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Full-Text Articles in Law
After Mccleskey, Robert L. Tsai
After Mccleskey, Robert L. Tsai
Faculty Scholarship
In the 1987 decision, McCleskey v. Kemp, the Supreme Court rejected a black death row inmate's argument that significant racial disparities in the administration of Georgia's capital punishment laws violated the Fourteenth Amendment's Equal Protection Clause. In brushing aside the most sophisticated empirical study of a state 's capital practices to date, that ruling seemingly slammed the door on structural inequality claims against the criminal justice system. Most accounts of the case end after noting the ruling's incompatibility with more robust theories of equality and meditating on the deep sense of demoralization felt by social justice advocates. One might …
Book Preface, Hendrik Hartog, Thomas A. Green
Book Preface, Hendrik Hartog, Thomas A. Green
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
At her death in December 1997, Betsy Clark had been working for more than a dozen years on a study tentatively entitled "Women, Church and State: Religion and the Culture of Individual Rights in Nineteenth-Century America." Between 1987 and 1995, several of the planned chapters had appeared in law reviews and in history journals. Another chapter had been written and revised before and during the first stages of her illness. Two chapters can be found in preliminary form in her 1989 Princeton dissertation and had been presented to a colloquium at Harvard Law School. But other chapters planned for the …
The Bill Of Rights As An Exclamation Point, Gary S. Lawson
The Bill Of Rights As An Exclamation Point, Gary S. Lawson
Faculty Scholarship
Akhil Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights")' is one of the best law books of the twentieth century. That is not surprising, as it grows out of two of the best law review articles of the twentieth century' and was written by one of the century's premier legal scholars. I have been an unabashed Akhil Amar fan ever since our overlapping law school days more than fifteen years ago, and I am thrilled to have my perspicacity and good judgment vindicated by the publication of this remarkable work.
Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow
Chapter 7 - Reflections On The Scholarship Of Elizabeth B. Clark, Kristin Olbertson, Carol Weisbrod, Christine Stansell, Martha Minow
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
Elizabeth Clark's essays on early nineteenth-century reform movements make a compelling case that abolitionists and feminists alike understood individual rights from a profoundly religious perspective. Clark also demonstrates how these reformers advocated the protection of so-called "natural rights" for enslaved African-Americans and white women in the vivid and fervently emotional language of evangelical revivalism. Broader cultural and intellectual trends of resistance to governmental and clerical authority, trends rooted in liberal and evangelical Protestantism, Clark argues, helped fuel attacks on slavery and gender inequality. Rejecting other historians' portrayals of the antebellum reformers as primarily secular in orientation, Clark makes the arresting, …
Chapter 3 - Religion, Rights And Difference In The Early Woman's Rights Movement (Previously Published Article), Elizabeth B. Clark
Chapter 3 - Religion, Rights And Difference In The Early Woman's Rights Movement (Previously Published Article), Elizabeth B. Clark
Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America
The meeting of feminists at Seneca Falls in July of 1848 marked the nominal beginning of the movement which in the nineteenth century was labeled "woman's rights." For us that term has become commonly interchangeable with "suffrage," and we often assume that "woman's rights" describes a seventy-odd year campaign to gain civil and political power and protection from a government which -- although it had perpetrated outrages against women and blacks -- had an unquestioned legitimacy as the guarantor and enforcer of rights.
Religion, Rights And Difference In The Early Woman's Rights Movement, Elizabeth B. Clark
Religion, Rights And Difference In The Early Woman's Rights Movement, Elizabeth B. Clark
Publications
The meeting of feminists at Seneca Falls in July of 1848 marked the nominal beginning of the movement which in the nineteenth century was labeled "woman's rights." For us that term has become commonly interchangeable with "suffrage," and we often assume that "woman's rights" describes a seventy-odd year campaign to gain civil and political power and protection from a government which -- although it had perpetrated outrages against women and blacks -- had an unquestioned legitimacy as the guarantor and enforcer of rights.