Legal History Commons^™

Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian

Indiana Law Journal

No abstract provided.

The Historical Race Competition For Corporate Charters And The Rise And Decline Of New Jersey: 1880-1910, Charles M. Yablon

Articles

No abstract provided.

A Cuban Connection: Edwin F. Atkins, Charles Francis Adams, Jr., And The Former Slaves Of Soledad Plantation, Rebecca J. Scott

Articles

Edwin F. Atkins and Charles Francis Adams, Jr., stand out on this stage not as major players but as a particularly intriguing Boston connection. Among the truly major players, planters like Juli?n Zulueta and the Count of Casa More owned hundreds of slaves and shaped Spanish policy. On the Cuban nationalist side, few could equal the impact of Antonio Maceo, the mulato insurgent general who insisted on full emancipation at the end of the 1868-1878 war, or the thousands of rebels who fought under the orders of rebel generals Maceo and Maximo Gomez. As the master of some ninety-five patrocinados …

From Blackstone’S Common Law Duty Of Parents To Educate Their Children To A Constitutional Right Of Parents To Control The Education Of Their Children, Robert A. Sedler

Law Faculty Research Publications

Blackstone’s Commentaries stated that the common law imposed a duty on parents to provide for the maintenance, protection, and education of their children, and of these, the duty to provide an education was "of far the greatest importance."

Early on American courts cited Blackstone for the proposition of the common law duty of parents educate their children. As the nineteenth century progressed, public and private schools were formed in most American states, and a number of states enacted compulsory education laws.

American states also sometimes also enacted laws that interfered with the freedom of parents to direct the education of …

Revisiting 'Dreyfus': A More Complete Account Of A Trial By Mathematics, David H. Kaye

Faculty Scholarship

Legal literature and case law depicts the infamous conviction of Alfred Dreyfus for treason and espionage in 1899 as a prime example of the irresistible power of even grossly fallacious mathematical demonstrations to overwhelm a legal tribunal. This essay shows that Dreyfus is not a case of mathematics run amok, unchecked and uncomprehended. To the contrary, the defects in the mathematical proof were dramatically exposed, and this evidence did not lead Dreyfus's judges to condemn him. This history undercuts the reliance of modern courts and commentators on Dreyfus as an indication or illustration of the alleged dangers of probability evidence …

Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas

Faculty Publications

No abstract provided.

A Constitutional Significance For Precedent: Originalism, Stare Decisis, And Property Rights, Polly J. Price

Faculty Articles

The discussions in this Article proceed as follows. Part I briefly introduces several areas of contemporary debate for which this inquiry is relevant. In Part II, I examine previous scholarly evaluations of the doctrine of precedent in the formative period. I provide an alternative explanation for the adoption by American courts of rhetoric favoring stare decisis, one that links the rhetoric used by these courts with the predominant property discourse of the Founding period and with the Marshall Court’s subsequent emphasis on vested rights and the Contracts Clause. I suggest that the stare decisis property rule gained widespread acceptance as …

The First Restatement Of Agency: What Was The Agenda?, Deborah A. Demott

Faculty Scholarship

No abstract provided.

Public Rights And Private Commerce: A Nineteenth-Century Atlantic Creole Itinerary, Rebecca J. Scott

Articles

Tracing the history of a family across three generations, from enslavement in eighteenth-century West Africa through emancipation during the Haitian Revolution and subsequent resettlement in New Orleans, then France, then Belgium, can shed light on phenomena that are Atlantic in scope. A business letter written in 1899 by the cigar merchant Edouard Tinchant to General Máximo Gómez in Cuba frames an inquiry that opens out onto a family itinerary that spanned the long nineteenth century. Rosalie Vincent’s achievement of freedom in the shadow of slavery in Saint-Domingue in 1793–1803 can be seen as linked to her grandson Edouard Tinchant’s participation …

Lawful Personal Use, Jessica D. Litman

Articles

Despite having sued more than 20,000 of its customers,2 the recording industry wants the world to know that it has no complaint with personal use. Copyright lawyers of all stripes agree that copyright includes a free zone in which individuals may make personal use of copyrighted works without legal liability.3 Unlike other nations, though, the United States hasn't drawn the borders of its lawful personal use zone by statute.4 Determining the circumstances under which personal use of copyrighted works will be deemed lawful is essentially a matter of inference and analogy, and differently striped copyright lawyers will differ vehemently on …

On The Fortieth Anniversary Of The Miranda Case: Why We Needed It, How We Got It--And What Happened To It, Yale Kamisar

Articles

Last year (the year I gave the talk on which this article is based) marked the fortieth anniversary of Miranda v. Arizona,' one of the most praised, most maligned-and probably one of the most misunderstood-Supreme Court cases in American history. It is difficult, if not impossible, to evaluate Miranda without looking back at the test for the admissibility of confessions that preceded it.

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

Articles

THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

Articles

Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

How 'Wilsonian' Was Woodrow Wilson, Mark Weston Janis

Faculty Articles and Papers

This essay reveals how President Woodrow Wilson's passion for international law slowly developed over several stages in his life from his professorship at Princeton to his presidency. By exploring Wilson's conversion from a skeptic of international law to one of its greatest proponents, the author shows how Wilson's world view shaped American foreign policy and the political landscape.

The Sad, Sad Story Of Lula Viers, Richard H. Underwood, Sharon Ray

Law Faculty Scholarly Articles

In this article, Professor Richard H. Underwood explores the murder ballad entitled Lula Viers. Lula Viers was from the Appalachia region of Kentucky.

The Story Of The Court-Martial Of The Bounty Mutineers, Douglas O. Linder

Faculty Works

The true story of the 1789 mutiny on the Bounty is far more complicated than suggested by film versions of the event, which have emphasized the gratuitous cruelty of the ship's captain, William Bligh. The psychological drama that played out in the South Seas starring Bligh, the efficient disciplinarian, and his mate, the sensitive and proud Fletcher Christian, led to, among other things: one of the most amazing navigational feats in maritime history, the founding of a British settlement that continues to exist today, and a court-martial in England that answered the question of which of ten captured mutineers should …

Taking Victims Seriously: A Dworkinian Theory Of Punishment, Luis E. Chiesa

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The History Of The Pace Law Library, Margaret R. Moreland

Elisabeth Haub School of Law Faculty Publications

The Pace University School of Law Library is a gateway to information. As an essential component of legal education, the Library collects and organizes information to support the curriculum and programs of the Pace University School of Law, makes effective use of all available resources to promote student and faculty scholarship, and teaches Pace University School of Law students, faculty, and staff how to retrieve, evaluate, and manage information in an efficient, professional, and ethical manner.

"The Evolution Of Government Documents", Jennifer Morgan

Books & Book Chapters by Maurer Faculty

Law Librarianship in the 21st Century, a text for library and information science courses on law librarianship, introduces students to the rapidly evolving world of law librarianship. With no prior knowledge of the law required, students using this book will find practical answers to such questions as: What is law librarianship? How do you become a law librarian? How does law librarianship interrelate with the legal world? Individual chapters provide a concise treatment of such specialized topics as the history of law librarianship, international law, and government documents. Standard topics are dealt with as they apply to the law library, …

Review Of Napoleon And The British, Donald J. Herzog

Reviews

Was he fascinating or repulsive? The bold courier of republican liberty under law or the scabrous carrier of lethal Jacobin corruption? Heaven-sent deliverer or providential scourge? Even his name was up for grabs: was it Bonaparte or Buonaparte? One need only dip into contemporary sources to realize that the British were obsessed with Napoleon. Stuart Semmel has done a first-rate job combing through those sources and using them to illuminate political culture. (Semmel does not offer the primary quotations I will use here. I offer them for fun, or to pile on with glee, and not at all to reproach …

Back To The Future: Is Form-Based Code An Efficacious Tool For Shaping Modern Civic Life?, Lolita Buckner Inniss

Publications

This Essay serves as a critique of the New Urbanism in general and of form-based code in particular as a tool of the New Urbanism. It may be true that form-based code offers more flexibility than traditional zoning schemes and thus may offer some respite from acknowledged ills such as social and racial divisions created by exclusionary zoning and other tools, and from the relative inutility of single or limited use districts. However, I will argue that these benefits are eclipsed by some of the problems of form-based code. Form-based code is frequently hailed as a back to the future …

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Extraordinary Sessions, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

Journal Of The House Of Representatives Of The Commonwealth Of Kentucky, 2007, Volume 1, Kentucky. General Assembly. House Of Representatives.

Journals of the General Assembly of the Commonwealth of Kentucky

No abstract provided.

State V. John Scopes (The Monkey Trial), Douglas O. Linder

Faculty Works

The early 1920s found social patterns in chaos. Traditionalists, the older Victorians, worried that everything valuable was ending. Younger modernists no longer asked whether society would approve of their behavior, only whether their behavior met the approval of their intellect. Intellectual experimentation flourished. Americans danced to the sound of the Jazz Age, showed their contempt for alcoholic prohibition, debated abstract art and Freudian theories. In a response to the new social patterns set in motion by modernism, a wave of revivalism developed, becoming especially strong in the American South. Who would dominate American culture -- the modernists or the traditionalists? …

The Black Sox Trial: An Account, Douglas O. Linder

Faculty Works

The players on Charles Comiskey's 1919 Chicago White Sox team were a fractious lot with plenty to complain about. The club was divided into two gangs of players, each with practically nothing to say to the other. Together they formed the best team in baseball -- perhaps one of the best teams that ever played the game -- yet they were paid a fraction of what many players on other teams received. Comiskey's contributions to baseball were beyond question, but he was both a tightwad and a tyrant. The White Sox owner paid two of his greatest stars, outfielder Shoeless …

The Charles Manson (Tate-Labianca Murder) Trial, Douglas O. Linder

Faculty Works

In the annals of crime, there might never have been a more bizarre motive for killing than that revealed in the 1970-71 trial of four Manson Family members. In the twisted mind of thirty-four-year-old Charles Manson, a wave of bloody killings of high-society types in Los Angeles would be the spark that would set off a revolution by blacks against the white establishment. When blackie, as Manson called black people, proved unable to govern, they would turn to Manson and his tribe of followers, who would have survived Helter Skelter by hiding out in an underground cave in the Death …

The Dr. Sam Sheppard Trial, Douglas O. Linder

Faculty Works

On July 4, 1954, Marilyn Sheppard, the wife of a handsome thirty-year-old doctor, Sam Sheppard, was brutally murdered in the bedroom of their home in Bay Village, Ohio, on the shore of Lake Erie. Sam Sheppard denied any involvement in the murder and described his own battle with the killer he described as bushy-haired. Did Sam do it? It's rare for a murder mystery to endure for over half a century. Almost always, if the mystery is not fully resolved at the trial, subsequent admissions, previously uncovered clues, or more sophisticated forensic tests reveal what the trial did not. Not …

The Impeachment Trial Of Andrew Johnson, Douglas O. Linder

Faculty Works

Andrew Johnson was a lifelong Democrat and slave owner who won a place alongside Abraham Lincoln on the 1864 Republican ticket in order to gain the support of pro-war Democrats. Johnson was fiercely pro-Union and had come to national prominence when, as a Senator from the important border state of Tennessee, he denounced secession as treason. In May, 1868, the Senate came within a single vote of taking the unprecedented step of removing a president from office. Although the impeachment trial of Andrew Johnson was ostensibly about a violation of the Tenure of Office Act, it was about much more …

The Sweet Trials: An Account, Douglas O. Linder

Faculty Works

The automobile and manufacturing boom that began in Detroit about 1915 made the city a magnet for blacks fleeing the economic stagnation of the South. In the decade from 1915 to 1925, Detroit's black population grew more than tenfold, from 7,000 to 82,000. A severe housing shortage developed, as the city's compact black district could not accommodate all the new arrivals. Blacks brave enough to purchase or rent homes in previously all-white neighborhoods faced intimidation and violence. The spring and summer of 1925 saw several ugly housing-related incidents. It was in this violent summer of 1925 that a black doctor …

The Trial Of Zacarias Moussaoui, Douglas O. Linder

Faculty Works

On the horrific morning of September 11, 2001, when planes crashed into buildings and fell from the sky, Zacarias Moussaoui was sitting in a jail in Minnesota facing immigration charges. Even if he had not been arrested three weeks earlier, when he raised suspicion by paying large sums to a flight training school to learn to pilot a Boeing 747 despite his never having piloted a small plane, it seems unlikely that Moussaoui would have been the twentieth hijacker on one of the four doomed planes. Nonetheless, largely because of the convenient fact that he was alive and in custody, …