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Articles 1 - 17 of 17
Full-Text Articles in Legal History
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle
Articles in Law Reviews & Other Academic Journals
This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Panel 1: Prison Reform In The United States And Abroad, Brenda V. Smith, William Hellerstein, Deborah Labelle, Juan E. Mendez
Presentations
Professor Emeritus Herman Schwartz’s distinguished career has focused attention on the cause of human rights, civil liberties, and the rule of law. From the UN to Helsinki Watch, and from Israel and Eastern Europe to the United States, his work on emerging democracies, constitutional reform, and rule of law has inspired a generation of students, scholars, and practitioners to engage in this important work. Join us for a symposium on prison reform, comparative constitutionalism, voting rights, and human rights in Israel, with experts, activists, and academics in celebration of his contributions.
A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings
A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings
Articles in Law Reviews & Other Academic Journals
This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …
Ethics And The History Of Social Movement Lawyering, Susan Carle
Ethics And The History Of Social Movement Lawyering, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
Articles in Law Reviews & Other Academic Journals
Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Foreword: A Symposium Exploring The Modern Legacy Of William Jennings Bryan, Susan Franck
Articles in Law Reviews & Other Academic Journals
William Jennings Bryan, known as "The Great Commoner," is one of the most controversial lawyers to hail from Nebraska.' While he may be best-known as a failed three-time Democratic nominee for U.S. President and the legal defender of creationism at the Scopes Monkey Trial, fundamental aspects of Bryan's life have been overlooked.
In a new biography, A Godly Hero: The Life of William Jennings Bryan, Professor Michael Kazin re-evaluates Bryan's legacy and charges us to consider the profound impact Bryan had upon the political, economic and legal reality of the United States. The book has been the subject of controversy. …
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Langdell Upside-Down: James Coolidge Carter And The Anticlassical Jurisprudence Of Anticodification, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Why Care About The History Of Women In The Legal Profession, Mary Clark
Why Care About The History Of Women In The Legal Profession, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Women As Supreme Court Advocates, 1879-1979, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle
How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle
Articles in Law Reviews & Other Academic Journals
INTRODUCTIONThe Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law practice? …
The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel
The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Extending The Revisionist Project, Lewis Grossman
Extending The Revisionist Project, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Women In Law, Susan Carle
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
The First Women Members Of The Supreme Court Bar, 1879-1900, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
The Civil Opinions Of Judge Phyllis A. Kravitch: A Tribute, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.