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Articles 61 - 90 of 172
Full-Text Articles in Legal History
Book Review: Witches, Wife Beaters, And Whores: Common Law And Common Folk In Early America, John R. Pagan
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
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein
University of Richmond Law Review
No abstract provided.
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Richmond Journal of Law and the Public Interest
This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …
Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones
Review Of George Athan Billias, American Constitutionalism Heard Round The World, 1776-1989: A Global Perspective., John Paul Jones
Law Faculty Publications
No abstract provided.
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson
Richmond Public Interest Law Review
This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …
Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell
Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell
Law Faculty Publications
Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
Failed Constitutional Metaphors: The Wall Of Separation And The Penumbra, Louis J. Sirico Jr.
University of Richmond Law Review
No abstract provided.
On Equality: The Anti-Interference Principle, Donald J. Kochan
On Equality: The Anti-Interference Principle, Donald J. Kochan
University of Richmond Law Review
This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
Putting Rationality Back Into The Rational Basis Test: Saving Substantive Due Process And Redeeming The Promise Of The Ninth Amendment, Jeffrey D. Jackson
University of Richmond Law Review
This article argues for the adoption of a strengthened rational basis test that would allow courts to scrutinize the actual purpose behind legislation and demand that the legislation actually be reasonably related to its valid legislative purpose. Part II looks at the question of why it is desirable to save substantive due process rather than replace it with some other doctrine. Part III examines how substantive due process came to be the dominant form of protection for unenumerated rights, and how it has evolved from its antecedents in English law to the current test. It concludes that substantive due process …
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
University of Richmond Law Review
No abstract provided.
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
University of Richmond Law Review
This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors' conclusions.
Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly
Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly
University of Richmond Law Review
No abstract provided.
Dilemmas Of Modernity: Bolivian Encounters With Law And Liberalism (Book Review), Jan Hoffman French
Dilemmas Of Modernity: Bolivian Encounters With Law And Liberalism (Book Review), Jan Hoffman French
Sociology and Anthropology Faculty Publications
Recent scholarship on Bolivia has focused primarily on indigenous rights, multiculturalism, political and cultural issues surrounding the growing of coca, and the election of Evo Morales. Mark Goodale's project is different. By taking a "telescopic" view, Goodale steps away from ethnographic detail in a remote district of Bolivia to examine the sweep of "liberal legality" since independence in 1825. Setting the stage, Goodale takes the position that neither neoliberal economic policies of the 1980s nor the election of Morales are breaks with the past. Rather, the "patterns of intention" initiated with the early constitutions of the new republic, the ethos …
Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen
Energy Independence And Climate Change: The Economic And National Security Consequences Of Failing To Act, Mark E. Rosen
University of Richmond Law Review
This article draws heavily from the works of the CNA MAB, namely the twin and interrelated challenges arising from imprudent reliance on fossil fuels by developed and developing countries, as well as the serious environmental and national security"externalities" that directly result from current consumptive trends.
The Origin Of Citizen Genet’S Projected Attack On Spanish Louisiana: A Case Study In Girondin Politics, Jud Campbell
The Origin Of Citizen Genet’S Projected Attack On Spanish Louisiana: A Case Study In Girondin Politics, Jud Campbell
Law Faculty Publications
In 1792 the Girondin ministry decided to send Edmond Genet to the United States with plans to recruit western frontiersmen and invade Spanish Louisiana. The episode is well known in American history, but the literature on its French origin is sparse and overemphasizes the contribution of revolutionary leader Jacques- Pierre Brissot. This essay contextualizes the French decision within the debate between Brissot, Minister of Foreign Affairs Pierre Lebrun, and General Charles-François Dumouriez over whether France should send troops against Spanish colonies in South America. The essay argues that Lebrun promoted the western scheme in order to attack Spanish interests without …
Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Thomas G. Donnelly
Our Forgotten Founders: Reconstruction, Public Education, And Constitutional Heroism, Thomas G. Donnelly
Law Faculty Publications
Works on the Founding generation consistently inhabit national bestseller lists. For instance, David McCullough’s book 1776 placed fifth on Publishers Weekly’s 2005 list, beating out pop culture favorites Blink and Freakonomics. Over the last decade, other similarly successful titles have included His Excellency, Founding Brothers, and John Adams. In fact, McCullough’s hagiographic biography of our nation’s second President was later transformed into an Emmy Award-winning mini-series on HBO—to say nothing of President Obama’s decision to add it to his 2009 summer reading list. In short, Americans revere their eighteenth-century Founders. ...
The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson
The Detention Of Suspected Terrorists In Northern Ireland And Great Britain, Brice Dickson
University of Richmond Law Review
No abstract provided.
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
Institutional Legitimacy And Counterterrorism Trials, Gregory S. Mcneal
University of Richmond Law Review
No abstract provided.
Book Review: The Cambridge History Of Law In America Vol. 1: Early American (1580-1815), William Hamilton Bryson
Book Review: The Cambridge History Of Law In America Vol. 1: Early American (1580-1815), William Hamilton Bryson
Law Faculty Publications
The book under review is a survey of the influence of law on mainland British North America up to about 1815.
Neo-Colonialism, Same Old Racism: A Critical Analysis Of The United States' Shift Toward Colorblindness As A Tool For The Protection Of The American Colonial Empire And White Supremacy, Marissa Jackson Sow
Neo-Colonialism, Same Old Racism: A Critical Analysis Of The United States' Shift Toward Colorblindness As A Tool For The Protection Of The American Colonial Empire And White Supremacy, Marissa Jackson Sow
Law Faculty Publications
In the 1950s, Franz Fanon boldly asserted: "There is a fact: White men consider themselves superior to black men." Over five decades later, a majority of white Americans would deny this, but such heartfelt denials are often betrayed by social realities. The difficulties many African Americans experience in their private lives because of their racial identities became a topic of public debate during the course of Barack Obama' s historic candidacy for President of the United States. Then-Senator Obama was largely dismissive of the racism directed toward him during his campaign, and often refused to combat it in a straightforward …
Popular Constitutionalism, Civic Education, And The Stories We Tell Our Children, Thomas G. Donnelly
Popular Constitutionalism, Civic Education, And The Stories We Tell Our Children, Thomas G. Donnelly
Law Faculty Publications
This Note analyzes a set of constitutional stories that has not been the subject of focused study—the constitutional stories we tell our schoolchildren in our most widely used high school textbooks. These stories help reinforce a constitutional culture that is largely deferential to the Supreme Court, limiting references to popular resistance to the Court and often linking such popular resistance to the actions of self-interested politicians, at best, and historical villains, at worst. Our textbooks are especially critical of blunt institutional checks on the Court (like judicial impeachment and “court-packing”), but are sometimes receptive to subtler, longer-term checks (like social …
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.
University of Richmond Law Review
No abstract provided.
Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget
Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget
University of Richmond Law Review
This comment will evaluate the criticism of Gebser in two novelways, now that ten years have passed since the Supreme Court issued the decision. Part II will provide pertinent background information on Title IX. Part III will identify the problem sexual harassment in educational institutions poses for this country's youth. Part IV will discuss the development of Title IX sexual harassment jurisprudence, including the Gebser decision. Part V will address the foundation of the criticism fired at Gebser's adoption of an actual notice and deliberate indifference standard of institutional liability from two fresh perspectives. First, the policybehind agency principals will …
The French Intrigue Of James Cole Mountflorence, Jud Campbell
The French Intrigue Of James Cole Mountflorence, Jud Campbell
Law Faculty Publications
In July 1793, less than three months after President George Washington had declared the United States impartial toward the conflict raging in Europe, French Minister Edmond-Charles-Edouard Genet tested America's incipient neutrality. With instructions from his government, Genet armed a French privateer in Philadelphia and simultaneously launched an offensive against Spanish Louisiana using disaffected American pioneers. The episode began on July 5, when Genet shared the French plans for western invasion in a private meeting with Secretary of State Thomas Jefferson. Ten days later Genet's agents departed for Kentucky to rendezvous with American Revolutionary War hero George Rogers Clark. The effort, …
A Surprising Book, David G. Epstein
A Surprising Book, David G. Epstein
Law Faculty Publications
Review of 1910 book, American Law & Procedure, Volume 1, edited by James Parker Hall.
The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash
The Inescapable Federalism Of The Ninth Amendment, Kurt T. Lash
Law Faculty Publications
Over the past two decades, the most influential work on the Ninth Amendment has been that of libertarian scholar Randy Barnett. Over a series of articles and books, Barnett has presented the Ninth as a provision originally intended to preserve individual natural rights. Recently uncovered historical evidence, however, suggests that the Ninth originally limited federal power in order to preserve the right to local self-government. I presented this evidence in two articles published by the Texas Law Review, the first dealing with the original meaning of the Ninth Amendment, and the second dealing with a heretofore lost jurisprudence of the …
On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash
On Federalism, Freedom, And The Founders' View Of Retained Rights - A Reply To Randy Barnett, Kurt T. Lash
Law Faculty Publications
In A Textual-Historical Theory of the Ninth Amendment, 60 Stanford Law Review, I explain how some of the most common theories of the Ninth Amendment either have nothing to do with the actual text of the Amendment or place the text in conflict with similar terms in the Tenth Amendment. Focusing on the actual words of the Amendment, I argue that the text of the Ninth point towards a federalist rule of construction in which the people's retained rights are necessarily left to the control of the collective people in the several states. I also explain how this reading fits …
Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait
Family Model And Mystical Body: Witnessing Gender Through Political Metaphor In The Early Modern Nation-State, Allison Anna Tait
Law Faculty Publications
The preferred political metaphor in the constitutionalist context was the mystical political body, a concept that defined a system in which power was shared and the well-being of the community was linked to the well-being of the individual. Within the mystical political body, the theoretical possibility exists for women not only to occupy a civic space through organic (and organological) association but also to articulate their perspective and its consequences for the political community in a civically approved way. In the mystical body, women approach a citizenship status impossible within the traditional family framework and their witnessing is closely associated …
The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard
The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard
University of Richmond Law Review
No abstract provided.
Social Justice And The Law, Elaine R. Jones
Social Justice And The Law, Elaine R. Jones
University of Richmond Law Review
No abstract provided.