Law Commons^™

Legal Writing: A History From The Colonial Era To The End Of The Civil War, David R. Cleveland

Law Faculty Publications

No abstract provided.

Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan

Law Faculty Publications

Book Review of Witches, Wife Beaters, and Whores: Common Law and Common Folk in Early America by Elaine Forman Crane

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Law Faculty Publications

Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.

Book Review: Long Before Stonewall: Histories Of Same-Sex Sexuality In Early America, John R. Pagan

Law Faculty Publications

Book review of Long Before Stonewall: Histories of Same-Sex Sexuality in Early America by Thomas A. Foster

The Supreme Court: A Unique Institution, John Paul Jones

Law Faculty Publications

Established by the U.S. Constitution in 1789, the Supreme Court is both the final arbiter of significant legal cases and the prevailing authority on the constitutionality of individual laws. While the Constitution specifies the Court's original jurisdiction, it does not spell out how the Court should conduct its business, or even the number of justices who should serve on the Court or what their qualifications should be. Thus, the Founding Fathers provided a High Court for the nation with the adaptability to respond to the needs of its citizens.

The Federalism Pendulum, Ronald J. Bacigal

Law Faculty Publications

Following Franklin's example, this essay takes a protracted view of the federalization of criminal procedure. It is important to review how the federalism pendulum has swung over the years to reflect concepts of what the Constitution was meant to mean, what it has come to mean, and what it ought to mean.

The Business Of The Supreme Court Revisited, John Paul Jones

Law Faculty Publications

Nearly seventy years after its publication, Prof. Jones revisits Felix Frankfurter and James McCauley Landis' seminal 1928 book.

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …