Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (8)
- Supreme Court of the United States (8)
- Legal History (6)
- Courts (3)
- Jurisprudence (3)
-
- Law and Society (3)
- Judges (2)
- Law and Politics (2)
- Legislation (2)
- Commercial Law (1)
- Criminal Law (1)
- Election Law (1)
- Environmental Law (1)
- First Amendment (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Intellectual Property Law (1)
- Law and Economics (1)
- Law and Race (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Writing and Research (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Privacy Law (1)
- Sexuality and the Law (1)
- State and Local Government Law (1)
- Tax Law (1)
- Taxation-Federal (1)
- Institution
Articles 1 - 26 of 26
Full-Text Articles in Law
Dred Scott And The Crisis Of 1860, Louise Weinberg
Dred Scott And The Crisis Of 1860, Louise Weinberg
Chicago-Kent Law Review
Recent suggestions to the contrary notwithstanding, the Dred Scott decision and the controversy over the extension of slavery into the territories were at the very center of the crisis of 1860. This paper fills in the social, political, economic, and legal backgrounds of that crisis in order to clarify the centrality of Dred Scott in the election of Abraham Lincoln and to the ensuing destruction of the Union.
Scott V. Sandford: The Court's Most Dreadful Case And How It Changed History, Paul Finkelman
Scott V. Sandford: The Court's Most Dreadful Case And How It Changed History, Paul Finkelman
Chicago-Kent Law Review
Dred Scott, without doubt, is the most controversial case in the history of the United States Supreme Court. Unlike the controversies that surround other decisions of the Court, the controversy surrounding Dred Scott does not turn on if the outcome or Chief Justice Taney's analysis was wrong, but rather on why the outcome and Chief Justice Taney's analysis were wrong. This article focuses on the political goals Taney attempted to accomplish through his decision in Dred Scott. Though there existed reasons for Taney's belief that his decision in Dred Scott would once and for all end the political …
Thirteen Ways Of Looking At Dred Scott, Jack M. Balkin, Sanford Levinson
Thirteen Ways Of Looking At Dred Scott, Jack M. Balkin, Sanford Levinson
Chicago-Kent Law Review
Dred Scott v. Sandford is a classic case that is relevant to almost every important question of contemporary constitutional theory.
Dred Scott connected race to social status, to citizenship, and to being a part of the American people. One hundred fifty years later these connections still haunt us; and the twin questions of who is truly American and who America belongs to still roil our national debates.
Dred Scott is a case about threats to national security and whether the Constitution is a suicide pact. It concerns whether the Constitution follows the flag and whether constitutional rights obtain in federally …
Rethinking Dred Scott: New Context For An Old Case, Austin Allen
Rethinking Dred Scott: New Context For An Old Case, Austin Allen
Chicago-Kent Law Review
Scholars have misunderstood the context in which Dred Scott emerged. Leading historical interpretations of the decision have relied too heavily on accounts developed by antebellum Republicans and on mid-twentieth-century legal theory. This article offers an alternative account of Dred Scott's origins and argues that the decision emerged from a series of unintended consequences resulting from the Taney Court's efforts to incorporate a Jacksonian vision of governance into constitutional law. By 1857, this effort had generated tensions that made a sweeping decision like Dred Scott nearly unavoidable. The inescapable nature of Dred Scott carries implications for constitutional theorists, especially those …
The New Fiction: Dred Scott And The Language Of Judicial Authority, Mark A. Graber
The New Fiction: Dred Scott And The Language Of Judicial Authority, Mark A. Graber
Chicago-Kent Law Review
Claims that the Justices in Dred Scott abandoned a tradition of judicial restraint rely on an anachronistic measure for judicial activism. Antebellum Justices asserted that laws were unconstitutional only when restraining state officials. Judicial etiquette, in their opinion, required more circumspection when imposing constitutional limits on a coordinate branch of the national government. Contrary to accepted wisdom, the Justices before the Civil War imposed constitutional limitations on federal power in approximately twenty cases. They did so, however, without explicitly declaring federal legislation unconstitutional. The Justices in some federal cases ignored the plain meaning of federal statutes on the ground that …
Dred Scott: Tiered Citizenship And Tiered Personhood, Henry L. Chambers Jr.
Dred Scott: Tiered Citizenship And Tiered Personhood, Henry L. Chambers Jr.
Chicago-Kent Law Review
The Dred Scott Court accepted and perpetuated the notion that our Constitution afforded multiple tiers of citizenship and multiple tiers of personhood through which different groups of citizens and different groups of persons would receive varying sets of rights. Through their language and interpretation, the Reconstruction Amendments largely resolved this issue by providing a formal equality that created a single tier of citizenship and a single tier of personhood. Though, as a formal matter, tiered citizenship and tiered personhood are unacceptable, the issue is not fully resolved as a practical matter. Tiered citizenship and tiered personhood may exist when the …
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
First Principles For Virginia's Fifth Century, Hon. Robert F. Mcdonnell
University of Richmond Law Review
No abstract provided.
"Lewd And Immoral": Nude Dancing, Sexual Expression, And The First Amendment, Kevin Case
"Lewd And Immoral": Nude Dancing, Sexual Expression, And The First Amendment, Kevin Case
Chicago-Kent Law Review
Nude dancing is a particularly awkward fit with the First Amendment. Should the Constitution protect this kind of "speech?" The question has vexed the Supreme Court. While most of the Court has agreed that nude dancing falls within the First Amendment, plurality opinions relegate nude dancing to the "outer ambit" of shielded speech, setting forth confusing and ultimately unsustainable legal tests.
This Note contends that nude dancing can convey powerful and particularized erotic messages of sexual desire, availability, and appreciation of the nude female form. It is not mere "conduct." Moreover, arguments for categorizing nude dancing as "low value" speech, …
The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan Lahn
The Uses Of History In The Supreme Court's Takings Clause Jurisprudence, Jonathan Lahn
Chicago-Kent Law Review
In a series of seminal cases interpreting the Fifth Amendment's Takings Clause, the United States Supreme Court has used arguments that can be called "historical" to justify its holdings and negotiate the relationship between the static language of the Constitution and the dynamic realities of American life. While historical arguments have been a recurring theme in Takings Clause jurisprudence over the past eighty years, the way in which they are used has shifted. While historical accounts of changes in American society over time once served to justify new forms of governmental intervention in the realm of private property, a new …
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
American University Law Review
No abstract provided.
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
Daimlerchrysler V. Cuno: An Escape From The Dormant Commerce Clause Quagmire?, S. Mohsin Reza
University of Richmond Law Review
No abstract provided.
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
Where Do We Draw The Line? Partisan Gerrymandering And The State Of Texas, Whitney M. Eaton
University of Richmond Law Review
No abstract provided.
Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch
Sniffing Out The Problems: A Casenote Study Of The Analysis And Effects Of The Supreme Court’S Decision In Illinois V. Caballes, Amanda M. Basch
Saint Louis University Public Law Review
No abstract provided.
Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski
Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski
Saint Louis University Public Law Review
No abstract provided.
The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks
The Supreme Court Gets Constructive: A Case Note On Pennsylvania State Police V. Suders, Erin Hendricks
Saint Louis University Law Journal
No abstract provided.
Introduction: A Tale Of (At Least) Two Federalisms, Denise C. Morgan
Introduction: A Tale Of (At Least) Two Federalisms, Denise C. Morgan
NYLS Law Review
No abstract provided.
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
The Future Of Federalism? Pierce County V. Guillen As A Case Study, Lynn A. Baker
NYLS Law Review
No abstract provided.
Reconceptualizing Federalism, Erwin Chemerinsky
The Marriage Protection Act: A Lesson In Congressional Over-Reaching, Sarah Kroll-Rosenbaum
The Marriage Protection Act: A Lesson In Congressional Over-Reaching, Sarah Kroll-Rosenbaum
NYLS Law Review
No abstract provided.
Evolving Understandings Of American Federalism: Some Shifting Parameters, Edward A. Purcell Jr.
Evolving Understandings Of American Federalism: Some Shifting Parameters, Edward A. Purcell Jr.
NYLS Law Review
No abstract provided.
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
Effective Alternatives To Causes Of Action Barred By The Eleventh Amendment, Jesse H. Choper, John C. Yoo
NYLS Law Review
No abstract provided.
Introduction, Russell L. Weaver, David F. Partlett
Introduction, Russell L. Weaver, David F. Partlett
NYLS Law Review
No abstract provided.
Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman
Political Advocacy On The Supreme Court: The Damaging Rhetoric Of Antonin Scalia, Stephen A. Newman
NYLS Law Review
No abstract provided.
Text As Truce: A Peace Proposal For The Supreme Court's Costly War Over The Eleventh Amendment, Andrew B. Coan
Text As Truce: A Peace Proposal For The Supreme Court's Costly War Over The Eleventh Amendment, Andrew B. Coan
Fordham Law Review
No abstract provided.
Reevaluating The Debate Surrounding The Supreme Court's Use Of Foreign Precendent, Osmar J. Benvenuto
Reevaluating The Debate Surrounding The Supreme Court's Use Of Foreign Precendent, Osmar J. Benvenuto
Fordham Law Review
No abstract provided.
Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson
Rehnquist, Innsbruck, And St. Mary's University Tribute., Vincent R. Johnson
St. Mary's Law Journal
William H. Rehnquist taught for St. Mary’s University School of Law for four summers while serving as the sixteenth Chief Justice of the United States. For two weeks each July in 1991, 1994, 1998, and 2000, Rehnquist lectured on The Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. St. Mary’s has conducted the Institute as an annual five-week summer program at the University of Innsbruck since 1986, with the generous administrative support of that university’s Roman Law Institute. Rehnquist felt welcome in Innsbruck and earned the St. Mary’s …