Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (304)
- Civil Rights and Discrimination (78)
- Law and Society (77)
- Jurisprudence (76)
- Public Law and Legal Theory (62)
-
- Law and Politics (57)
- Criminal Law (44)
- Courts (43)
- Arts and Humanities (41)
- Judges (41)
- Legislation (36)
- History (35)
- Social and Behavioral Sciences (34)
- Criminal Procedure (31)
- Legal (31)
- Comparative and Foreign Law (30)
- Human Rights Law (28)
- Administrative Law (26)
- First Amendment (26)
- United States History (26)
- International Law (24)
- Religion Law (24)
- Fourteenth Amendment (21)
- Law and Economics (21)
- Legal Profession (21)
- Political History (20)
- President/Executive Department (19)
- Litigation (18)
- Institution
-
- SelectedWorks (111)
- BLR (62)
- Selected Works (54)
- Villanova University Charles Widger School of Law (15)
- The University of Akron (11)
-
- University of Pennsylvania Carey Law School (9)
- Seattle University School of Law (6)
- American University Washington College of Law (5)
- William & Mary Law School (5)
- Pepperdine University (4)
- Chicago-Kent College of Law (3)
- University of Georgia School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- Washington University in St. Louis (3)
- Osgoode Hall Law School of York University (2)
- St. John's University School of Law (2)
- University of San Diego (2)
- Washington and Lee University School of Law (2)
- Barry University School of Law (1)
- Boston University School of Law (1)
- Claremont Colleges (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- Publication Year
- Publication
-
- ExpressO (60)
- David B Kopel (24)
- Robert G. Natelson (21)
- All Faculty Scholarship (12)
- Working Paper Series (8)
-
- Villanova Law Review (7)
- Ian C Bartrum (6)
- Seattle University Law Review (6)
- Adam Lamparello (5)
- Akron Law Faculty Publications (5)
- Articles in Law Reviews & Other Academic Journals (5)
- Faculty Scholarship (5)
- Garrett Power (5)
- Mark Graber (5)
- Carlo A. Pedrioli (4)
- Pepperdine Law Review (4)
- Stephen E. Sachs (4)
- Andrés Palacios Lleras (3)
- Herbert Hovenkamp (3)
- Kent Greenfield (3)
- Scholarship@WashULaw (3)
- William & Mary Bill of Rights Journal (3)
- Aaron J Shuler (2)
- Brian Slattery (2)
- Christopher W. Schmidt (2)
- Elizabeth Reilly (2)
- George Mason University School of Law Working Papers Series (2)
- Journal Articles (2)
- Justin Schwartz (2)
- Mark P Nevitt (2)
- Publication Type
- File Type
Articles 301 - 324 of 324
Full-Text Articles in Legal History
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
Clueless: The Misuse Of Batf Firearms Tracing Data, David B. Kopel
David B Kopel
Sometimes the Bureau of Alcohol, Tobacco and Firearms traces the registered sales history of a gun which was used in a crime, or which has been seized by the police. Traced guns are not representative of the broader universe of crime guns. Accordingly, drawing public policy conclusions based on tracing data is unwise.
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
Mary L. Dudziak
When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Relativism, Reflective Equilibrium, And Justice, Justin Schwartz
Justin Schwartz
THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.
The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds
Taking Federalism Seriously: Lopez And The Partial-Birth Abortion Ban, David B. Kopel, Glenn Harlan Reynolds
David B Kopel
In United States v. Lopez, the United States Supreme Court struck down the federal Gun Free School Zones law as not within congressional power to regulate interstate commerce. This article examines post-Lopez jurisprudence regarding the permissible scope of federal criminal law. Analyzing a wide variety of federal criminal laws challenged in post-Lopez cases (including arson, robbery, gun possession, drugs, violence against women, and abortion clinic disruption), the article shows how courts have followed or evaded Lopez. Studying the proposed federal ban on partial birth abortions, the article suggests that the ban is not a lawful exercise of Congress' interstate commerce …
The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo
The Unitary Executive During The First Half-Century, Steven G. Calabresi, Christopher S. Yoo
All Faculty Scholarship
Recent Supreme Court decisions and the impeachment of President Clinton has reinvigorated the debate over Congress’s authority to employ devices such as special counsels and independent agencies to restrict the President’s control over the administration of the law. The initial debate focused on whether the Constitution rejected the “executive by committee” employed by the Articles of the Confederation in favor of a “unitary executive,” in which all administrative authority is centralized in the President. More recently, the debate has begun to turn towards historical practices. Some scholars have suggested that independent agencies and special counsels have become such established features …
The Slavery Of Emancipation, Guyora Binder
The Slavery Of Emancipation, Guyora Binder
Journal Articles
The Thirteenth Amendment abolishes the institution of slavery rather than freeing individual slaves. Yet it quickly came to stand for little more than granting universal rights to make labor contracts and to leave service. This article develops a distinction between abolishing an institution and reclassifying individuals within it. Drawing on the comparative history of slavery, it shows that the institution of slavery has generally included mechanisms for the manumission of slaves and their passage into a liminal status combining self-ownership with social subordination and relative isolation. A critical account of the Antelope litigation shows that proponents of mass manumission still …
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
Preventing A Reign Of Terror: Civil Liberties Implications Of Terrorism Legislation, David B. Kopel, Joseph Olson
David B Kopel
Domestic terrorism is not a reason to abrogate constitutional rights, argues this 101-page paper, which discusses the 1996 omnibus federal terrorism bill, and other terror proposals. Topics include: scope of the terrorism problem; Britain's mistaken response to terror; use of the military in law enforcement; the Internet; militias; wiretapping; the FBI; and federalizing local crime.
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Kent Greenfield
Reprinted in Boston College Law School Magazine 5 (Fall 1996): 27- 31
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Kent Greenfield
No abstract provided.
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
The Federalist's Plain Meaning: Reply To Tushnet, Anita L. Allen
All Faculty Scholarship
No abstract provided.
Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank
Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
The Transformation Of The Fourteenth Amendment: Reflections From The Admission Of Maryland's First Black Lawyers, David S. Bogen
Faculty Scholarship
October 10, 1985, was the one hundredth anniversary of the admission to the bar of the Supreme Bench of Baltimore City of Everett J. Waring, the first black lawyer admitted to practice before the state courts in Maryland. This article explores the efforts of African-American lawyers to establish the right to practice law in Maryland and their role in the larger struggle for political and civil rights.
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland
Villanova Law Review
No abstract provided.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part Ii), Donald E. Wilkes Jr.
Scholarly Works
In Part I of this Article, appearing in Volume 8 of the Georgia Law Review at page 313, Professor Wilkes traced the development of postconviction habeas corpus in Georgia up to 1967. In this the second part of the Article, he examines the background and passage of the Georgia Habeas Corpus Act of 1967. Finally, Professor Wilkes assesses the degree to which the Act has fulfilled its purposes, and suggests several possible changes for the future.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
A New Role For An Ancient Writ: Postconviction Habeas Corpus Relief In Georgia (Part I), Donald E. Wilkes Jr.
Scholarly Works
Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of …
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
In Re Gault: Understanding The Attorney's New Role, Glenn C. Equi, James D. Hutchinson, Barney B. Welsh
Villanova Law Review
No abstract provided.
Present Frontiers In Constitutional Law, William T. Coleman Jr.
Present Frontiers In Constitutional Law, William T. Coleman Jr.
Villanova Law Review
No abstract provided.
Film Censorship: The American And British Experience, Robert J. Klein
Film Censorship: The American And British Experience, Robert J. Klein
Villanova Law Review
No abstract provided.
Law Enforcement States Its Views, John Edgar Hoover
Law Enforcement States Its Views, John Edgar Hoover
Villanova Law Review
No abstract provided.
Proof By Confession, O. John Rogge
Legal Idealism And Constitutional Law, James A. Gardner
Legal Idealism And Constitutional Law, James A. Gardner
Villanova Law Review
No abstract provided.
Constitutional Law: 1899-1900 Second Year, Donald Frank Matheson
Constitutional Law: 1899-1900 Second Year, Donald Frank Matheson
Thompson Rare Book Collection
This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his second year Constitutional Law class.
The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …