Legal History Commons^™

The Political Economy Of "Constitutional Political Economy", Jeremy K. Kessler

Faculty Scholarship

Since the early 1990s, constitutional history has experienced a renaissance. This revival had many causes, but three stand out: the Rehnquist Court's attack on formerly sacrosanct features of the "New Deal agenda"; Reagan-Era reassessments of American political development by political scientists, historians, and historical sociologists; and the frustration of constitutional scholars with the inability of legal process theory or political philosophy to produce "authoritative constitutional principles." Spurred by legal crisis and this mix of disciplinary innovation and stagnation, law professors began to tell new stories about our constitutional heritage. They focused on the sources and significance of the New Deal's …

Wächter, Carl Georg Von, Ralf Michaels

Faculty Scholarship

Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there …

Overcoming The Great Forgetting: A Comment On Fishkin And Forbath, Jedediah S. Purdy

Faculty Scholarship

Fishkin and Forbath’s (F&F’s) manuscript is a project of recovery. It portrays the present as a time marked by a “Great Forgetting” of a tradition of constitutional political economy. F&F name what has been forgotten the “democracy of opportunity” tradition. Recovering it would mean again treating the following three principles as linked elements at the core of our Constitution: (1) an anti-oligarchy principle that works to prevent wealth from producing grossly unequal political power; (2) a commitment to a broad middle class with secure, respected work; and (3) a principle of inclusion that opens participation in both citizenship and the …

Lawyers' Empire And The Great Transformation, Douglas C. Harris

All Faculty Publications

Writing through the years of World War II and attempting to understand its horrors, the carnage of World War I, the great depression, and the rise of communist and fascist regimes, Karl Polanyi posited that Western Europe had undergone The Great Transformation through the nineteenth century. Built around policies of economic liberalism and the gospel of the self-regulating market, this transformation had produced a century of unparalleled peace and material wealth in Europe, but the unmooring of the market from other social forces, and the remaking of land and labour as commodities, would unleash, when the buttressing pillars faltered, the …

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …

Laws Of Honor, Robert Deal

Robert Deal

No abstract provided.

Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

Felice J Batlan

O Sherman Act E A Eponimia Das Leis, Victor J. Calvete

Victor J. Calvete

In the first session of the 51th Congress of the United States, two statutes were approved named after Senator John Sherman: the Sherman Silver Act and the Sherman Anti-trust Act. In his Mémoirs the Senator admits (and regrets) the eponimy in the first case, but does not aknowledge the second. It might have been a surprise to him to know that the Judiciary's Committee version that superseeded the Finance Committee's one - the one that he introduced in December 1889 as S. 1 - came to be graced with his name. The point is that trying to illuminate the 1890 …

On The Whittington United Nations Archive, Gail A. Partin, William E. Butler

Gail A. Partin

Just Cause Discipline For Social Networking In The New Gilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally

William A. Herbert

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The Progression And Evolution Of International Law Scholarship Over The Past 50 Years: Some Quantitative Observations, Donald J. Kochan

Donald J. Kochan