Legal History Commons^™

Civil Rights And Civil Liberties In A Crisis: A Few Pages Of History, Thomas E. Baker

Faculty Publications

Tribute to Judge Procter Hug of the United States Court of Appeals for the 9th Circuit, based on a talk adapted from Thomas E. Baker's At War With the Constitution: A History Lesson from the Chief Justice, 14 BYU J. Pub.L. 69 (1999).

It is but a truism that the powers of the government are greatest when the Nation is at war. All of our wartime Commanders-in-Chief have conducted themselves based on this belief. For its part, the Supreme Court has acquiesced in draconian measures undertaken by the Executive that would not be permitted during peacetime. The lasting problem …

Uncertain Waters And Contested Lands: Excavating The Layers Of Colorado’S Legal Past, 73 University Of Colorado Law Review 521 (Spring 2002), Tom I. Romero

Sturm College of Law: Faculty Scholarship

No abstract provided.

Effectuating Censorship: Civic Republicanism And The Secondary Effects Doctrine, 35 J. Marshall L. Rev. 189 (2002), Brandon K. Lemley

UIC Law Review

No abstract provided.

"Just Like One Of The Family": Domestic Violence Paradigms And Combating On-The-Job Violence Against Household Workers In The United States, Kristi L. Graunke

Michigan Journal of Gender & Law

This Article argues that the immense problem of on-the-job abuse experienced by domestic workers demands a multifaceted plan of attack. The proposed responses specifically draw upon the capacities, strengths, and resources of women, particularly comparatively privileged women, as both activists and employers of domestic workers. By describing the circumstances of domestic work in the United States from the nation's inception to the present, Part I demonstrates the prevalence and intractability of on-the-job physical and sexual abuse and argues that other women, as employers of domestic workers, have historically played a complex role in participating in, condoning, or failing to acknowledge …

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Extending The Revisionist Project, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

James Coolidge Carter And Mugwump Jurisprudence, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

This article examines the thought of James Coolidge Carter, a leading legal theorist, practicing attorney, and political reformer of the Gilded Age, most famous for his resistance to codification. Carter, like many elite legal figures in the late nineteenth century, belonged to the genteel urban political culture known as the Mugwumps. I show how Carter's suspicion of legislators, his faith in courts, his equation of the common law with custom, and his condemnation of legislation inconsistent with custom, reflected his Mugwump world view. I also explore how Carter, like other Mugwumps, struggled to accommodate traditional modes of thought to the …

...A Rendezvous With Kreplach: Putting The New Deal Court In Context, Richard D. Friedman

Reviews

The Supreme Court of the New Deal era continues to captivate lawyers and historians. Constitutional jurisprudence changed rapidly during the period. Moreover, some of the most significant changes seemed--whatever the reality--to result from pressure imposed in 1937 by President Franklin Roosevelt's plan to pack the Court. The structure of constitutional law that emerged within a few years of Roosevelt's death remains intact in significant respects today.

Lawyers And Decisions: A Model Of Practical Judgment, Alexander Scherr

Villanova Law Review (1956 - )

No abstract provided.

Kentucky Taxation Of Banking Institutions (1802-1996): An Historical Overview, Timothy J. Eifler

Kentucky Law Journal

No abstract provided.

A Reminder: The Constitutional Values Of Sympathy And Independence, Robert G. Natelson

Kentucky Law Journal

No abstract provided.

One Small Step For Women: Female-Friendly Provisions In The Rome Statute Of The International Criminal Court, Rana R. Lehr-Lehnardt

Faculty Works

No abstract provided.

The Trial Of Socrates, Douglas O. Linder

Faculty Works

The trial and execution of Socrates in Athens in 399 B.C.E. puzzles historians. Why, in a society enjoying more freedom and democracy than any the world had ever seen, would a seventy-year-old philosopher be put to death for what he was teaching? The puzzle is all the greater because Socrates had taught - without molestation - all of his adult life. What could Socrates have said or done than prompted a jury of 500 Athenians to send him to his death just a few years before he would have died naturally? Finding an answer to the mystery of the trial …

Historical Revisionism And Constitutional Change: Understanding The New Deal Court, 88 Va. L. Rev. 265 (2002), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Business Of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy Of Justice George Sutherland, 10 Wm. & Mary Bill Rts. J. 249 (2002), Samuel R. Olken

UIC Law Open Access Faculty Scholarship

In The Business of Expression: Economic Liberty, Political Factions And The Forgotten First Amendment Legacy of Justice George Sutherland, Samuel Olken traces the dichotomy that emerged in constitutional law in the aftermath of the Lochner era between economic liberty and freedom of expression. During the 1930s, while a deeply divided United States Supreme Court adopted a laissez faire approach to economic regulation, it viewed with great suspicion laws that restricted the manner and content of expression. During this period, Justice George Sutherland often clashed with the majority consistently insisting that state regulation of private economic rights bear a close and …

Book Review | John Evangelist Walsh, Moonlight: Abraham Lincoln And The Almanac Trial (2000), Richard H. Underwood

Law Faculty Scholarly Articles

A book review of Moonlight: Abraham Lincoln and the Almanac Trial, written by John Evangelist Walsh, and published in 2000.

Not Because They Are Brown, But Because Of Ea*: Why The Good Guys Lost In Rice V. Cayetano, And Why They Didn't Have To Lose, Gavin Clarkson

Michigan Journal of Race and Law

Part II of this Article therefore reviews the history of Native Hawaiians in the broader context of the history of federal Indian law, focusing on the vacillating congressional policies regarding Indians and how those policies almost always treated Indian tribes as political entities rather than ethnic communities. Part III reviews and analyzes the procedural history of the Rice case and its resolution by the Supreme Court. Part IV concludes with the argument that constitutionally-permissible alternative methodologies exist for accomplishing the same objective of self-determination for Native Hawaiians

Bending Toward Justice: John Doar And The Mississippi Burning Trial, Douglas O. Linder

Faculty Works

All other civil rights groups in 1964 considered Mississippi - the most impenetrable state in the union - hopeless. The decision of Bob Moses of the Student Non-Violent Coordinating Committee (SNCC) to shake up the Magnolia State by sending six hundred young volunteers into every corner of the state to register new black voters brimmed with danger. Moses explained to a first gathering of student volunteers, When you're not in Mississippi, it's not real. And when you're there, the rest of the world isn't real. In the early morning hours of June 20, Mickey Schwerner, Andrew Goodman, and James Chaney …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2002, Volume 4, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

New Complexity Theories: From Theoretical Innovation To Doctrinal Reform, Darren Lenard Hutchinson

UF Law Faculty Publications

During the latter part of the twentieth century, progressive scholars in various fields of study have developed a large body of works analyzing identity politics. Within legal scholarship, critical race, feminist, anti-heterosexist, and other progressive theorists have demonstrated how legal doctrines and policies perpetuate social hierarchy and reinforce the domination of oppressed classes. The efforts of progressive scholars (and activists) to launch a unified critique of injustice, however, has proved difficult - due in part to the variety of theoretical and doctrinal options available to counter subordination and also to the intractable nature of institutionalized oppression. Yet, progressive scholars have …

Women In The Law: Milestones And Information, Colleen Kristl Pauwels

Historic Documents

Colleen Pauwels was the Director of the Jerome Hall Law for more than 30 years and wrote and researched about the history of the Maurer School of Law. This document details names and dates of major milestones of women in the law from 1892-1988.

Professor Frank R. Kennedy, Jack F. Williams

Faculty Publications By Year

No abstract provided.

Occasional Publications Of The Bounds Law Library, Number Three: The Private Life Of A New South Lawyer: Stephens Croom's 1875-1876 Journal, Cicero Stephens Croom, Paul M. Pruitt Jr., David I. Durham

Occasional Publications of the Bounds Law Library

Occasional Publications of the Bounds Law Library, Number Three contains a biographical and critical introduction to Stephens Croom (1839-1883) and the memoir/journal kept by Croom from 1875-1876. Cicero Stephens Croom was an attorney who lived and worked in Mobile, Alabama. His descriptions of the practice of law in Alabama state and federal courts and commentary of contentious issues shines a light on Alabama's legal history during one of the state's most difficult periods.

Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman

Faculty Publications

This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …

The Force Of Ancient Manners: Federalist Politics And The Unitarian Controversy, Marc Arkin

Faculty Scholarship

No abstract provided.

The Opinion Volume 54 Issue 3 – January 1, 2002, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue from 2002. Original publishing date unknown.

Something To Remember, Something To Celebrate: Women At Columbia Law School In, Barbara Aronstein Black

Faculty Scholarship

In this issue the Columbia Law Review joins in the celebration the 75th anniversary of the admission of women to the Columbia Law School. I am grateful to the editors of the Review for inviting me to contribute, and for the open-endedness of the invitation (or, in other words, what follows is my fault, not theirs). This has been an opportunity for me to do some research, some recalling and some reflection (and to tell a few stories). My research is incomplete, one might say sketchy, but I trust reliable as far as it goes. My recollections may well not …

Constitutional Design: Proposals Versus Processes, Donald L. Horowitz

Faculty Scholarship

No abstract provided.

Above The Rules: A Response To Epstein And King, Frank Cross, Michael Heise, Gregory C. Sisk

Cornell Law Faculty Publications

No abstract provided.