Law Commons^™

Legal Epistemologies, Howard Schweber

Maryland Law Review

No abstract provided.

Privacy, Police Power, And The Growth Of Public Power In The Early Twentieth Century: A Not So Unlikely Coexistence, Carol Nackenoff

Maryland Law Review

No abstract provided.

When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas

Journal Articles

Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …

Measuring Merit: The Shultz-Zedeck Research On Law School Admissions, Kristen Holmquist, Marjorie Shultz, Sheldon Zedeck, David Oppenheimer

Marjorie M. Shultz

No abstract provided.

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal Articles

For a symposium on Teaching Ferguson, this essay considers how the standard introductory constitutional law course evades the history of legal struggle against institutionalized anti-black violence. The traditional course emphasizes the drama of anti-majoritarian judicial expansion of substantive rights. Looming over the doctrines of equal protection and due process, the ghost of Lochner warns of dangers of judicial leadership in substantive constitutional change. This standard narrative tends to lower expectations for constitutional justice, emphasizing the virtues of judicial modesty and formalism.

By supplementing the ghost of Lochner with the ghost of comparably infamous and influential case, United States v. Cruikshank …

Book Review Of "Natural Law In Court: A History Of Legal Theory In Practice" By R.H. Helmholz, Stuart Banner

Journal of Legal Education

No abstract provided.

Facing The Ghost Of Cruikshank In Constitutional Law, Martha T. Mccluskey

Journal of Legal Education

No abstract provided.

Law's Exposure: The Movement And The Legal Academy, Amna A. Akbar

Journal of Legal Education

No abstract provided.

The Fire This Time: Black Lives Matter, Abolitionist Pedagogy And The Law, Charles R. Lawrence Iii

Journal of Legal Education

No abstract provided.

Teaching Movements, Scott L. Cummings

Journal of Legal Education

No abstract provided.

Legal Education And The Legitimation Of Racial Power, Gary Peller

Journal of Legal Education

No abstract provided.

A Reader's Guide To Pre-Modern Procedure, David L. Noll

Journal of Legal Education

No abstract provided.

Book Review Of "The Once And Future King: The Rise Of Crown Government In America" By F.H. Buckley, Ronald Rotunda

Journal of Legal Education

No abstract provided.

The Concept Of The State In American History, William J. Novak

Book Chapters

Debates about the state rage in contemporary America. On the right, libertarian and tea party rhetoric fulminates about shrinking the state or shutting down the government, frequently in hyperbolic terms like the Americans for Tax Reform notion of" drowning it in a bathtub." On the left, concern about the fate of the welfare state and an ever-expanding warfare and penal state produces equally impassioned retorts. Discussion of the American state-its nature, its size, and its uncertain future-dominates the political landscape as perhaps never before.

Creating Kairos At The Supreme Court: Shelby County, Citizens United, Hobby Lobby, And The Judicial Construction Of Right Moments, Linda L. Berger

The Journal of Appellate Practice and Process

No abstract provided.

Canadian Constitutional Identities, Eric M. Adams

Dalhousie Law Journal

Constitutions are stories nations tell about themselves. Despite the famous declaration in the Constitution Act, 1867 that the "Provinces ofCanada...Desire...a Constitution similar in Principle to that of the United Kingdom," most of Canada's constitutional history can be understood as the search for a distinctly Canadian constitutional identity Canadians have always looked to their constitutional instruments to both reflect and produce a particular vision of the nation and its citizens. This article focuses on the search for Canada s constitutional identity during its first century as a nation, from Confederation until the 1960s. Drawing on a varied array of sources and …

The Emergence Of Classical American Patent Law, Herbert Hovenkamp

Herbert Hovenkamp

The Emergence of Classical Patent Law

Abstract

One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce …

Lessons From The Turn Of The Twentieth Century For First-Year Courses On Legislation And Regulation, Kevin M. Stack

Journal of Legal Education

No abstract provided.

Book Review Of Freedom Has A Face: Race, Identity And Community In Jefferson's Virginia, By Kirt Von Daacke, Alfred L. Brophy

Journal of Legal Education

No abstract provided.

Book Review Of Banking On The Body: The Market In Blood, Milk, And Sperm In Modern America, By Kara Swanson, Mary Mitchell

Journal of Legal Education

No abstract provided.

Book Review Of What Wroks For Women At Work: Four Patterns Working Women Need To Know, By Joan C. Williams And Rachel Dempsey, Naomi Cahn, June Carbone

Journal of Legal Education

No abstract provided.

A Look At Civil Gideon: Is There A Constitutional Right To Counsel In Certain Civil Cases?, Jess H. Dickinson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Ladies' Health Protective Association: Lay Lawyers And Urban Cause Lawyering, Felice Batlan

Akron Law Review

By examining the LHPA, this Article seeks, however modestly, to extend the Hurstian project. The Article argues that the LHPA, composed of a group of middle-class women interacting with their environment, neighbors, the courts, private businesses, and city and state officials, on a deeply local and quotidian basis, had a significant impact in shaping a multitude of New York City laws and law had a profound affect in creating and molding the work and identity of the organization.

Oral History Of Student Life At The Uk College Of Law With James Park, Jr. (Class Of 1958), James Park Jr.

Kentucky Law Alumni Oral History Collection

The document that can be downloaded is a transcript of the oral history in PDF format. Below, you will find a streaming media file to hear the oral history.

This oral history is part of the Kentucky Law Alumni Oral History Collection in UKnowledge. James Park, Jr. (Class of 1958) is interviewed by Professor Franklin Runge about his experiences at the UK College of Law.

Symposium: Union And States' Rights: Secession, 150 Years After Sumter, Preface, Neil H. Cogan

Akron Law Review

A preface to the four papers presented at the Annual Meeting of the Section on Legal History, American Association of Law Schools, held on January 7, 2011, in San Francisco.

Book Review Of American Property: A History Of How, Why, And What We Own, By Stuart Banner, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.

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 …

Religious Rights In Historical, Theoretical And International Context: Hobby Lobby As A Jurisprudential Anomaly, S. I. Strong

Faculty Publications

The United States has a long and complicated history concerning religious rights, and the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc., has done little to clear up the jurisprudence in this field. Although the decision will doubtless generate a great deal of commentary as a matter of constitutional and statutory law, the better approach is to consider whether and to what extent the majority and dissenting opinions reflect the fundamental principles of religious liberty. Only in that context can the merits of such a novel decision be evaluated free from political and other biases.

This …

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 …

A Past And Future Of Judicial Elections: The Case Of Montana, Anthony Johnstone

The Journal of Appellate Practice and Process

No abstract provided.