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Articles 1 - 7 of 7
Full-Text Articles in Law
Teaching American Legal History In A Law School, Peter D. Garlock
Teaching American Legal History In A Law School, Peter D. Garlock
Law Faculty Articles and Essays
Professor Peter Garlock describes his legal history course.
The Founders And Slavery, Arthur R. Landever
The Founders And Slavery, Arthur R. Landever
Law Faculty Presentations and Testimony
The point of my talk is that our founders, who our tradition praises profusely of course, as men on Mount Olympus, had moral blinders on. I'm going to talk about key founders. Then I'm going to talk about the key English case, decided in 1772, Somerset v. Stuart. Then I'm going to talk about the Compromises of the 1770s and 1780s. Then I'm going to talk about what we can and can't learn from history. Then I'm going to consider what our generation is doing in the 21st century, considering what might shock our own descendants, two hundred years from …
When Literature Becomes Law: An Example From Ancient Greece, Mark J. Sundahl
When Literature Becomes Law: An Example From Ancient Greece, Mark J. Sundahl
Law Faculty Articles and Essays
The subject of this paper is the peculiar Athenian law, generally referred to as the Testamentary Law, which permitted a will to be invalidated if a jury determined that the testator composed the will while "under the influence of a woman" (in the original Greek, gunaiki peithomenos). While scholars have long argued that the progressive ideas of the archaic poets of ancient Greece inspired political change - such as the emergence of democracy in Athens - this paper makes an even stronger claim regarding the connection between law and literature in ancient Greece. This paper proposes that Solon, the famous …
Who Was William Marbury?, David F. Forte
Who Was William Marbury?, David F. Forte
Law Faculty Articles and Essays
Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.
Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte
Spiritual Equality, The Black Codes, And The Americanization Of The Freedmen, David F. Forte
Law Faculty Articles and Essays
The notion of spiritual equality grew from the abolitionist movement - the precursor for the political ideology of the radical Republicans. The radical Republicans did not think one could achieve the acceptance of spiritual equality through forced material equality. [I]t was a religious revival that brought our country to confront the reality of slavery. It was a theological doctrine from which we derived our notion of equality in the Reconstruction Amendments. And in that era, the free-thinkers - the secularists of the age - were temporizers on the issue. They were simply of no use in the raising to liberty …
Marbury's Travail: Federalist Politics And William Marbury's Appointment As Justice Of The Peace, David F. Forte
Marbury's Travail: Federalist Politics And William Marbury's Appointment As Justice Of The Peace, David F. Forte
Law Faculty Articles and Essays
This Article describes how Marbury, the youngest son of an impoverished remnant of a well-known family, elbowed his way to wealth and influence among the Maryland gentry. Further, this Article illuminates Marbury's choice between the two wings of the Federalist party in Maryland - the Hamiltonian elite and the Adams' loyalists - and how Marbury's partisan service brought him to a position earning Thomas Jefferson's disdain and rebuff. In the end, Marbury's appointment and rejection derived from the very different characters of John Adams and Thomas Jefferson.
Ideology And History, David F. Forte
Ideology And History, David F. Forte
Law Faculty Articles and Essays
I do not dispute the philosophical validity of the theory of natural rights. Indeed, I support much, if not most, of the principles embodied in that theory. What I wish to discuss is that to which Dr. Vieira claims to have limited his discussion, viz., the belief that history, specifically American constitutional history, provides a sufficient base to support a natural rights theory. His attempt to find historical support is an instructive example of how ideology can distort the data of history and cause it to be portrayed in a strange and unreal light. Beyond that, Vieira's historical method also …