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Legal History Commons™

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2004

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Institution
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Articles 61 - 90 of 238

Full-Text Articles in Legal History

The Unknown Past Of Lawrence V. Texas, Dale Carpenter Jun 2004

The Unknown Past Of Lawrence V. Texas, Dale Carpenter

Michigan Law Review

On the night of September 17, 1998, someone called the police to report that a man was going crazy with a gun inside a Houston apartment. When Harris County sheriff's deputies entered the apartment they found no person with a gun but did witness John Lawrence and Tyron Gamer having anal sex. This violated the Texas Homosexual Conduct law, and the deputies hauled them off to jail for the night. Lawyers took the men's case to the Supreme Court and won a huge victory for gay rights. So goes the legend of Lawrence v. Texas. Do not believe it. …

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Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen Jun 2004

Fifteen Famous Supreme Court Cases From Georgia, Dan T. Coenen

Scholarly Works

John Inscoe, UGA professor of history and editor of the New Georgia Encyclopedia, invited Hosch Professor Dan T. Coenen to contribute a series of essays on the most significant U.S. Supreme Court cases that originated in the state of Georgia. This article, which proposes an unranked top 15 list, is built on this work.

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Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson Jun 2004

Human Agency, Negated Subjectivity, And White Structural Oppression: An Analysis Of Critical Race Practive/Praxis, Reginald Leamon Robinson

American University Law Review

No abstract provided.

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Stick Houses In Peshawbestown, Matthew L. M. Fletcher May 2004

Stick Houses In Peshawbestown, Matthew L. M. Fletcher

Cardozo Public Law, Policy & Ethics Journal

The article examines the legal and historical challenges faced by Native American tribes, particularly the Grand Traverse Band of Ottawa and Chippewa Indians, in asserting their sovereignty and rights. It highlights the federal government's role in undermining tribal autonomy through coercive policies, such as forced sterilization and disenrollment, while also exploring the tension between tribal sovereignty and state jurisdiction. The analysis emphasizes the importance of federal recognition and the ongoing struggles for self-governance, cultural preservation, and economic stability in Native American communities.

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American Slavery: The Complete Story, Gerald A. Foster May 2004

American Slavery: The Complete Story, Gerald A. Foster

Cardozo Public Law, Policy & Ethics Journal

The article "American Slavery: The Complete Story" by Gerald A. Foster argues that slavery is a pivotal and enduring element of American history, with its effects still evident today. It emphasizes the need for a more accurate and inclusive historical education, highlighting how race was used to justify slavery and the ongoing impacts of this legacy on modern society. The author advocates for a revised curriculum that acknowledges the true nature of slavery and its contributions to systemic racism.

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What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser May 2004

What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser

Michigan Law Review

Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …

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American Conversations With(In) Catholicism, Richard W. Garnett May 2004

American Conversations With(In) Catholicism, Richard W. Garnett

Michigan Law Review

The jacket photo for John T. McGreevy's Catholicism and American Freedom is striking. In the foreground, a young and vigorous Pope John Paul II, censer in hand, strides across an altar platform on the Mall in Washington, D.C. His attention is fixed off-camera, presumably at the altar he is about to reverence with incense. At the bottom of the picture, gathered around and below the platform, sits a grainy group of mitre-wearing bishops. Looming directly over the scene, in the background yet dominating the photograph, is the towering dome of the U.S. Capitol Building. This picture is worth many thousand …

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Pleas' Progress, Stephanos Bibas May 2004

Pleas' Progress, Stephanos Bibas

Michigan Law Review

George Fisher's new book, Plea Bargaining's Triumph, is really three books in one. The first part is a careful, detailed explanation of how and why plea bargaining exploded in Middlesex County, Massachusetts in the nineteenth century. This part is the fruit of an impressive amount of original research in Massachusetts court records and newspaper archives. The second part of the book looks more broadly at other academic histories of plea bargaining in England, California, and New York. It explains how the forces that produced plea bargaining in Middlesex County likewise contributed to plea bargaining's rise elsewhere. The final part …

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Saving The Constitution: Lincoln, Secession, And The Price Of Union, Craig S. Lerner May 2004

Saving The Constitution: Lincoln, Secession, And The Price Of Union, Craig S. Lerner

Michigan Law Review

The year is 1860. After failing to obtain, as he had expected, the Democratic Party nomination for President at its Charleston convention, Stephen Douglas abandons his candidacy. In the ensuing election, Democrat John C. Breckinridge of Kentucky edges Republican Abraham Lincoln. The official platform of the Democratic Party includes endorsement of the Dred Scott decision, slavery's expansion in the federal territories, rigorous enforcement of the Fugitive Slave Act, and elimination of the tariff. Abolitionists in New England are inconsolable. For several years, Henry Lloyd Garrison had advocated Northern secession, denouncing the Constitution as a "union with slaveholders," and "a covenant …

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Deportations, Removals And The 1996 Immigration Acts: A Modern Look At The Ex Post Facto Clause, Lupe S. Salinas Apr 2004

Deportations, Removals And The 1996 Immigration Acts: A Modern Look At The Ex Post Facto Clause, Lupe S. Salinas

ExpressO

The article addresses the punitive aspects of the deportation procedures as impacted by the 1996 Immigration Acts. When faced with the precedents in the field, that deportation is a civil procedure, federal courts conclude that the Ex Post Facto Clause does not apply. However, the article draws upon common law and other historical bases for the conclusion that a modern view should hold that conviction-related removals are punitive and subject to ex post facto analysis.

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Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn Apr 2004

Writing Their Faith Into The Law Of The Land: Jehovah's Witnesses, The Supreme Court And The Battle For The Meaning Of The Free Exercise Clause, 1939-1945, Patrick J. Flynn

ExpressO

The article traces the development of free exercise jurisprudence through the battles of Jehovah's Witnesses before the Court, and the battles on the Court between Justices Black, Douglas and Frankfurter to establish their constitutional faiths as the law of the land during a brief period in the early 1940's when these issues came before the Court in a flurry of decisions, then disappeared.

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Overview Of Legal Systems In The Asia-Pacific Region: India, Navoneel Dayanand Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: India, Navoneel Dayanand

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of India. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: Singapore, Calvin Wl Ho Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Singapore, Calvin Wl Ho

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Singapore. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: Thailand, Ngamnet Triamanuruck, Sansanee Phongpala, Sirikanang Chaiyasuta Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Thailand, Ngamnet Triamanuruck, Sansanee Phongpala, Sirikanang Chaiyasuta

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Thailand. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: People's Republic Of China, Zengguang (Bill) Huo, Yuhua Shi Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: People's Republic Of China, Zengguang (Bill) Huo, Yuhua Shi

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of the People's Republic of China. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: Indonesia, Yosea Iskandar Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Indonesia, Yosea Iskandar

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Indonesia. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Seung Jin Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Seung Jin

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of South Korea. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Japan. It further discusses aspects of legal education and legal practice in that country.

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Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen Apr 2004

Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Taiwan. It further discusses aspects of legal education and legal practice in that country.

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Constitutionalism In The Streets, Gary D. Rowe Apr 2004

Constitutionalism In The Streets, Gary D. Rowe

ExpressO

This Article works at the border of constitutional history and constitutional law. It embarks on a reconstruction of constitutionalism in the early American Republic through a microhistorical case study, an analysis of the fascinating United States v. Peters (1809), the first Supreme Court decision to strike down a state law. In the last half century, the Supreme Court has repeatedly asserted that it is the “ultimate expositor of the constitutional text.” From Cooper v. Aaron to United States v. Morrison, the Court has invoked no less than the authority of Chief Justice John Marshall and his opinion in Marbury v. …

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Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes Apr 2004

Musical Musings: The Case For Rethinking Music Copyright Protection, J. Michael Keyes

Michigan Telecommunications & Technology Law Review

This Article focuses on the topic of music copyright, but addresses this legal issue from a different vantage point than that of the industry insiders, insightful scholars, and policy makers that have weighed in on the debate. Instead of focusing on the issues regarding wholesale digital reproduction and dissemination of music protected by copyright, this Article focuses on music copyright infringement when the claim is that a given piece of music is "substantially similar" to another piece of music protected by copyright. Part I of this Article touches on the history of the music industry and copyright in this country, …

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What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron Apr 2004

What Law Schools Can Learn From Billy Beane And The Oakland Athletics , Rafael Gely, Paul L. Caron

Faculty Publications

In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing and enriching the other. For example, law professors versed in antitrust, labor, property, tax, and tort law have brought their legal training to bear on particular aspects of baseball. Law professors also have mined their passion for baseball in extracting …

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Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron Apr 2004

Affirmative Refraction: Grutter V. Bollinger Through The Lens Of The Case "The Case Of The Speluncean Explorers", Rafael Gely, Paul L. Caron

Faculty Publications

What can a fifty year-old hypothetical about human cannibalism concocted by the late Lon Fuller teach us about the Supreme Court's recent foray into the affirmative action debate in twenty-first century America? Indeed, what can a tax law professor and a labor law professor add to the cacophony of voices of leading constitutional law scholars on the Court's most important pronouncement on race in a generation? We make a rather modest claim, based on teaching both of these cases in our one-week Introduction to Law classes for incoming first year students, that a helpful way to view Grutter v. Bollinger …

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More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis Apr 2004

More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Enforcing Brown In The Little Rock Crisis, Tony A. Freyer Apr 2004

Enforcing Brown In The Little Rock Crisis, Tony A. Freyer

The Journal of Appellate Practice and Process

No abstract provided.

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Symposium Discussion Apr 2004

Symposium Discussion

The Journal of Appellate Practice and Process

No abstract provided.

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Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson Apr 2004

Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson

The Journal of Appellate Practice and Process

No abstract provided.

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Reading Brown, Nancy Bellhouse May Apr 2004

Reading Brown, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

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A Time To Lose, D. P. Marshall Jr. Apr 2004

A Time To Lose, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.

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Introduction: Brown In The Supreme Court, Dennis J. Hutchinson Apr 2004

Introduction: Brown In The Supreme Court, Dennis J. Hutchinson

The Journal of Appellate Practice and Process

No abstract provided.

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