Legal History Commons^™

The Joseph And Edythe Jackier Rare Book Room: The Invention Of Printing And The Common Law Tradition, A. W. Brian Simpson

Law Library Publications

An account of the books included in the dedicatory exhibit at the Joseph and Edythe Jackier Rare Book Room, April 14 1996.

Doubting Thomas: Confirmation Veracity Meets Performance Reality, Joyce A. Baugh, Christopher E. Smith

Seattle University Law Review

At the close of the United States Supreme Court's 1994 term, Justice Clarence Thomas became the center of news media attention for his important role as a prominent member of the Court's resurgent conservative bloc. More frequently than in past terms, Thomas's opinions articulated the conservative position for his fellow Justices. According to one report, "The newly energized Thomas has shown little hesitancy this term in leading the conservative charge. Another article referred to Thomas's "full-throated emergence as a distinctive and articulate judicial voice." Thomas's new prominence, assertiveness, and visibility have been attributed to his emergence from the shadows of …

The Denial Of A State Constitutional Right To Bail In Juvenile Proceedings: The Need For Reassessment In Washington State, Kathleen A. Baldi

Seattle University Law Review

Article I, section 20 of the Washington Constitution states that "[a]ll persons charged with crimes shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great." Despite seemingly unequivocal language that this constitutional provision is applicable to "all persons," the Washington Supreme Court, in Estes v. Hopp, declared that juveniles do not have a constitutional right to bail. The Estes court engaged in little constitutional analysis, but instead, reasoned that juvenile proceedings are civil in nature and that article 1, section 20 applies only in criminal proceedings. Central to the Estes …

“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell

Law Faculty Scholarly Articles

In January 1996 a panel of the American Bar Association released a report concluding that "discrimination continues to permeate the structures, practices and attitudes of the legal profession." It has been a long journey in women's efforts to obtain equity in both law schools and in the legal profession generally. This article is composed of two interviews with University of Kentucky College of Law graduates: Norma Boster Adams (’52) and Annette McGee Cunningham (’80). Twenty-eight years separated Norma Adams and Annette Cunningham at the College of Law. They faced different obstacles and chose varied paths to success. While each can …

The Rise And Fall Of The Chacoan State, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Quality Of Mercy Must Be Restrained, And Other Lessons In Learning To Love The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

In the remarks that follow, I do four things. First, for those unfamiliar with the Federal Sentencing Guidelines, I begin by explaining briefly how the Guidelines work. Second, I endeavor to show why Judge Cabranes is wrong, absolutely wrong in declaring the Guidelines a failure, and mostly wrong in the specific criticisms he and others level against the Guidelines. Third, after jousting with Judge Cabranes a bit, I discuss some problems with the current federal sentencing system, most notably the sheer length of narcotics sentences. Finally, I comment briefly on some of the implications of the Guidelines, and the principles …

Marbury's Travail: Federalist Politics And William Marbury's Appointment As Justice Of The Peace, David F. Forte

Law Faculty Articles and Essays

This Article describes how Marbury, the youngest son of an impoverished remnant of a well-known family, elbowed his way to wealth and influence among the Maryland gentry. Further, this Article illuminates Marbury's choice between the two wings of the Federalist party in Maryland - the Hamiltonian elite and the Adams' loyalists - and how Marbury's partisan service brought him to a position earning Thomas Jefferson's disdain and rebuff. In the end, Marbury's appointment and rejection derived from the very different characters of John Adams and Thomas Jefferson.

Democracy And Feminism , Tracy E. Higgins

Faculty Scholarship

Although feminist legal theory has had an important impact on most areas of legal doctrine and theory over the last two decades, its contribution to the debate over constitutional interpretation has been comparatively small. In this Article, Professor Higgins explores reasons for the limited dialogue between mainstream constitutional theory and feminist theory concerning questions of democracy, constitutionalism, and judicial review. She argues that mainstream constitutional theory tends to take for granted the capacity of the individual to make choices, leaving the social construction of those choices largely unexamined. In contrast, feminist legal theory's emphasis on the importance of constraints on …

What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus

UIC Law Review

No abstract provided.

The Death Penalty And The Interstate Agreement On Detainers Act: A Proposal For Change, 29 J. Marshall L. Rev. 499 (1996), Edward G. Hild

UIC Law Review

No abstract provided.

Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff

UIC Law Review

No abstract provided.

Ladies In Red: Learning From America's First Female Bankrupts, Marie Stefanini Newman

Elisabeth Haub School of Law Faculty Publications

Several years ago, the Honorable Joyce Bihary, a bankruptcy judge in Atlanta, Georgia, asked me3 why our country's first bankruptcy law specifically referred to debtors using “he” or “she” rather than a gender-neutral noun (such as “bankrupts”) or the male possessive pronoun “he.” Implicitly, she was also asking whether there were any women debtors under our early bankruptcy laws. Although I had read the Bankruptcy Act of 1800 more than once, I did not recollect its use of these gender-inclusive pronouns. Nor did I know why the Act employed them. Despite having given considerable thought to contemporary women in debt, …

The Struggle Over The Past, Robert W. Gordon

Cleveland State Law Review

History supplies a set of basic ground rules; the "traditional principles of the common law," from which much modem law, both judge-made and statutory law, is seen as having improperly deviated. As the New Right ideology spreads among elite decision-makers and intellectuals, it poses a serious challenge to the Progressive-liberal consensus about the legal meanings of history that had previously dominated American legal thought for a very long time. The historical claims of New Right ideology in particular have touched off a number of fierce debates among Old (Progressive) Liberal, New Right, and radical legal intellectuals. In Section II, the …

The Warren Court And Criminal Justice, Yale Kamisar

Book Chapters

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda.

Challenges In Judging: Some Insights From The Writings Of Moses, Gordon J. Beggs

Cleveland State Law Review

Starting with the idea that Judeo-Christian principles played a significant role in the development of American legal ethics, the author uses the writings of Moses as a lens to examine some challenges in judging. Moses authored the first five books of the Old Testament known as the Pentateuch or books of the law-Genesis, Exodus, Leviticus, Numbers, and Deuteronomy. The author begins by suggesting a caveat and an approach to interpretation. When examining the writings of Moses, we are not necessarily seeking a literal application. He suggests instead, that when looking at the writings of Moses, three questions should be answered: …

Straying From The Path Of The Law After One Hundred Years, The, Tracy E. Higgins

Faculty Scholarship

What common ground can be found between modern feminist legal theory and a century-old essay advocating understanding the law from the perspective of the "bad man"? The question admits of no simple answer. Feminists, including myself, might agree with some irony that "[i]f you want to know the law and nothing else, you must look at it as a bad man" but would add that this is precisely the problem. Of course, Holmes does not use the concept of the bad man in a feminist sense to suggest that the law empowers the bad man at the expense of women. …

The Carpenter And The Crocodile, Garrett Power

Faculty Scholarship

Pre-revolutionary Baltimore Town grew rapidly in commerce and population. Its harbor on the Chesapeake Bay served a larger trading area than any other American seaport at the time. In the 17770s two young fortune seekers - Leonard Harbaugh, carpenter and Christopher Hughes, silversmith - arrived in Baltimore from Ireland. This paper explores the role that each played in developing Baltimore's physical, monetary and legal landscape.

Public Research And Private Development: Patents And Technology Transfer In Government-Sponsored Research, Rebecca S. Eisenberg

Articles

This article revisits the logical and empirical basis for current government patent policy in order to shed light on the competing interests at stake and to begin to assess how the system is operating in practice. Such an inquiry is justified in part by the significance of federally-sponsored research and development to the overall U.S. research effort. Although the share of national expenditures for research and development borne by the federal government has declined since 1980, federal funding in 1995 still accounted for approximately thirty-six percent of total national outlays for research and development' and nearly fifty-eight percent of outlays …

Term Limits On Original Intent--An Essay On Legal Debate And Historical Understanding, Polly J. Price

Faculty Articles

This Essay is divided into five Parts. Part I sets the stage for the historical debate by evaluating the text of the Qualifications Clauses as well as the limited evidence of what the Framers and the ratifiers thought about these provisions. Part II shows that many states, immediately after the federal Constitution was ratified, behaved as though the Qualifications Clauses did not prevent them from adding qualifications for congressional office-holding. Part III compares this early evidence of state behavior with a debate in Congress after the Civil War concerning the meaning of the Qualifications Clauses. Part IV returns to the …

The Aall And Its Government Relations Program: Part I And Ii, Timothy L. Coggins

Law Faculty Publications

The Government Relations Policy [hereinafter Policy] of the AALL outlines the objectives of its government relations program. The Policy emphasizes that a primary goal of this Association's program is to ensure timely and equitable access to government and legal information. This Policy represents the views of an association with more than 5,000 members who provide law library services to government officials, the bench, the bar, legal scholars and the public in nearly 1,900 libraries. AALL, its members and its users are affected by a broad span of public policy concerns "ranging from the development of the National Information Infrastructure and …

Truth Verifiers: From The Hot Iron To The Lie Detector, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

A Nonoriginalist Perspective On The Lessons Of History, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Specific Agreements About Race: A Response To Professor Sunstein, Sheri Johnson

Cornell Law Faculty Publications

No abstract provided.

The Triumph Of Gilmore's The Death Of Contract, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

Introduction, The Sesquicentennial Of The 1848 Seneca Falls Women's Rights Convention: American Women's Unfinished Quest For Legal, Economic, Political, And Social Equality, Carolyn S. Bratt

Law Faculty Scholarly Articles

On July 19, 1998, America celebrated the 150th anniversary of the Seneca Falls Convention. Almost three hundred women and men including Lucretia Mott, Elizabeth Cady Stanton, and Frederick Douglass met on that July date in 1848 at Seneca Falls, New York, for a two-day discussion of the "social, civil and religious rights of woman." At the conclusion of the meeting, sixty-eight women and thirty-two men signed their names to a Declaration of Sentiments and this country's organized women's rights movement began. The Declaration of Sentiments was the earliest, systematic, public articulation in the United States of the ideas that fuel …

Cabining The Constitutional History Of The New Deal In Time, G. Edward White

Michigan Law Review

A Review of William E, Leuchtenburg, The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt

Possession, Witchcraft, And The Law In Jacobean England, Brian P. Levack

Washington and Lee Law Review

No abstract provided.

Plessy V. Ferguson – 100 Years Later, Hon. John Minor Wisdom

Washington and Lee Law Review

No abstract provided.

The Supreme Court In United States History: A New Appreciation, Michael Allan Wolf

Law Faculty Publications

From a perspective long removed in terms of time and experience, I can still recall my first encounter with Charles Warren's Pulitzer Prize winner that still serves as the standard institutional history of the Court. My undergraduate constitutional history professor and I were engaged in a lively discussion concerning the nature of sovereignty and states' rights in the wake of the Union victory in the Civil War.He pulled from an office shelf a well-worn volume from his set of Warren's time-honored narrative. ...

The Relevance Of The Framers’ Intent, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Ever since the revival of interest in originalism that occurred in the 1980s, critics have 'charged that for a variety of reasons it is impractical, if not impossible, to determine the Framers' intentions. In addition, they argue that we today should not be bound by the intentions of a few men who lived and died over two-hundred years ago. In sum, adherence to original intent is rejected as being impractical, unjust, or both.

In this article, the author argues that we cannot assess either the practicality or the justice of discerning original intent without first asking why it is we …