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Full-Text Articles in Law

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn Jan 2013

Slaves To Contradictions: 13 Myths That Sustained Slavery, Wilson Huhn

Akron Law Publications

People have a fundamental need to think of themselves as “good people.” To achieve this we tell each other stories – we create myths – about ourselves and our society. These myths may be true or they may be false. The more discordant a myth is with reality, the more difficult it is to convince people to embrace it. In such cases to sustain the illusion of truth it may be necessary to develop an entire mythology – an integrated web of mutually supporting stories. This paper explores the system of myths that sustained the institution of slavery in the antebellum United States.


Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas Mar 2011

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation ...


Law, History, And Feminism, Tracy A. Thomas Mar 2011

Law, History, And Feminism, Tracy A. Thomas

Akron Law Publications

This is the introduction to the book, Feminist Legal History. This edited collection offers new visions of American legal history that reveal women’s engagement with the law over the past two centuries. It integrates the stories of women into the dominant history of the law in what has been called “engendering legal history,” (Batlan 2005) and then seeks to reconstruct the assumed contours of history.

The introduction provides the context necessary to appreciate the diverse essays in the book. It starts with an overview of the existing state of women’s legal history, tracing the core events over the ...


Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee Jan 2010

Race, Sex, And Rulemaking: Administrative Constitutionalism And The Workplace, 1960 To The Present, Sophia Z. Lee

Faculty Scholarship at Penn Law

No abstract provided.


James Wilson And The Drafting Of The Constitution, William Ewald Jun 2008

James Wilson And The Drafting Of The Constitution, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee Jan 2005

The Unitary Executive During The Third Half-Century, 1889-1945, Christopher S. Yoo, Steven G. Calabresi, Laurence D. Nee

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress's authority to employ devices such as special counsels and independent agencies to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitution rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive, in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such ...


The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo Jan 2003

The Unitary Executive During The Second Half-Century, Steven G. Calabresi, Christopher S. Yoo

Faculty Scholarship at Penn Law

Recent Supreme Court decisions and political events have reinvigorated the debate over Congress's authority to restrict the President's control over the administration of the law. The initial debate focused on whether the Constitutional Convention rejected the executive by committee employed by the Articles of the Confederation in favor of a unitary executive in which all administrative authority is centralized in the President. More recently, the debate has turned towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features of the constitutional landscape as to preempt arguments in favor of the ...


What's So Special About American Law?, William Ewald Jan 2001

What's So Special About American Law?, William Ewald

Faculty Scholarship at Penn Law

No abstract provided.


The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts Jan 1999

The Legalization Of The Presidencey: A Twenty-Five Year Watergate Retrospective, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams Jan 1988

The Doctrine Of Accommodation In The Jurisprudence Of The Religion Clauses, Sarah Barringer Gordon, Arlin M. Adams

Faculty Scholarship at Penn Law

No abstract provided.


The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen Jan 1988

The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen

Faculty Scholarship at Penn Law

No abstract provided.


Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank Jan 1987

Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman Mar 1972

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

Faculty Scholarship at Penn Law

No abstract provided.