Legal History Commons^™

The Principle And Practice Of Women's "Full Citizenship": A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Michigan Law Review

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance. Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s) or perpetuate[s) the legal, social, …

An Outcomes Analysis Of Scope Of Review Standards, Paul R. Verkuil

Articles

No abstract provided.

The Opinion Volume 41 Issue 2 – November 25, 2002, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 25, 2002

The Opinion Volume 41 Issue 1 – October 23, 2002, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 23, 2002

Race And The Development Of Law In America: Introduction To The Symposium, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Reparations Theory And Postcolonial Puerto Rico: Some Preliminary Thoughts, Pedro A. Malavet

UF Law Faculty Publications

This article primarily focuses on the plight of the Puerto Ricans on the island because, in addition to their flawed social construction by the United States and lack of national political power, they are also legally constructed as second-class citizens. In defining the legal rights of Puerto Ricans, the U.S. Supreme Court has held that territorial citizens are entitled to fewer constitutional protections than U.S. citizens residing in any of the fifty states. The racist and essentialist social construction of the Puerto Ricans as inassimilable, the denial of legal rights by the courts, along with the democratic deficit which deprives …

Out Of The Frying Pan And Into The Fire: The Emergence Of Depublication In The Wake Of Vacatur, Eugene R. Anderson, Mark Garbowski, Daniel J. Healy

The Journal of Appellate Practice and Process

No abstract provided.

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Cornell Law Faculty Publications

By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …

A Jackson Portrait For Jamestown, "A Magnet In The Room", John Q. Barrett

Buffalo Law Review

No abstract provided.

Legitimacy And The Right Of Revolution: The Role Of Tax Protests And Anti-Tax Rhetoric In America, Marjorie E. Kornhauser

Buffalo Law Review

No abstract provided.

The End Of The Hudson Valley's Peculiar Institution: The Anti-Rent Movement's Politics, Social Relations, & Economics, Eric Kades

Faculty Publications

No abstract provided.

Legal Orientalism, Teemu Ruskola

Michigan Law Review

Fifty years ago comparative law was a field in search of a paradigm. In the inaugural issue of the American Journal of Comparative Law in 1952, Myres McDougal remarked unhappily, "The greatest confusion continues to prevail about what is being compared, about the purposes of comparison, and about appropriate techniques." In short, there seemed to be very little in the field that was not in a state of confusion. Two decades later, referring to McDougal's bleak assessment, John Merryman saw no evidence of progress: "few comparative lawyers would suggest that matters have since improved." And only a few years ago, …

"Seperation": From Epithet To Constitutional Norm, Marci A. Hamilton

Articles

No abstract provided.

Marbury And Judicial Deference: The Shadow Of Whittington V. Polk And The Maryland Judiciary Battle, Jed Handelsman Shugerman

Faculty Scholarship

On the 200th anniversary of Whittington and approaching the 200th anniversary of Marbury, this article revisits these two decisions and challenges legal scholars' assumptions that they were such strong precedents for judicial review.⁵ When one takes into account the broader contexts, both decisions were in fact judicial capitulations to aggressive legislatures and executives. The Maryland General Court asserted its judicial supremacy only in dicta, and the court failed to enforce judicial supremacy when it was legally justified. This article picks apart the court's reasoning step by step, using Whittington to illuminate Marbury and Marbury to illuminate Whittington. …

Important Lessons From History, Wendy Brown-Scott

Buffalo Human Rights Law Review

Book review of Mark Curriden & Leroy Phillips, Jr.'s Contempt of Court: The Turn-Of-The_Century Lynching That Launched A hundred Years Of Federalism

Erins On The Erie: A Historical Labor Study, Ryan Patrick Hanna

Buffalo Human Rights Law Review

No abstract provided.

Some Effects Of Identity-Based Social Movements On Constitutional Law In The Twentieth Century, William N. Eskridge Jr.

Michigan Law Review

What motivated big changes in constitutional law doctrine during the twentieth century? Rarely did important constitutional doctrine or theory change because of formal amendments to the document's text, and rarer still because scholars or judges "discovered" new information about the Constitution's original meaning. Precedent and common law reasoning were the mechanisms by which changes occurred rather than their driving force. My thesis is that most twentieth century changes in the constitutional protection of individual rights were driven by or in response to the great identity-based social movements ("IBSMs") of the twentieth century. Race, sex, and sexual orientation were markers of …

Joining Forces: The Role Of Collaboration In The Development Of Legal Thought, Tracey E. George, Chris Guthrie

Vanderbilt Law School Faculty Publications

For every reason to believe that collaboration has been influential... there is a countervailing reason to believe that it has played a minor role in the evolution of legal thought. It may be easy to bring to mind a handful of prominent collaborations, but most law review articles seem to be written by one author (notwithstanding their lengthy acknowledgment footnotes, suggesting that even single-author works are shaped by the insights and input of multiple scholars). And while it is true that legal scholars often collaborate on their practically oriented works, scholarly articles might not be well suited to collaboration.

Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins

University of Michigan Journal of Law Reform

In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …

The Sounds Of Silence: Waiting For Courts To Acknowledge That Public Policy Justifies Awarding Damages To Third-Party Claimants When Liability Insurers Deal With Them In Bad Faith, Francis J. Mootz Iii

Nevada Law Journal

No abstract provided.

Interpretation Or Regulation? Gaunt V. John Hancock Mutual Life Insurance Company, Kenneth S. Abraham

Nevada Law Journal

No abstract provided.

Lachs V. Fidelity & Casualty Co. Of New York: Timeless And Ahead Of Its Time, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Classic Insurance Law In A Postmodern World, Leo P. Martinez

Nevada Law Journal

No abstract provided.

Judicial Broken-Field Running Perl V. St. Paul Fire & Marine Ins. Co., John F. Dobbyn

Nevada Law Journal

No abstract provided.

The Nonprofit Sector And The New State Activism, Mark Sidel

Michigan Law Review

The burgeoning field of nonprofit and philanthropic law has a new and superb history in Norman Silber's pathbreaking A Corporate Form of Freedom: The Emergence of the Nonprofit Sector. In confronting "the history of efforts to control the creation and permissible purposes for nonprofit corporations by states, and ... the relocation of these efforts to the Internal Revenue Service" (p. 5), Professor Silber effectively deliniates the rich history of our ambiguous, often conflicted attempts to regulate the American nonprofit sector, and points clearly to the ways in which history influences the current complexities of state regulation. From a discredited …

Freedom Of Contract And Freedom Of Person: A Brief History Of “Involuntary Servitude” In American Fundamental Law, Robert J. Steinfeld

Contributions to Books

Published as Chapter 14 in Republicanism and Liberalism in America and the German States, 1750–1850, Jürgen Heideking, James A. Henretta & Peter Becker, eds.

Liberal ideas are normally taken to have played an important role in the development of free markets, and of free labor based on contract in those markets. A closer look at labor regimes in the nineteenth century, however, reveals that liberal commitments to freedom did not straightforwardly produce what we today would think of as free labor. Just as often they produced a form of coerced contractual labor. And this was quite simply because liberal commitments …

The Supreme Court Of Canada: Its History, Powers And Responsibilities, Frank Iacobucci

The Journal of Appellate Practice and Process

No abstract provided.

Objective Analysis Of Advocacy Preferences And Prevalent Mythologies In One California Appellate Court, Charles A. Bird, Webster Burke Kinnaird

The Journal of Appellate Practice and Process

No abstract provided.

Appellate Review Of Multi-Claim General Verdicts: The Life And Premature Death Of The Baldwin Principle, Ryan Patrick Phair

The Journal of Appellate Practice and Process

No abstract provided.

Spring 2002

Bill of Particulars

No abstract provided.