Ella P. Stewart And The Benefits Of Owning A Neighborhood Pharmacy, Randall K. Johnson
Faculty Works
This Essay is the first to explain how and why Ella P. Stewart, who was among the first Black women to earn a doctoral degree in Pharmacy, used her status as a small business owner to protect the limited set of legal rights that were available to African-Americans in the twentieth century. It also describes how Stewart’s early personal and professional experiences informed her subsequent public service career. Additionally, this Essay highlights the various ways that Stewart expanded the real freedoms that Black Americans enjoyed by guaranteeing they received a fair share of public goods or services. It concludes by …
Fighting Rebellion, Criminalizing Dissent: Governmental Responses To Political Criminality In Mexico And Colombia, 1870s - 1910s, Adrian Alzate Garcia
Fighting Rebellion, Criminalizing Dissent: Governmental Responses To Political Criminality In Mexico And Colombia, 1870s - 1910s, Adrian Alzate Garcia
FIU Electronic Theses and Dissertations
Political Crimes represent one of the most neglected areas in the historical scholarship on modern Latin America. It is an enduring absence that, for decades, has prevented historians from developing richer understandings about the functioning of politics, the evolution of legal phenomena, and the workings of both war and peace in the region. This dissertation addresses this historiographical void trough a comparative study of governmental responses to political criminality in Mexico and Colombia between the 1870s and the 1910s –years that frame the rise and fall of the Mexican Porfiriato and the Colombian Regeneration.
A study of political, legal, and …
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn
Akron Law Faculty Publications
People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the …
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas
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
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 …
Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee
Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee
All Faculty Scholarship
This Article uses the history of equal employment rulemaking at the Federal Communications Commission (FCC) and the Federal Power Commission (FPC) to document and analyze, for the first time, how administrative agencies interpret the Constitution. Although it is widely recognized that administrators must implement policy with an eye on the Constitution, neither constitutional nor administrative law scholarship has examined how administrators approach constitutional interpretation. Indeed, there is limited understanding of agencies’ core task of interpreting statutes, let alone of their constitutional practice. During the 1960s and 1970s, officials at the FCC relied on a strikingly broad and affirmative interpretation of …
Tracking Berle's Footsteps: The Trail Of The Modern Corporation's Law Chapter, William W. Bratton, Michael L. Wachter
Tracking Berle's Footsteps: The Trail Of The Modern Corporation's Law Chapter, William W. Bratton, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee
Book Review (Risa L. Goluboff's The Lost Promise Of Civil Rights), Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
Hotspots In A Cold War: The Naacp's Postwar Workplace Constitutionalism, 1948-1964, Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon
"Free" Religion And "Captive" Schools: Protestants, Catholics, And Education, 1945-1965, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
The Beggar's Opera And Its Criminal Law Context, Ian Gallacher
College of Law - Faculty Scholarship
This chapter seeks to take the characters and situations of Gay's The Beggar's Opera and consider how closely the play's portrayal matches the historical record. Although the view offered by the play is a restricted one, the chapter concludes that the picture it offers is as close to historical reality as any other document from the period.
The Protestant Revolutions And Western Law, William Ewald
The Protestant Revolutions And Western Law, William Ewald
All Faculty Scholarship
No abstract provided.
The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee
The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee
All Faculty Scholarship
Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress's authority to employ devices such as special counsels and independent agencies to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitution rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive, in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …
The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo
The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo
All Faculty Scholarship
Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the unitary executive. …
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
Berle And Means Reconsidered At The Century's Turn, William W. Bratton
All Faculty Scholarship
No abstract provided.
What's So Special About American Law?, William Ewald
What's So Special About American Law?, William Ewald
All Faculty Scholarship
No abstract provided.
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon
All Faculty Scholarship
No abstract provided.
The Roman Foundations Of European Law, William Ewald
The Roman Foundations Of European Law, William Ewald
All Faculty Scholarship
No abstract provided.
The Antitrust Movement And The Rise Of Industrial Organization, Herbert J. Hovenkamp
The Antitrust Movement And The Rise Of Industrial Organization, Herbert J. Hovenkamp
All Faculty Scholarship
The modern science of industrial organization grew out of a debate among lawyers and economists in the waning years of the nineteenth century. For Americans, the emergent business "trust" provoked a dialogue about how the law should respond. Many of the formal theories of industrial organization, such as the ruinous competition doctrine, the potential competition doctrine, and the post-classical concern about vertical integration, were actually borrowed from the law.
Anglo-American and European economists disputed the proper domain of theory and description in economic analysis. The British approach was exemplified Alfred and Mary Paley Marshall's Economics of Industry, published in …
The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams
The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams
All Faculty Scholarship
No abstract provided.
Foreign Investment: Foreign Economic Contract Law, Jacques Delisle
Foreign Investment: Foreign Economic Contract Law, Jacques Delisle
All Faculty Scholarship
No abstract provided.
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
Social Science And Segregation Before Brown, Herbert J. Hovenkamp
All Faculty Scholarship
The courts must bear a heavy share of the burden of American racism. An outpouring of historical scholarship on racism and the American law reveals the outrageous and humiliating extent to which American lawyers, judges, and legislators created, perpetuated, and defended racist American institutions. The law is not autonomous, however, particularly in areas of explicit public policy making. Lawyers did not invent racism. Rather they created racist institutions because society was racist and racism was implicit in its values. The trend in scholarship on the legal history of American racism, however, has been to place most of the blame for …
Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp
Evolutionary Models In Jurisprudence, Herbert J. Hovenkamp
All Faculty Scholarship
Few ideas in intellectual history have been so captivating that they have overflowed the discipline from which they came and spilled over into everything else. The theory of evolution is unquestionably one of these. Evolution was an idea so powerful that it seemed obvious when Charles Darwin offered it. After all, there were prominent evolutionists a century before Darwin. Charles Darwin merely presented a model that made the theory plausible. It was a model, though, that infected everything, and one that appeared to answer every question worth asking, no matter what the subject. The model had the potential to lead …
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton
All Faculty Scholarship
No abstract provided.