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Articles 1 - 5 of 5
Full-Text Articles in Law
Law, Literature, And Libel: Victorian Censorship Of Dirty Filthy Books On Birth Control, Kristin (Brandser) Kalsem
Law, Literature, And Libel: Victorian Censorship Of Dirty Filthy Books On Birth Control, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
This article presents a case study of the feminist jurisprudence performed by three early birth control advocates: Annie Besant, Jane Hume Clapperton, and Marie Stopes. In the late nineteenth and early twentieth centuries, the subject of birth control was so taboo that serious efforts were made to keep John Stuart Mill from being buried in Westminster Abbey because of his sympathies with the idea of family limitation. The threat of being charged with obscenity and immorality, whether in a legal indictment, in a literary review, or in the court of public opinion, effectively silenced much public discourse on this important …
Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem
Looking For Law In All The Wrong Places: Outlaw Texts And Early Women's Advocacy, Kristin (Brandser) Kalsem
Faculty Articles and Other Publications
Recent Supreme Court decisions such as Atkins v. Virginia and Lawrence v. Texas specifically address the linkages between shifting cultural attitudes and the evolution of law. In this Article, I examine the mutually constitutive relationship between legal and cultural developments from a historical perspective and illustrate the necessity of looking to sources that I define as outlaw texts in order to access invaluable information about the process of legal change.
To demonstrate how a study of outlaw texts can enrich our understanding and critical consideration of law and legal history, this Article presents detailed analyses of specific examples of nineteenth-century …
Stopping Time: The Pro-Slavery And 'Irrevocable' Thirteenth Amendment, A. Christopher Bryant
Stopping Time: The Pro-Slavery And 'Irrevocable' Thirteenth Amendment, A. Christopher Bryant
Faculty Articles and Other Publications
In the post-secession winter of 1861, both Houses of Congress approved a proposed thirteenth amendment to the U.S. Constitution. Three northern States even ratified the proposal before the Civil War intervened. That version of the thirteenth amendment, introduced in the House by Representative Thomas Corwin of Ohio, purported to prohibit any future amendment granting Congress power to interfere with slavery in the States. The Congressional Globe volumes for the winter 1861 legislative session include rich debates about whether the amending power could be used to limit future exercise of that same authority. Those forgotten debates offer significant insights for modern …
The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley
The Innocence Revolution And Our "Evolving Standards Of Decency" In Death Penalty Jurisprudence, Mark A. Godsey, Thomas Pulley
Faculty Articles and Other Publications
One cannot adequately consider whether the current administration of the death penalty in America measures up to modern notions of decency without doing so in light of the revolution that has occurred over the past decade in the American criminal-justice system - the Innocence Revolution. Up through the 1990s, as a society, we believed our criminal-justice system was highly accurate, but the recent advent of DNA testing and other advanced technologies has demonstrated the naiveté of such beliefs. This article will discuss the history of the Innocence Revolution, examine the impact of that revolution on our society, and ask: "What …
The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey
Faculty Articles and Other Publications
This Article is part two in an ongoing series. Part I, published at 51 DUKE L. J. 1703 (2002), argued that Miranda warnings should not be strictly required when U.S. agents interrogate non-U.S. citizens abroad. This Article picks up where the first left off, and asks the question: "In the absence of Miranda, do any provisions in the Bill of Rights restrict the ability of U.S. agents to obtain confessions from non-Americans abroad?"
The Article begins by examining the back up or default rules to Miranda in the domestic setting. These rules are the "due process involuntary confession rule," which …