Legal History Commons^™

Sealand, Havenco, And The Rule Of Law, James Grimmelmann

Faculty Scholarship

In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …

Florida's First Constitution, M C. Mirow

Faculty Books

The central square of St. Augustine, Florida, the Plaza de la Constitución, is not named for the United States Constitution. Instead, its name comes from Florida’s first constitution, the Spanish Constitution of Cádiz of 1812. Daily political life in Florida’s Spanish colonial cities was governed by this document, and cities like St. Augustine ordered their activities around the requirements, rights, and duties expressed in this constitution. The Constitution of Cádiz was the first truly transatlantic constitution because it applied to the entire Spanish empire, of which St. Augustine and Pensacola were just a part. It was drafted by representatives from …

British 1812 Wartime Policy On The High Seas And Maryland Maritime Insurance: Carrere V. Union Insurance Co. Of Md. (1813), Thomas R. Riley

Legal History Publications

Places Carrere v. Union Insurance Co. of Md (1813) into its historical setting considering the role of maritime insurance and British wartime policy on the high seas.

Marine Insurance And Mercantile Enterprise Through The Lens Of The Baltimore Insurance Company V. Mcfadon 4 H.& J. 31 (1815), Catherine Gonzalez

Legal History Publications

This essay contextualizes the case of The Baltimore Insurance Company v. McFadon, tracing the dispute from its origin to its disposition in the Maryland Court of Appeals in 1815. The case, which centered on whether mutual claims could be set-off against each other in a suit involving an open insurance policy, is illuminating as to the evolution of marine insurance, trade between Baltimore and the West Indies in the late eighteenth century, and the impact of the Napoleonic Wars on American mercantile enterprise. By examining the case through the lens of this historical study, it becomes apparent that the …

Barney V. Smith (Md 1819) Congressman Versus The Commodore, Angelisa Hicks

Legal History Publications

A historical outlook on the events surrounding the Barney v. Smith Case. The Article discusses the impact of the French and British conflict on United States trade, as well as some of the measures taken by the United States in order to insulate themselves from the adverse fiscal impacts on the economy due to this conflict. Also discussed are the key individuals involved in the case and their intertwining relationships. There is a comprehensive breakdown on the attorney’s arguments and subsequent judicial holding.

Baptiste V. De Volunbrun 5 H. & J. 86 (Md 1820): The Events Surrounding An Early Nineteenth-Century Freedom Petition Before The Maryland Court Of Appeals, Kurt Ellerbe

Legal History Publications

BAPTISTE V. DE VOLUNBRUN 5 H. & J. 86 (Md. 1820): In Jean Baptiste’s 1820 freedom petition we have not only a slavery case typical of the region and period, but also a compelling and informative narrative from the beginning of the end of North America’s nearly two hundred and fifty year era of slavery. This epic has its roots in the some of the earliest African arrivals to the new world and was significantly influenced by the major trends in philosophy that immediately preceded its commencement, as well as a concurrent and burgeoning American abolitionist movement. It features questionable …

Kennedy V. The Baltimore Insurance Company, 3 H. & J. 367 (1813): The Story Of One Baltimore Merchant Among Many Fighting An Insurance Company In Times Of War, Jon F. Watson

Legal History Publications

The Napoleonic Wars in the early 1800’s resulted in many Baltimore merchants obtaining insurance for their vessels and cargo. During this period of unrest, Lemuel Taylor and John F. Kennedy insured a Baltimore vessel which was subsequently captured by the British. This paper contextualizes the case of Kennedy v. The Baltimore Insurance Company within this period and illustrates the struggles faced by many merchants who sought to be reimbursed for their losses. I also tried to focus on the historical backgrounds of the key players to the case, especially Lemuel Taylor and John F. Kennedy. All together, the case of …

The Possibility Of Compromise: Antiabortion Moderates After Roe V. Wade, Mary Ziegler

Scholarly Publications

Did Roe v. Wade destroy the possibility for compromise in the abortion debate? Leading studies argue that Roe itself radicalized debate and marginalized antiabortion moderates, either by issuing a sweeping decision before adequate public support had developed or by framing the opinion in terms of moral absolutes. Others rely on this history in criticizing the sweeping privacy framework set out in Roe, attributing the radicalization of the general discussion and the antiabortion movement to the timing, reach, or framing of the abortion right in the opinion.

The polarization narrative on which leading studies rely obscures important actors and arguments that …

Liberty Of The Exercise Of Religion In The Peace Of Westphalia, Gordon A. Christenson

Faculty Articles and Other Publications

This essay honors my dear friend of half a century, Burns Weston. In it, I take a fresh look at the backdrop and structure of toleration and religious freedom in the Peace of Westphalia of 1648 and in the American Constitution, with special focus on a recent unanimous Supreme Court decision of first impression. That important decision protects inner church freedoms in ecclesiastical employment, the so-called "ministerial exception" to federal and state employment discrimination laws.

"Of all the great world religions past and present," writes the noted historian Perez Zagorin, "Christianity has been by far the most intolerant." Violence and …

Originalism And Loving V. Virginia, Steven G. Calabresi, Andrea Matthews

Faculty Working Papers

This article makes an originalist argument in defense of the Supreme Court's holding in Loving v. Virginia that antimiscegenation laws are unconstitutional. This article builds on past work by Professor Michael McConnell defending Brown v. Board of Education on originalist grounds and by Professor Calabresi defending strict scrutiny for gender classifications on originalist grounds. Professor Calabresi's work in this area was defended and praise recently by Slate magazine online. The article shows that Loving v. Virginia is defensible using the public meaning originalism advocated for by Justices Antonin Scalia and Clarence Thomas. This article shows that the issue in Loving …

The Chief Or The Court: Article Ii And The Appointment Of Inferior Judicial Officers, James E. Pfander

Faculty Working Papers

Each year, the Chief Justice of the United States makes a number of appointments to offices within the Article III judicial establishment. On its face, such a Chief-based appointment practice seems hard to square with the text of Article II, which provides for the appointment of inferior officers by the "courts of law." Scholars have noted the switch from a court-based to a Chief-based appointment system, but generally regard the Chief's authority as constitutionally benign. This Essay explores the origins of the Constitution's choice of the "courts" as the repository of appointment power. The decision was made against the backdrop …

The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld

Law Publications

No abstract provided.

The Adirondack Park Land Use And Development Plan And Vermont's Act 250 After Forty Years, 45 J. Marshall L. Rev. 417 (2012), John S. Banta

UIC Law Review

No abstract provided.

The Freewheelin’ Judiciary: A Bob Dylan Anthology, Alex B. Long

Fordham Urban Law Journal

Judges at all levels in the United States judicial system have cited Bob Dylan far more often than any other popular music artist. The logical question then becomes, “why?” Why is Dylan (rather than John Lennon, Woody Guthrie, or some other prominent and sociallyconscious songwriter) the preferred songwriter for judges, and why do judges feel the need to cite Dylan’s lyrics to begin with? What are they hoping to convey to the reader about the legal issue at hand, the legal system in general, or about themselves that causes them to rely on the works of Dylan? What type of …

Bob Dylan On Lenny Bruce: More Of An Outlaw Than You Ever Were, Louise Harmon

Fordham Urban Law Journal

This Essay seeks to compare and contrast two contemporary performing artists: Bob Dylan and Lenny Bruce. Bruce and Dylan both became artists in the middle of twentieth-century America—in the same stew of ideas, myths, and shared assumptions. Both experienced the same winds of change, albeit at different stages of life, in the 1950s and 1960s, the post-World War II Cold War period, the burgeoning civil rights movement, and the Vietnam War. Both responded to these winds of change, and in so doing, transcended and transformed their respective art forms.

Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill

UIC Law Review

No abstract provided.

Against The New Maternalism, Naomi Mezey, Cornelia T. L. Pillard

Michigan Journal of Gender & Law

Parenting is a major preoccupation in law and culture. As a result of efforts of the American women's movement over the past forty years, the legal parent is, for the first time in history, sex-neutral. Our law has abandoned restrictions on women's education, employment, and civic participation that sprang from and reinforced beliefs about the primacy of motherhood as women's best destiny. On the flip side, U.S. law now also generally rejects formal constraints on men's family roles by requiring sex-neutrality of laws regulating custody, adoption, alimony, spousal benefits, and the like. The official de-linking of presumptive parenting roles from …

The Devil Comes To Kansas: A Story Of Free Love, Sexual Privacy, And The Law, Charles J. Reid Jr.

Michigan Journal of Gender & Law

On Sunday, September 19, 1886, Moses Harman, the editor of the radical newspaper Lucifer the Light-Bearer, presided over an inherently contradictory event-a free-love marriage ceremony between his associate editor, the thirty-seven-year-old Edwin Walker, and Moses' own daughter, the sixteen-year-old Lillian. The case that the two Harmans and Walker wished to present aimed to transform marriage from a public to a private relationship and from a permanent and exclusive one to a temporary one that permitted potentially many partners. State v. Walker and its parties have received some scholarly notice, but the truly radical quality of the arguments Moses, Edwin, and …

Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …

Beyond Aristotle: Alternative Rhetorics And The Conflict Over The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

Prior research has sketched out a picture in which, at least since 1960 and continuing to the present, advocates of the differing personae, or roles, of the U.S. law professor have been sharply divided over such personae. Lawyers have advocated two major personae for the law professor to perform. One major persona is that of the scholar, who is a full-time teacher, researcher, and sometimes public servant, but who often has limited practical experience. The other major persona is that of the practitioner, who has a substantial number of years of practice at the bar and is prepared for hands-on …

The Past, Present, And Future Of Critical Tax Theory: A Conversation, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

The publication of Taxing America in 1997 is a key milestone in the development of critical tax theory as an intellectual discipline. By identifying and bringing together lawyers and scholars with an interest in the political and discriminatory aspects of tax law, Professor Karen B. Brown and Professor Mary Louise Fellows created one of the first—if not the first—working group of critical tax theorists. The significance of Taxing America is underappreciated both by self-identified critical tax scholars and by others. A published history of the “Critical Tax Conference” notes its antecedents in conferences held in 1995 and 1997, but makes …

Practical Reason, Human Nature, And The Epistemology Of Ethics: John Finnis's Contribution To The Rediscovery Of Aristotelian Ethical Methodology In Aquinas's Moral Philosophy: A Personal Account, Martin Rhonheimer

Villanova Law Review (1956 - )

No abstract provided.

Response To Fr. Rhonheimer, Anna Bonta Moreland

Villanova Law Review (1956 - )

No abstract provided.

Sexing Harris: The Law And Politics Of Defunding Planned Parenthood, Mary Ziegler

Scholarly Publications

The movement to defund Planned Parenthood has opened a new front in the abortion wars. At the state and national level, anti-abortion organizations have campaigned successfully for new legal limitations on Medicaid or Title X reimbursement for Planned Parenthood. Significantly, legal restrictions reach not only abortion but also other services like contraception and cancer screenings. North Carolina, Wisconsin, and Indiana are among the states to have introduced such bans, and the U.S. House of Representatives approved one before the proposal died in the Senate in April 2011.

At first, the novelty of the movement seems to lie in its open …

Response To Candace Vogler, "In Support Of Moral Absolutes", Michael P. Moreland

Villanova Law Review (1956 - )

No abstract provided.

What Makes Practical Reason Law-Like?, Michael J. White

Villanova Law Review (1956 - )

No abstract provided.