Law Commons^™

The Strange History Of "All Men Are Created Equal", Pauline Maier

Washington and Lee Law Review

No abstract provided.

Create Your Own Constitutional Theory, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Forgotten Constitutional History: The Production And Migration Of Meaning Within Constitutional Cultures, Gregory A. Mark

Michigan Law Review

When was the last time you read a serious, recently published work of constitutional history that did not deal mainly with the work of the Supreme Court? When, even among those works, did the author look beyond the immediate litigants to give the reader a sense of an evolving constitutional culture - a culture in symbiosis with the larger political and social culture - its eddies and byways, as well as its mainstream? My strong hunch is that anyone who can triumphantly respond to the implicit condemnation of narrowness in these questions will do so in large measure having read …

From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Michigan Law Review

Poland is located in Eastern Europe - the "other Europe" - which shares a continent, but seemingly little else, with Western Europe. Most histories of Europe, legal histories included, are actually histories of Western Europe only. The "euro-centrism" some scholars complain about is, more accurately, a "western eurocentrism." The eastern half of the continent is ignored like the embarrassing black sheep of the European family. Economic historians have described Eastern Europe as a "backward" place, where feudal and mercantilist economies persisted as Western European economies modernized and industrialized. In geopolitical terms, Eastern Europe has been characterized as a region of …

The Assault That Failed: The Progressive Critique Of Laissez Faire, Richard A. Epstein

Michigan Law Review

Robert Lee Hale has long been an intellectual thorn in the side of the defenders of laissez faire, among whom I am quite happy to count myself. As Barbara Fried notes in her meticulous study of Hale's work, his name is hardly a household word. But both directly and indirectly, his influence continues to be great. His best known work is perhaps Coercion and Distribution in a Supposedly Non-Coercive State, published in 1923 as a review of Thomas Nixon Carver's Principles of National Economy, itself a defense of the classical principles of laissez faire, remembered today only for the drubbing …

Positivism, Emergent And Triumphant, Vincent A. Wellman

Michigan Law Review

Positivism is one of those words that triggers passionate and often contradictory responses. For some, positivism is a pejorative. Lon Fuller, perhaps more than anyone, charged that positivism was confused about the nature of law, blind to law's inherent morality, and morally corrupting to boot. He even suggested, in different ways, that positivism helped promote the rise of fascism in Europe. Others, in contrast, have treated positivism as a modest and undeniable truth about law. Law, they argued, is morally fallible, and accordingly, the existence and validity of law is a matter of social fact rather than moral necessity. H.L.A. …

The Qualities Of Completeness: More? Or Less?, Mark R. Killenbeck

Michigan Law Review

On January 14, 1983, Chief Judge W. Brevard Hand announced what he knew would be widely regarded as a rather startling proposition. Believing that "[t]he first amendment in large part was a guarantee to the states which insured that the states would be able to continue whatever church-state relationship existed in 1791," Judge Hand held that the people of Alabama were perfectly free to "establish[] a religion," in this instance by allowing public school teachers to begin the school day with prayer. The ruling reversed an earlier decision in the same case, which characterized the statutory provision at issue as …

Interview With Judge Dolores Sloviter, Catharine L. Krieps, Dolores Sloviter, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Dolores Sloviter (L '56) is a Senior Judge of the United States Court of Appeals for the Third Circuit. She is the first woman appointed to that court and the only woman to have served as its Chief Judge.

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.

Regulating Paid Household Work: Class, Gender, Race, And Agendas Of Reform , Peggie R. Smith

American University Law Review

No abstract provided.

Regionalism And The Religion Clauses: The Contribution Of Fisher Ames, Marc M. Arkin

Buffalo Law Review

No abstract provided.

Should Progressives Support The Constitution?, Steven H. Shiffrin

Cornell Law Faculty Publications

In the closing pages of Constitutional Faith Sanford Levinson asks himself whether he would have signed the Constitution in Philadelphia, warts and all. He concludes that he would have joined the signers primarily because of a progressive faith that the evils of the Constitution would erode with time. So too, Levinson's frequent co-author J.M. Balkin, asks in the midst of a symposium on fidelity in constitutional theory, whether the present Constitution deserves our fidelity. Balkin does not deny the presence of sanctioned evil under our Constitution. He suggests, for example, that the Constitution fails to protect the poor. In so …

Interview With Curtis Reitz, Scott White, Curtis R. Reitz, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Curtis R. Reitz (L' 56)is the Algernon Sydney Biddle Professor, Emeritus of Law at the University of Pennsylvania Law School. He has represented Pennsylvania for 25 years in the National Conference of Commissioners on Uniform State Laws, and is chair of the Conference's Committee on International Legal Developments. He also participated in the recent revision of the Uniform Commercial Code.

Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review

American University Law Review

No abstract provided.

Reconceiving The Right To Present Witnesses, Richard A. Nagareda

Michigan Law Review

Modem American law is, in a sense, a system of compartments. For understandable curricular reasons, legal education sharply distinguishes the law of evidence from both constitutional law and criminal procedure. In fact, the lines of demarcation between these three subjects extend well beyond law school to the organization of the leading treatises and case headnotes to which practicing lawyers routinely refer in their trade. Many of the most interesting questions in the law, however, do not rest squarely within a single compartment; instead, they concern the content and legitimacy of the lines of demarcation themselves. This article explores a significant, …

Safeguarding The Heritage, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.

Transcript: What Makes The District An Anomaly? , American University Law Review

American University Law Review

No abstract provided.

Transcript: The Nature Of The American Constitution: Is There A Constitutional Right To Vote And Be Represented? , American University Law Review

American University Law Review

No abstract provided.

Transcript: Welcome Address, American University Law Review

American University Law Review

No abstract provided.

Transcript: Must Congress End The Disenfranchisement Of The District Of Columbia? A Constitutional Debate , American University Law Review

American University Law Review

No abstract provided.

Transcript: Keynote Address , American University Law Review

American University Law Review

No abstract provided.

Systems Of Belief In Modern American Law: A View From Century's End, Gerald B. Wetlaufer

American University Law Review

No abstract provided.

Regulatory Takings And Original Intent: The Direct, Physical Takings Thesis "Goes Too Far", Andrew S. Gold

American University Law Review

No abstract provided.

From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist

The Journal of Appellate Practice and Process

Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs.

What Is Past Is Prologue: Senator Edmund S. Muskie's Environmental Policymaking Roots As Governor Of Maine, 1955-58, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

I Don't Want To Play God: A Response To Professor Tremblay, Justine A. Dunlap

Faculty Publications

In Acting "A Very Moral Type of God": Triage Among Poor Clients, an article in this Symposium issue, Professor Paul R. Tremblay argues for the need for triage in the selection of legal services cases and clients and suggests a formula for making those triage decisions. While many of Professor Tremblay's views are unassailable, there is a part of me that rejects absolutely his hierarchy of case selection. In this musing on Professor Tremblay's meditation, I attempt to sort out the basis for my strong reaction to some of his points. I join others who have rejected a system …

All The Way Down The Slippery Slope: Gun Prohibition In England And Some Lessons For Civil Liberties In America, David B. Kopel, Joseph Olson

David B Kopel

Whenever civil liberties issues are contested, proponents of greater restrictions often chide civil liberties defenders for being unwilling to offer moderate concessions. Frequently, persons advocating restrictions on civil liberties claim that the "moderate" restriction will not infringe the core civil liberty. When rights advocates raise the "slippery slope" argument, they are criticized for being excessively fearful. The goal of the article is to refine our understanding of "slippery slopes" by examining a case in which a civil liberty really did slide all the way down the slippery slope.

The right to arms in Great Britain was entirely unrestricted at the …

Introducción Al Derecho Nuevo, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.

Reflections On The Practice Of A Theory: Law, Teaching, And Social Change, Barbara L. Bezdek

Faculty Scholarship

No abstract provided.

Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.