Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Anderson Francois, Colin Starger
The Persistence Of The Confederate Narrative, Peggy Cooper Davis, Anderson Francois, Colin Starger
All Faculty Scholarship
Ever since the United States was reconstituted after the Civil War, a Confederate narrative of states’ rights has undermined the Reconstruction Amendments’ design for the protection of civil rights. The Confederate narrative’s diminishment of civil rights has been regularly challenged, but it stubbornly persists. Today the narrative survives in imprecise and unquestioning odes to state sovereignty. We analyze the relationship, over time, between assertions of civil rights and calls for the protection of local autonomy and control. This analysis reveals a troubling sequence: the Confederate narrative was shamefully intertwined with the defense of American chattel slavery. It survived profound challenges …
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
All Faculty Scholarship
No abstract provided.
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
After 150 Years, Worst Supreme Court Decision Ever Continues To Haunt, F. Michael Higginbotham
All Faculty Scholarship
In 1857, the Supreme Court rendered a decision in Dred Scott v. Sandford, declaring that it had no jurisdiction to hear Dred Scott's claim to freedom because he was black and, therefore, not a citizen of the United States. This article argues that not only was the decision morally reprehensible, it was also based on an erroneous interpretation of the Constitution.
Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps
Lecture: Second Founding: The Story Of The Fourteenth Amendment, Garrett Epps
All Faculty Scholarship
The story of the Framing of the Fourteenth Amendment is a lost story of American history, covered over by Southern inspiring myth making and an unwillingness to grapple with the central role of slavery in American history. Americans can take new inspiration from that story and use it as an example of how our popular democracy can be perfected. Even today, nearly a century and a half after the Second Founders did their work, their words and example move before us as a people, a cloud by day, a pillar of fire by night.
Fight Muhammad's 'Secret' With Facts, Kenneth Lasson
Fight Muhammad's 'Secret' With Facts, Kenneth Lasson
All Faculty Scholarship
No abstract provided.