Legal History Commons^™

The Mountain Meadows Massacre Of 1857 And The Trials Of John D. Lee: An Account, Douglas O. Linder

Faculty Works

Called the darkest deed of the nineteenth century, the brutal 1857 murder of 120 men, women, and children at a place in southern Utah called Mountain Meadows remains one of the most controversial events in the history of the American West. Although only one man, John D. Lee, ever faced prosecution (for what probably stands as one of the four largest mass killings of civilians in United States history), many other Mormons ordered, planned, or participated in the massacre of wagon loads of Arkansas emigrants as they headed through southwestern Utah on their way to California. Special controversy surrounds the …

The Trial Of Charles Guiteau: An Account, Douglas O. Linder

Faculty Works

A sense of having been wronged, together with a warped idea of political duty, brought Charles Julius Guiteau to the Baltimore and Potomac Station in Washington on July 2, 1881. On that same Saturday morning, President James Abram Garfield strode into the station to catch the 9:30 A.M. limited express, which was to take him to the commencement ceremonies of his alma mater, Williams College - and from there, Garfield planned to head off on a much-awaited vacation. He never made the 9:30. Within seconds of entering the station, Garfield was felled by two of Guiteau's bullets, the opening act …

The Trial Of Susan B. Anthony For Illegal Voting, Douglas O. Linder

Faculty Works

More than any other woman of her generation, Susan B. Anthony saw that all of the legal disabilities faced by American women owed their existence to the simple fact that women lacked the vote. When Anthony, at age 32, attended her first woman's rights convention in Syracuse in 1852, she declared that the right which woman needed above every other, the one indeed which would secure to her all the others, was the right of suffrage. Anthony spent the next fifty-plus years of her life fighting for the right to vote. She would work tirelessly: giving speeches, petitioning Congress and …

The Trial Of William 'Big Bill' Haywood, Douglas O. Linder

Faculty Works

The struggle between the Western Federation of Miners and the Western Mine Owners' Association at the turn of the twentieth century might well be called a war. When the state of Idaho prosecuted William Big Bill Haywood in 1907 for ordering the assassination of former governor Frank Steunenberg, fifteen years of union bombings and murders, fifteen years of mine owner intimidation and greed, and fifteen years of government abuse of process and denials of liberties spilled into the national headlines. Featuring James McParland, America's most famous detective; Harry Orchard, America's most notorious mass murderer turned state's witness; Big Bill Haywood, …

The Trials Of Los Angeles Police Officers' In Connection With The Beating Of Rodney King, Douglas O. Linder

Faculty Works

It seemed like an open-and-shut case. The video, played on television so often that an executive at CNN called it wallpaper, showed Los Angeles police officers - as their supervisor watched - kicking, stomping on, and beating with metal batons a seemingly defenseless African-American named Rodney King. Polls taken shortly after the incident showed that over 90% of Los Angeles residents who saw the videotape believed that the police used excessive force in arresting King. Despite the videotape, a jury in Simi Valley concluded a year later that the evidence was not sufficient to convict the officers. Within hours of …

The Trials Of Oscar Wilde: An Account, Douglas O. Linder

Faculty Works

Old Bailey, the main courthouse in London, had never presented a show quite like the three trials that captivated England and much of the literary world in the spring of 1895. Celebrity, sex, witty dialogue, political intrigue, surprising twists, and important issues of art and morality - is it any surprise that the trials of Oscar Wilde continue to fascinate one hundred years after the death of one of the world's greatest authors and playwrights?

Trial Of The Rosenbergs: An Account, Douglas O. Linder

Faculty Works

The Rosenberg Trial is the sum of many stories: a story of betrayal, a love story, a spy story, a story of a family torn apart, and a story of government overreaching. As is the case with many famous trials, it is also the story of a particular time: the early 1950's with its cold war tensions and headlines dominated by Senator Joseph McCarthy and his demagogic tactics. The Manhattan Project was the name given to the top-secret effort of Allied scientists to develop an atomic bomb. One of the Manhattan Project scientists working in Los Alamos was a British …

Matthew S. Weinert On Truth Commissions And Procedural Fairness By Mark Freeman. Cambridge: Cambridge University Press, 2006. 400pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Truth Commissions and Procedural Fairness by Mark Freeman. Cambridge: Cambridge University Press, 2006. 400pp.

Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii

Villanova Law Review (1956 - )

No abstract provided.

The Controversy Over The Legacy Highway In Utah: An Opportunity For Invitational Rhetoric, Carlo A. Pedrioli

Faculty Scholarship

Beginning in the mid 1990s, residents of Utah began to debate the merits of the “Legacy Highway,” a large highway that would run near the Great Salt Lake in an attempt to alleviate the clogged commute on Interstate-15, which runs north/south through Salt Lake City, the state’s capital. Perhaps not surprisingly, environmental groups were upset with this proposed governmental project. Groups like the Advocates for Safe and Efficient Transportation and the Utah Department of Transportation faced off against the Sierra Club, Stop the Legacy Highway, and Utahns for Better Transportation. Generous amounts of rhetoric, including public discussion and litigation, resulted …

Toward A History Of Children As Witnesses, David S. Tanenhaus, William Bush

Scholarly Works

This brief essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent socio-cultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, …

Reconsidering Procedural Conformity Statutes, Thomas O. Main

Scholarly Works

No abstract provided.

Bound Between & Beyond The Borderlands: Region, Race, Scale And A Subnational Legal History, Tom I. Romero Ii

Scholarly Works

No abstract provided.

Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii

Scholarly Works

As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …

Taxing Consumption And Other Sins, James R. Hines Jr.

Articles

Federal and state governments in the United States use income and payroll taxes as their primary tools to collect revenue. In the rest of the world, governments also use income and payroll taxes, but rely much more heavily than does the United States on taxing consumption. Consumption taxes take many forms, including general sales taxes, value-added taxes, and excise taxes on the consumption of specific items including gasoline, alcohol, tobacco products, firearms, air travel, telephone communication, and others. The U.S. government does not use a value-added tax, making the United States unique among high-income countries and a rarity in the …

Why The Supreme Court Lied In Plessy, David S. Bogen

Villanova Law Review (1956 - )

No abstract provided.

An Introduction To The My Lai Courts-Martial, Douglas O. Linder

Faculty Works

Two tragedies took place in 1968 in Viet Nam. One was the massacre by United States soldiers of as many as 500 unarmed civilians - old men, women, children - in My Lai on the morning of March 16. The other was the cover-up of that massacre. On March 14, a small squad from C Company ran into a booby trap, killing a popular sergeant, blinding one GI and wounding several others. The following evening, when a funeral service was held for the killed sergeant, soldiers had revenge on their mind. After the service, Captain Medina rose to give the …

The Boston Massacre Trials: An Account, Douglas O. Linder

Faculty Works

Although it has been over two centuries since the moonlit March night in 1770 when British soldiers killed five Bostonians on King Street, people still debate responsibility for the Boston Massacre. Does the blame rest with the crowd of Bostonians who hurled insults, snowballs, oysters shells, and other objects at the soldiers, or does the blame rest with an overreacting military that violated laws of the colony that prohibited firing at civilians? Whatever side one takes in the debate, all can agree that the Boston Massacre stands as a significant landmark on the road to the American Revolution.

The Trial Of Lindy And Michael Chamberlain ('The Dingo Trial'), Douglas O. Linder

Faculty Works

On August 17, 1980, at a campsite near Australia's famous Ayer's Rock, a mother's cry came out of the dark: My God, my God, the dingo's got my baby! Soon the people of an entire continent would be choosing sides in a debate over whether the cry heard that night marked an astonishing and rare human fatality caused by Australia's wild dogs or was, rather, in the words of the man who would eventually prosecute her for murder, a calculated, fanciful lie. A jury of nine men and three women came to believe the latter story and convicted Lindy Chamberlain …

The Trials Of The Scottsboro Boys, Douglas O. Linder

Faculty Works

No crime in American history - let alone a crime that never occurred - produced as many trials, convictions, reversals, and retrials as did an alleged gang rape of two white girls by nine black teenagers on a Southern Railroad freight run on March 25, 1931. Over the course of the two decades that followed, the struggle for justice of the Scottsboro Boys, as the black teens were called, made celebrities out of anonymities, launched and ended careers, wasted lives, produced heroes, opened southern juries to blacks, exacerbated sectional strife, and divided America's political left.

No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii

UIC Law Open Access Faculty Scholarship

This Article reflects on the infamous decision in Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court of the United States upheld the constitutionality of slavery. This Article considers this infamous case and the distance the nation has come since it was decided as well as its continuing legacy on the contemporary American struggle for racial equality. In Dred Scott the Court held that slavery was constitutional because it was consistent with the intent of the Framers and because black people were "a subordinate and inferior class of beings who... whether emancipated or not.., …

When Misdemeanors Are Felonies: The Aggravated Felony Of Sexual Abuse Of A Minor, William J. Johnson

NYLS Law Review

No abstract provided.

A Brief History Of American Telecommunications Regulation, Tim Wu

Faculty Scholarship

While the history of governmental regulation of communication is at least as long as the history of censorship, the modern regulation of long-distance, or "tele," communications is relatively short and can be dated to the rise of the telegraph in the mid-19th century. The United States left the telegraph in private hands, unlike countries and as opposed to the U.S. postal system, and has done the same with most of the significant telecommunications facilities that have been developed since. The decision to allow private ownership of telecommunications infrastructure has led to a rather particularized regulation of these private owners of …

William W. Cook And Detroit Street Railways, 1891-1894, Margaret A. Leary

Articles

In 1890, much of Detroit's street railway system used outmoded technology, had severe labor and public relations problems, and faced uncertainty over the remaining length of the 30-year franchise granted by the city in 1863, but extended in 1879, perhaps illegally. An apparent solution came in 1891, when William W. Cook-later to earn a fortune that he would give to the University of Michigan Law School-and other "Eastern capitalists" purchased Detroit's street rail system. They were unable to solve the existing problems, and the new outside ownership itself added difficulties. Cook's group sold out in 1894, and over the next …

Tax Reform Unraveling, Michael J. Graetz

Faculty Scholarship

The Tax Reform Act of 1986 was widely heralded as the most significant change in our nation’s tax law since the income tax was extended to the masses during World War II. It was the crowning domestic policy achievement of President Ronald Reagan, who proclaimed it “the best antipoverty measure, the best pro-family measure and the best job-creation measure ever to come out of the Congress of the United States” (Reagan, 1986). This journal published a symposium on the Tax Reform Act in its first issue. The law’s rate reductions and base broadening reforms were mimicked throughout the countries belonging …

The Civil Rights Litigation Clearinghouse: A New Digitized Archive At Washington University In St. Louis, Margo Schlanger

Articles

In November 2006, Washington University School of Law launched a new internet resource, the Civil Rights Litigation Clearinghouse. Completely free and accessible to the public, its web address is . The Clearinghouse vastly expands tie availability of information about and documents from civil rights cases of many different types, allowing researchers to find and read source documents and litigation summaries for over eighteen hundred litigations (and counting). The collection is organized by case; it follows cases from their start to finish, however many courts or opinions are involved, and however long the case takes. For each entry, in the collection, …

A Race Or A Nation? Cherokee National Identity And The Status Of Freedmen's Descendants, S. Alan Ray

Michigan Journal of Race and Law

This Article examines the Cherokee Freedmen controversy to assess whether law and biology can function as sufficient models for crafting Cherokee identity at this crucial moment in the tribe's history. The author will argue that while law and biology are historically powerful frames for establishing tribal self-identity, they are inadequate to the task of determining who should enjoy national citizenship. The wise use of sovereignty, the author suggests, lies in creating a process of sustained dialogical engagement among all stakeholders in the definition of Cherokee citizenship on the question of Cherokee identity. This dialogue should ideally have been undertaken before …

We Need Inquire Further: Normative Sterotypes, Hasidic Jews, And The Civil Rights Act Of 1866, William Kaplowitz

Michigan Journal of Race and Law

According to modern Supreme Court opinions, The Civil Rights Act of 1866 prohibits only "discrimination [against members of protected groups] solely because of their ancestry or ethnic characteristics." The Court refers to this type of discrimination as 'racial animus.' In the 1987 case Shaare Tefila Congregation v. CobbJews were recognized as a protected ethnic group under these statutes, but the Supreme Court also reaffirmed that The Civil Rights Act only prohibits 'ethnic' or 'ancestral' discrimination. The Act does not encompass religious discrimination. Yet, despite the Supreme Court's rulings, the district courts held that both Rabbi LeBlanc-Sternberg's and Mr. Singers' allegations …

The Incompatibility Principle, Harold H. Bruff

Publications

No abstract provided.

The Trials Of Alger Hiss: A Commentary, Douglas O. Linder

Faculty Works

No criminal case had a more far-reaching effects on modern American politics than the Alger Hiss-Whittaker Chambers spy case which held Americans spellbound in the middle of the twentieth-century. The case catapulted an obscure California congressman named Richard Nixon to national fame, set the stage for Senator Joseph McCarthy's notorious Communist-hunting, and marked the beginning of a conservative intellectual and political movement that would one day put Ronald Reagan in the White House. Even without its important influence on American political debate, the trials of Alger Hiss for perjury have the makings of a great drama. They featured two men …