Legal History Commons^™

Oh, Vpotus, Where Art Thou? The Constitutional Situs Of The Vice Presidency As Surveyed By A Former Vice Presidential Lawyer, Shannen W. Coffin

Pepperdine Law Review

A dispute between a federal oversight authority and the Office of the Vice President (OVP) prompted an unprecedented public discussion regarding the proper location and role of the vice presidency when Dick Cheney’s Chief of Staff challenged an audit of classified information on the grounds that the OVP was not an entity within the Executive Branch. The modern role of the Vice President is generally viewed as advisor and supporter of the President, with all executive authority vested in the President. Conversely, the Vice President presides as President of the Senate, casting tie-breaking votes when necessary. This dual role invokes …

The Vice Presidency In The Twenty-First Century, Jody C. Baumgartner

Pepperdine Law Review

The vice presidency has undergone almost revolutionary change since its inception 227 years ago. Conceived as a convenient solution to a problem created by the Electoral College, the Vice President has only two constitutional functions—to serve as a successor to the President and as the President of the Senate. However, over the past sixty years, vice presidents have become increasingly part of and integral to American governance, and the last three (Al Gore, Dick Cheney, and Joe Biden) have been exceptionally active executive actors. What was once an all-but forgotten office is now an essential part of a president’s administration. …

The Vice President-More Than An Afterthought?, Richard B. Cheney, Edwin Meese Iii, Douglas W. Kmiec

Pepperdine Law Review

A round-table discussion among former U.S. Vice President Richard B. Cheney, Caruso Family Professor of Law and retired U.S. Ambassador Douglas Kmiec, and former U.S. Attorney General Edwin Meese III considered the practical implications of conceiving the Vice President as a legislative officer, an executive officer, or both. It was noted that until the second half of the twentieth century, the Office of the Vice President was conceived as legislative. Funding for the Office appeared in budget lines relating to Congress and physically, the Vice President’s office was in the Capitol. Beginning with Walter Mondale’s service as Vice President, presidents …

A Constitutional Afterthought: The Origins Of The Vice Presidency, 1787 To 1804, Edward J. Larson

Pepperdine Law Review

At the origins of the office, even though the Vice President was, as its first occupant John Adams declared, “only one breath” away from the presidency, the Office of the Vice President was an afterthought of the Constitutional Convention. Never discussed during the first three months of the four-month long Convention, the Committee of Eleven introduced the vice presidency as a byproduct of how it resolved to fix the presidential selection process. Under this process, the Electoral College emerged, with each state assigned the same number of electors as its members in the House of Representatives and Senate. Each elector …

Failure To Act And The Separation Of Powers-The Vice Presidency And The Need To Surmount Divided Power In Pursuit Of A Workable Government, Douglas W. Kmiec

Pepperdine Law Review

Is the Vice President an executive officer, a legislative officer, or both? This query has existed since the time of the founding. The question poses more difficulty than one might suppose, and it remains unsettled. It can be convenient to ignore questions that one cannot answer, and thus, the Vice President has been the object of political humor and treated as an appendage without present function. Yet, because we attribute great genius to those who drafted the Constitution, what is the effect of leaving this high-ranking officer without adequate definition or purpose? For the first century and a half of …

More Than A Ramble: A Law Student's Review Of Hugh G.E. Macmahon's Progress, Stability, And The Struggle For Equality: A Ramble Through The Early Years Of Maine Law, 1820-1920, Christopher Harmon

Maine Law Review

Hugh MacMahon’s work, Progress, Stability, and the Struggle for Equality: A Ramble Through the Early Years of Maine Law, 1820–1920, is a thoroughly researched, well-written narrative that provides readers with a glimpse into Maine’s past while making them contemplate legal problems that will persist far into the future. MacMahon maintains a careful balance in his writing, ensuring it is not too dulled down for legal professionals, but not too complex—with superfluous legalese—for laymen. He does a wonderful job introducing legal concepts and demonstrating how those principles were first introduced into the Pine Tree State. Through the use of legal history, …

The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment, Bret Boyce

Maine Law Review

Nearly a century and a half after its adoption, debate continues to rage over the original meaning of the Fourteenth Amendment’s guarantees of basic rights. Of the three clauses in the second sentence of Section One, the latter two (the Due Process and Equal Protection Clauses) loom very large in modern Supreme Court decisions, while the first (the Privileges or Immunities Clause) is of minimal importance, having been invoked only once to strike down a state law. Originalists—those who hold that the Constitution should be interpreted according to its original meaning—have often deplored this state of affairs. Many have argued …

America - A Nation Of Laws And Of People, Sol Wachtler

The Catholic Lawyer

No abstract provided.

Appellate Standards Of Review Then And Now, Yves-Marie Morissette

The Journal of Appellate Practice and Process

No abstract provided.

Of Great Use And Interest: Constitutional Governance And Judicial Power- The History Of The California Supreme Court, Donald Warner

The Journal of Appellate Practice and Process

No abstract provided.

Collaborative Divorce: What Louis Brandeis Might Say About The Promise And Problems?, Susan Saab Fortney

Faculty Scholarship

If you ask legal ethics scholars what they remember about Louis D. Brandeis's judicial confirmation hearings, most would point to the manner in which he responded to questions about his representation of persons with perceived conflicts of interest. Louis Brandeis responded to challenges by stating that he was "counsel for the situation. Some use this comment when examining problems associated with a single lawyer representing multiple clients in the same transaction. Others believe that Brandeis may have been referring to a type of intermediary role in which lawyers attempt to adjust the rights and interests of multiple clients with potentially …

On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge

Dalhousie Law Journal

Grace Wambolt was the fifth female graduate of Dalhousie Law School and the second woman to practise law in Nova Scotia. She was one of the relatively few female lawyers in Canada (up to the influx of the nineteen-seventies) who practiced law following the push by the first female lawyers for the elimination of formal barriers to practice. This paper examines the similarities and differences between the "firsts" and those who followed them, primarily by looking at the life of Wambolt and her letters and speeches preserved in the Wambolt fonds located in the Nova Scotia Archives and donated by …

A Dime For Your Time: A Case For Compensating The Wrongfully Convicted In South Carolina, Chelsea N. Evans

South Carolina Law Review

No abstract provided.

Slaves As Plaintiffs, Alfred L. Brophy

Michigan Law Review

Review of Redemption Songs: Suing for Freedom Before Dred Scott by Lea VanderVelde.

Law And Legislation In Municipal Bankruptcy, Vincent S.J. Buccola

Cardozo Law Review

Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These "rule of law"features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different vision of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple actors. Consequently, this Article contends that familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates …

Of Spies, Saboteurs, And Enemy Accomplices: History’S Lessons For The Constitutionality Of Wartime Military Tribunals, Martin S. Lederman

Georgetown Law Faculty Publications and Other Works

Congress has recently authorized military commissions to try enemies not only for violations of the international law of war, but also for domestic-law offenses, such as providing material support to terrorism and conspiring to commit law-of-war offenses. Moreover, President Trump has indicated support for further military trials, including trials against U.S. citizens. Such military tribunals lack the civilian jury and independent judge that Article III of the Constitution prescribes. The constitutionality of such an abrogation of Article III’s criminal trial guarantees has been debated during many of the nation’s wars without clear resolution, and the constitutional question is now at …

Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss

Catholic University Law Review

In 1919, Ms. Julia May Garret, a young Virginian woman, was brutally raped by two different men as she was walking home after the Washington Southern Railway failed to stop at her designated station. What followed was a legal battle that created precedent still discussed in American casebooks today. Although most case law recognizes that the criminal acts of third parties severs liability because such conduct is considered unforeseeable, Hines v. Garrett held that the harm Ms. Garrett suffered was within the risk created by the railroad’s negligence, and as a common carrier, the railroad owed her a duty to …

Circumstances Undetermined: Dorothy Kilgallen And Jfk's Murder, Donald E. Wilkes Jr.

Popular Media

This article reviews the mysterious circumstances surrounding reporter Dorothy Kilgallen's death and the assassination of President John F. Kennedy.

Hegelian Dialectical Analysis Of U.S. Voting Laws, Charles Edward Andrew Lincoln Iv

Student Scholarship

This Comment uses the dialectical paradigm of German philosopher Georg Wilhelm Friedrich Hegel (1770-1833) to analyze the progression of United States voting laws since the colonial foundations of a participatory democratic process in this country. This analysis can be used to interpret past progression of voting rights in the United States as well as a provoking way to predict future trends in United States voting rights - as an ongoing "progressive" political process or rhetorical method of erasing categories or classifications and eliminating distinctions amongst persons.

Preclusion And Criminal Judgment, Lee Kovarsky

Notre Dame Law Review

The defining question in modern habeas corpus law involves the finality

of a state conviction: What preclusive effect does (and should) a criminal

judgment have? Res judicata and collateral estoppel —the famous preclusion

rules for civil judgments—accommodate basic legal interests in fairness,

certitude, and sovereignty. Legal institutions carefully calibrate the preclusive

effect of civil judgments because judicial resources are scarce, because

the reliability and legitimacy of prior process can vary, and because courts

wield the authority of a repeat-playing sovereign that will find its own civil

judgments attacked in foreign litigation. In stark contrast to the legal sophistication

lavished on …

Beyond Law And Fact: Jury Evaluation Of Law Enforcement, Lauren M. Ouziel

Notre Dame Law Review

Criminal trials today are as much about the adequacy and legitimacy of the defendant’s accusers—police and prosecutors—as the alleged deeds of the accused. Yet we lack theory to conceptualize this reality, doctrine to set its parameters, and institutional mechanisms to adapt to it. The traditional framework used by courts and scholars to delineate the jury’s role—along the continuum between “fact-finding” and “law-finding”—is inadequate to the task. Jury evaluations of law enforcement are more accurately conceptualized as enforcement-finding, a process that functions both in and outside that continuum. In considering enforcement-finding’s justification and proper scope, history offers a useful analytical frame. …

Juvenile Justice Research To Policy And The Case Of Fines, Alex R. Piquero

Nevada Law Journal

No abstract provided.

Baby Ninth Amendments And Unenumerated Individual Rights In State Constitutions Before The Civil War, Anthony B. Sanders

Mercer Law Review

Perhaps the greatest questions of modern constitutional law are "Does the Constitution protect unenumerated rights, and, if so, what are those rights?" The United States Supreme Court has repeatedly, yet haphazardly and often reluctantly, answered "yes" to the first question, and essentially "it depends" to the second.' The Court has proceeded with basically the same approach concerning the Constitution's unenumerated protections against both the federal government and the states. ...

This Article makes a small step toward demonstrating that at least most state constitutions protect unenumerated rights by focusing on Baby Ninth Amendments. Calabresi and Vickery recently demonstrated some of …

Barry Feld: An Intellectual History Of A Juvenile Court Reformer, Martin Guggenheim

Nevada Law Journal

No abstract provided.

The Cost Of Ab 193: Constitutional Guarantees Sacrificed For Ineffective Means, Paul George

Nevada Law Journal

No abstract provided.

An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh

Research Collection Yong Pung How School Of Law

In the light of Singapore’s aspiration to be a centre of legal ideas in the region, it is opportune to examine the Singapore courts’ use of legal scholarship. This article provides a preliminary map of the Singapore Court of Appeal’s citation practices. It provides an overview of the Singapore Court of Appeal’s use or citation of legal scholarship in its decisions over the past 50 years. It identifies and evaluates trends in the Singapore Court of Appeal’s citations of academic material and the types of academic material cited.

The Courts And Foreign Affairs At The Founding, Kevin Arlyck

BYU Law Review

No abstract provided.

In Essentials, Unity : An Economic History Of The Grange Movement, Jenny Bourne

Ohio University Press Open Access Books

The Patrons of Husbandry—or the Grange—is the longest-lived US agricultural society and, since its founding shortly after the Civil War, has had immeasurable influence on social change as enacted by ordinary Americans. The Grange sought to relieve the struggles of small farmers by encouraging collaboration. Pathbreaking for its inclusion of women, the Grange is also well known for its association with Gilded Age laws aimed at curbing the monopoly power of railroads.

In Essentials, Unity takes as its focus Grange founder Oliver Kelley and his home organization in Minnesota. Jenny Bourne draws upon numerous historical records to present a lively …

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three subsidiary objectives. The …

3d Printing The Road Ahead: The Digitization Of Products When Public Safety Meets Intellectual Property Rights-A New Model, Shlomit Yanisky-Ravid, Kenneth S. Kwan

Cardozo Law Review

This Article addresses the threats of 3D printing to both the physical and legal world. Not only does 3D printing impact products protected by intellectual property rights, it also poses risk, threats, and challenges to many other regimes, including products governed by product liability and criminal laws, which consequently threatens public safety. 3D printing virtually possesses threats to medical devices and products, threats to legal and illegal drugs, threats to human organs, threats to the food industry, and to the transportation industry, including cars, trains, and aircrafts. Ultimately, 3D printing also threatens environmental protection, workplace protections, households, and even the …