Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- 125th anniversary (14)
- Chicago-kent (14)
- Legal History (12)
- Women (8)
- Law and Society (6)
-
- History (4)
- Civil Rights (3)
- Constitutional Law (3)
- Gender (3)
- Legal education (3)
- Women in law (3)
- Chicago-Kent history (2)
- Immigrants (2)
- Immigration (2)
- Jews (2)
- Law (2)
- Law and gender (2)
- Legal Aid (2)
- Legal Assistance (2)
- Legal Profession (2)
- Legal aid (2)
- Minnie Low (2)
- Rosalie Loew (2)
- Social Work (2)
- Supreme Court (2)
- 1888 term (1)
- 1907 Expatriation Act (1)
- 1922 Cable Act (1)
- African American jurors (1)
- Antitrust law (1)
- Publication Year
Articles 1 - 30 of 37
Full-Text Articles in Law
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
"She Was Surprised And Furious": Expatriation, Suffrage, Immigration, And The Fragility Of Women's Citizenship, 1907-1940, Felice Batlan
All Faculty Scholarship
This article stands at the intersection of women’s history and the history of citizenship, immigration, and naturalization laws. The first part of this article proceeds by examining the general legal status of women under the laws of coverture, in which married women’s legal existence was “covered” by that of their husbands. It then discusses the 1907 Expatriation Act, which resulted in women who were U.S. citizens married to non-U.S. citizens losing their citizenship. The following sections discuss how suffragists challenged the 1907 law in the courts and how passage of the Nineteenth Amendment—and with it a new concept of women’s …
The Changing Landscape Of 19th Century Courts, Nancy Marder
The Changing Landscape Of 19th Century Courts, Nancy Marder
All Faculty Scholarship
Book Review of:Amalia D. Kessler. Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800–1877. New Haven: Yale University Press, 2017. 449 pp. Illustrations, appendix, notes, bibliography, and index. $35.00.
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
Building A Regime Of Restrictive Immigration Laws, 1840-1945, Felice Batlan
All Faculty Scholarship
H-Pad is happy to announce the release of its sixth broadside. In “Building a Regime of Restrictive Immigration Laws, 1840-1945,” Felice Batlan traces a century of U.S. government laws, policies, and attitudes regarding immigration. The broadside explores how ideas about race, class, religion, and the Other repeatedly led to laws restricting the immigration of those who members of Congress, the President, and the U.S. public considered inferior and/or a threat.
Creating Precedents Through Words And Deeds, Harold Krent
Creating Precedents Through Words And Deeds, Harold Krent
All Faculty Scholarship
Book review: Untrodden ground: how presidents interpret the Constitution. By Harold H. Bruff. Chicago: University of Chicago Press, 2015. 557 pages. Reviewed by Harold J. Krent
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
All Faculty Scholarship
No abstract provided.
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
All Faculty Scholarship
This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan
Women And Justice For The Poor: A History Of Legal Aid, 1863–1945, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt
The Civil Rights-Civil Liberties Divide, Christopher W. Schmidt
All Faculty Scholarship
Contemporary legal discourse differentiates “civil rights” from “civil liberties.” The former are generally understood as protections against discriminatory treatment, the latter as freedom from oppressive government authority. This Essay explains how this differentiation arose and considers its consequences.
Although there is a certain inherent logic to the civil rights-civil liberties divide, it in fact is the product of the unique circumstances of a particular moment in history. In the early years of the Cold War, liberal anticommunists sought to distinguish their incipient interest in the cause of racial equality from their belief that national security required limitations on the speech …
Legal History And The Politics Of Inclusion, Felice J. Batlan
Legal History And The Politics Of Inclusion, Felice J. Batlan
All Faculty Scholarship
No abstract provided.
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
Criminal Procedure And The Supreme Court - Then And Now, David Rudstein
125th Anniversary Materials
No abstract provided.
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
John Montgomery Ward: The Lawyer Who Took On Baseball, Christopher W. Schmidt
125th Anniversary Materials
No abstract provided.
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125 Years Of Law Books, 1888-2013, Keith Ann Stiverson
125th Anniversary Materials
No abstract provided.
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
Inventing Legal Aid: Women And Lay Lawyering, Felice Batlan
125th Anniversary Materials
No abstract provided.
The Rookery Building And Chicago-Kent, A. Dan Tarlock
The Rookery Building And Chicago-Kent, A. Dan Tarlock
125th Anniversary Materials
No abstract provided.
Privacy And Technology: A 125-Year Review, Lori B. Andrews
Privacy And Technology: A 125-Year Review, Lori B. Andrews
125th Anniversary Materials
No abstract provided.
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
U.S. Antitrust: From Shot In The Dark To Global Leadership, David J. Gerber
125th Anniversary Materials
No abstract provided.
The Changing Composition Of The American Jury, Nancy S. Marder
The Changing Composition Of The American Jury, Nancy S. Marder
125th Anniversary Materials
No abstract provided.
What's A Telegram?, Henry H. Perritt Jr.
What's A Telegram?, Henry H. Perritt Jr.
125th Anniversary Materials
No abstract provided.
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
A "Progressive Contraction Of Jurisdiction": The Making Of The Modern Supreme Court, Carolyn Shapiro
125th Anniversary Materials
The Supreme Court in 1888 was in crisis. Its overall structure and responsibilities, created a century earlier by the Judiciary Act of 1789, were no longer adequate or appropriate. The Court had no control over its own docket - at the beginning of the 1888 term, there were 1,563 cases pending - and the justices’ responsibilities, which included circuit riding, were impossible to meet. Shaped as it was by a law almost as old as the country itself, the Supreme Court in 1888 - and the federal judicial system as a whole - would be barely recognizable to many today. …
Chicago's "Great Boodle Trial", Todd Haugh
Chicago's "Great Boodle Trial", Todd Haugh
125th Anniversary Materials
No abstract provided.
Chicago-Kent: 125 Years And Counting, Ralph L. Brill
Chicago-Kent: 125 Years And Counting, Ralph L. Brill
125th Anniversary Materials
No abstract provided.
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
Then & Now: Stories Of Law And Progress, Lori B. Andrews, Sarah K. Harding
125th Anniversary Materials
No abstract provided.
The Legacy Of In Re Neagle, Harold J. Krent
The Legacy Of In Re Neagle, Harold J. Krent
125th Anniversary Materials
No abstract provided.
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
Section 1983 Is Born: The Interlocking Supreme Court Stories Of Tenney And Monroe, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
All Faculty Scholarship
This essay introduces the Chicago-Kent Symposium on Women's Legal History: A Global Perspective. It seeks to situate the field of women's legal history and to explore what it means to begin writing a transnational women's history which transcends and at times disrupts the nation state. In doing so, it sets forth some of the fundamental premises of women's legal history and points to new ways of writing such histories.
Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt
Social Movements, Legal Change, And The Challenges Of Writing Legal History (Book Review), Christopher W. Schmidt
All Faculty Scholarship
This Essay identifies the key contributions that Tomiko-Brown Nagin’s Courage to Dissent makes to the legal history of the civil rights movement. It situates the book among several other prominent legal histories of the civil rights era and offers thoughts on the challenge of creating historical accounts that illuminate the complex intersections of legal change and social activism. The Essay argues that Courage to Dissent is among the most thorough and ambitious efforts to confront this challenge in the literature today.
The Tea Party And The Constitution, Christopher W. Schmidt
The Tea Party And The Constitution, Christopher W. Schmidt
All Faculty Scholarship
This Article considers the Tea Party as a constitutional movement. I explore the Tea Party’s ambitious effort to transform the role of the Constitution in American life, examining both the substance of the Tea Party’s constitutional claims and the tactics movement leaders have embraced for advancing these claims. No major social movement in modern American history has so explicitly tied its reform agenda to the Constitution. From the time when the Tea Party burst onto the American political scene in early 2009, its supporters claimed in no uncertain terms that much recent federal government action overstepped constitutionally defined limitations. A …
The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan
The Gendered Lives Of Legal Aid: Lay Lawyers, Social Workers, And The Bar, 1863-1960, Felice J. Batlan
All Faculty Scholarship
The Gendered Life of Legal Aid, 1863-1960 (manuscript in process) will be the first monograph on the history of civil legal aid in the United States. By closely examining the history of legal aid in New York, Chicago, and Boston, it presents a number of arguments with wide-ranging implications and it is animated by a host of conflicts. These include the relationship between legal aid and citizenship, the changing status of domestic relations law, the interactions between lawyers and social workers and their different understandings of the role and nature of law, what services legal aid should provide, and even …
Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan
Florence Kelley And The Battle Against Laissez-Faire Constitutionalism, Felice J. Batlan
All Faculty Scholarship
The usual story of the demise of laissez-faire constitutionalism in the 1930’s features heroes such as Louis Brandeis, Felix Frankfurter and the great male legal progressives of the day who rose up from academia, the bench, and the bar, to put an end to what historians label "legal orthodoxy." In this essay, I seek to demonstrate that Florence Kelley was a crucially important legal progressive who was at the front lines of drafting and defending new legislation that courts were striking down as violating the Fourteenth Amendment and State constitutions. Looking at who was drafting and lobbying for path breaking …
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
The Birth Of Legal Aid: Gender Ideologies, Women, And The Bar In New York City, 1863-1910, Felice J. Batlan
All Faculty Scholarship
No abstract provided.