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Articles 1 - 26 of 26
Full-Text Articles in Law
American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington
American Constitutionalism: Volume Ii: Rights & Liberties, Howard Gillman, Mark Graber, Keith Whittington
Mark Graber
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers Structures of Government and Volume II covers Rights and Liberties--this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
Circumspect Agatis Revisted, David K. Millon
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
David K. Millon
None available.
From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller
From Oxford To Williamsburg: The Evolution Of Legal Education And Law Libraries Across The Pond, James S. Heller
Library Staff Publications
No abstract provided.
In Memorium: Bernard Wolfman, Michael A. Fitts
In Memorium: Bernard Wolfman, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
The Letter Of Richard Wyche: An Interrogation Narrative, Christopher G. Bradley
The Letter Of Richard Wyche: An Interrogation Narrative, Christopher G. Bradley
Law Faculty Scholarly Articles
This is a translation, with introduction, of the Letter of Richard Wyche—one of only two heresy interrogation narratives from medieval England written from the perspective of the accused heretic.
The Letter is an autobiographical account of Richard Wyche’s interrogation, in 1402-1403, at the hands of church officials. Wyche originally composed the Letter in (Middle) English but it survives only in a Latin translation, alongside other forbidden texts in a manuscript now in Prague. Wyche wrote and covertly sent away this Letter to an audience of intimates sympathetic to the cause (the so-called Wycliffite or Lollard heresy) before his interrogations ended. …
Book Review, Christian G. Samito (Ed.). Changes In Law And Society During The Civil War And Reconstruction: A Legal History Documentary Reader. Carbondale: Southern Illinois University Press, 2009. 352 Pages. $29.50 (Paper), Thomas Reed
Thomas J Reed
No abstract provided.
American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington
American Constitutionalism: Volume I: Structures Of Government, Howard Gillman, Mark Graber, Keith Whittington
Mark Graber
Constitutionalism in the United States is not determined solely by decisions made by the Supreme Court. Moving beyond traditional casebooks, renowned scholars Howard Gillman, Mark A. Graber, and Keith E. Whittington take a refreshingly innovative approach in American Constitutionalism. Organized according to the standard two-semester sequence--in which Volume I covers institutions and Volume II covers Rights and Liberties-- this text is unique in that it presents the material in a historical organization within each volume, as opposed to the typical issues-based organization.
Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder
Appeals To The Privy Council Before American Independence: An Annotated Digital Catalogue, Sharon Hamby O'Connor, Mary Sarah Bilder
Sharon Hamby O'Connor
Between the later seventeenth century and American independence, appeals from colonial high courts were taken to the Privy Council in England. These appeals are the precursors of today’s appeals to the U.S. Supreme Court. Their legal and policy issues can be reconstructed from the outcome of the appeals, the briefs of crown law officers, related Privy Council documents, and handwritten notations on these materials. This article describes Appeals to the Privy Council Before American Independence, an annotated digital catalogue of appeals from the thirteen colonies with links and digital images providing access to this material, now compiled from a variety …
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Plus Or Minus One: The Thirteenth And Fourteenth Amendments, Mark A. Graber
Mark Graber
The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law …
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.
Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski
Chasing Ghosts: On The Possibility Of Writing Cultural Histories Of Tax Law, Assaf Likhovski
Assaf Likhovski
This Article discusses the use of arguments about “culture” in two debates about the imposition, application and abolition of income tax law: A debate about the transplantation of British income taxation to British-ruled Palestine in the early twentieth century, and a debate about tax privacy in late eighteenth-century and early nineteenth-century Britain. In both cases, “culture,” or some specific aspect of it (notions of privacy) appeared in arguments made by opponents of the tax. However, it is difficult to decide whether the use of cultural arguments in these debates simply reflected some “reality” that existed prior to these debates, whether …
Эволюция Правового Статуса Академии Наук В 20-Е Годы Xx Века, Leonid G. Berlyavskiy
Эволюция Правового Статуса Академии Наук В 20-Е Годы Xx Века, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
Legal aspects of history of the Russian Academy of Science are obviously insufficiently studied. The 85th anniversary of the Charter of the Academy of Sciences of the USSR 1927 coming in 2012 makes urgent its detailed legal characteristics, background of fact that the Charter of the Academy of Sciences was developed by the Academy itself and was approved by the Government on its representation. The essential features of evolution of the Academy of Sciences legal status in 1920s are as follows: its transformation into the higher scientific organisation of the USSR; returning to the pre-revolutionary system of its submission to …
«Философский Пароход: 90 Лет Спустя, Leonid G. Berlyavskiy
«Философский Пароход: 90 Лет Спустя, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
In case of the deportation 1922 the emergency state mode did not act, dispatch was performed in a greater degree for the limits of the country sent in the conditions of the New Economic Policy were not engaged in instigation to public disorders. It is represented that the given variant of deportatio nquite can be carried to repressive methods of state-legal adjustment which were approved in 20th years and were actively used during the subsequent period.
Законодательные Основы Противодействия Ксенофобии И Антисемитизму В Советском Государстве (1917-1939 Г.Г.), Leonid G. Berlyavskiy, Eugene V. Kolesnikov
Законодательные Основы Противодействия Ксенофобии И Антисемитизму В Советском Государстве (1917-1939 Г.Г.), Leonid G. Berlyavskiy, Eugene V. Kolesnikov
Leonid G. Berlyavskiy
In the article the legislation of xenophobia and antisemitism counteraction in the Soviet Union is considered. The Sovnarkom of RSFSR Decree 27 July 1918, the Soviet criminal codes in the struggle against nationalism and antisemitism is shown
The Founders’ Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
The Founders’ Hermeneutic: The Real Original Understanding Of Original Intent, Robert G. Natelson
Robert G. Natelson
This Article addresses whether the American Founders expected evidence of their own subjective views to guide future interpretation of the U.S. Constitution. The Article considers a range of evidence largely overlooked or misunderstood in earlier studies, such as contemporaneous rules of legal interpretation, judicial use of legislative history, early American public debate, and pronouncements by state ratifying conventions. Based on this evidence, the Article concludes that the Founders were “original-understanding originalists.” This means that they anticipated that constitutional interpretation would be guided by the subjective understanding of the ratifiers when such understanding was coherent and recoverable and, otherwise, by the …
A Republic, Not A Democracy? Initiative, Referendum, And The Constitution's Guarantee Clause, Robert G. Natelson
A Republic, Not A Democracy? Initiative, Referendum, And The Constitution's Guarantee Clause, Robert G. Natelson
Robert G. Natelson
This article debunks the myth, first arising in the 1840s, that the Founders sharply distinguished between a "republic" and a "democracy." It explains that by a "republic," most of the Founders meant a government controlled by the citizenry, following the rule of law, and without a king. Accordingly, state provisions for initiative and referendum are fully consistent with the Constitution's requirement that each state have a republican form of government; in fact, most of the governments the Founders called "republics" had featured analogous forms of direct democracy.
Paper Money And The Original Understanding Of The Coinage Clause, Robert G. Natelson
Paper Money And The Original Understanding Of The Coinage Clause, Robert G. Natelson
Robert G. Natelson
Over a century ago, the Supreme Court decided the Legal Tender Cases, holding that Congress could authorize legal tender paper money in addition to metallic coin. In recent years, some commentators have argued that this holding was incorrect as a matter of original understanding or original meaning, but that any other holding would be absolutely inconsistent with modern needs. They further argue that the impracticality of functioning without paper money demonstrates that originalism is not a workable method of constitutional interpretation. Those who rely on the Legal Tender Cases to discredit originalism are, however, in error. This Article shows that …
Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger
Islam In The Mind Of American Courts: 1800 To 1960., Marie A. Failinger
Marie A. Failinger
This article surveys mentions of Islam and Muslims in American federal and state court cases from 1800 to 1960.
Hawthorne's 'Spectacle Of Guilt And Shame' And The Law Of Adultery In Puritan New England: 1631-1694., Joshua Erspamer Mr.
Hawthorne's 'Spectacle Of Guilt And Shame' And The Law Of Adultery In Puritan New England: 1631-1694., Joshua Erspamer Mr.
joshua Erspamer Mr.
The death penalty for the crime of adultery was only imposed on three occasions by the courts in colonial New England. Of these three, a majority come from Puritan Massachusetts. However, this majority is limited to one case and two defendants: the 1644 case of Mary Latham and James Brittaine. Adultery was codified as a capital crime in the Bay Colony in the 1641 Body of Liberties which remained in effect until the loss of charter and merger with Massachusetts Bay Province at the end of the century. This work explores the reasons for the Bay Colony court’s resistance to …
How The British Gun Control Program Precipitated The American Revolution, David B. Kopel
How The British Gun Control Program Precipitated The American Revolution, David B. Kopel
David B Kopel
Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.
From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …
The Great Gun Control War Of The Twentieth Century--And Its Lessons For Gun Laws Today, David B. Kopel
The Great Gun Control War Of The Twentieth Century--And Its Lessons For Gun Laws Today, David B. Kopel
David B Kopel
A movement to ban handguns began in the 1920s in the Northeast, led by the conservative business establishment. In response, the National Rifle Association began to get involved in politics, and was able to defeat handgun prohibition. Gun control and gun rights became the subjects of intense political, social, and cultural battles for much of the rest of the 20th century, and into the 21st.
Often, the battles were a clash of absolutes: One side contended that there was absolutely no right to arms, that defensive gun ownership must be prohibited, and that gun ownership for sporting purposes could be, …
Shaping The Disclosure Tort: A History Of Scholars' Early Importance And Modern Impotence, Jared A. Wilkerson
Shaping The Disclosure Tort: A History Of Scholars' Early Importance And Modern Impotence, Jared A. Wilkerson
Jared A. Wilkerson
Legal scholars have rarely encountered an area such as common law privacy, in which they had a guiding hand over the course of seventy-five years (1890–1965). Since then, however, scholars’ attempts to modify Prosser’s disclosure tort have failed. This article chronicles the early and potent scholarly influence from Warren and Brandeis to Hand, Pound, and Prosser. It continues with recent academic attempts to modify the disclosure tort, none of which has affected the narrow cause of action last touched by Prosser in the Restatement (Second). The article shows that, notwithstanding enormous efforts by some of America’s most respected scholars, would-be …
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Women's Legal History Symposium Introduction: Making History, Felice J. Batlan
Felice J Batlan
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.
Bad News For John Marshall, David B. Kopel, Gary Lawson
Bad News For John Marshall, David B. Kopel, Gary Lawson
David B Kopel
In Bad News for Professor Koppelman: The Incidental Unconstitutionality of the Individual Mandate, we demonstrated that the individual mandate’s forced participation in commercial transactions cannot be justified under the Necessary and Proper Clause as the Clause was interpreted in McCulloch v. Maryland. Professor Andrew Koppelman’s response, Bad News for Everybody, wrongly conflates that argument with a wide range of interpretative and substantive positions that are not logically entailed by taking seriously the requirement that laws enacted under the Necessary and Proper Clause must be incidental to an enumerated power. His response is thus largely unresponsive to our actual arguments.