Legal History Commons^™

Law And The Modern Mind: Consciousness And Responsibility In American Legal Culture (Book Review), Edward A. Purcell Jr.

Other Publications

No abstract provided.

The Nuremberg Trials: A Summary Introduction, John Q. Barrett

Faculty Publications

No abstract provided.

Legacies Of Nuremberg, John Q. Barrett

Faculty Publications

(Excerpt)

I am very grateful to the leaders and sponsoring organizations that have brought the Dialogs together for ten years, particularly this year in this very special place. I also thank, humbly, Germany and Nuremberg. We are seventy years out from a Nuremberg trial process that was filled with participants who could not have imagined the Germany, the Nuremberg city of human rights, and their sponsorship and teaching, that we all are beneficiaries of today. It is to the great credit of today's generations of German leaders that they have built this Nuremberg.

My topic, "The Legacy of Nuremberg," is …

The Josiah Philips Attainder And The Institutional Structure Of The American Revolution, Matthew J. Steilen

Journal Articles

This Article is a historical study of the Case of Josiah Philips. Philips led a gang of militant loyalists and escaped slaves in the Great Dismal Swamp of southeastern Virginia during the American Revolution. He was attainted of treason in 1778 by an act of the Virginia General Assembly, tried for robbery before a jury, convicted and executed. For many years, the Philips case was thought to be an early example of judicial review, based on a claim by St. George Tucker that judges had refused to enforce the act of attainder. Modern research has cast serious doubt on Tucker’s …

On Writing Labour Law History: A Reconnaissance, Eric M Tucker

Articles & Book Chapters

Labour law historians rarely write about the theoretical and methodological foundations of their discipline. In response to this state of affairs, this article adopts a reconnaissance strategy, which eschews any pretense at providing a synthesis or authoritative conclusions, but rather hopes to open up questions and paths of inquiry that may encourage others to also reflect on a neglected area of scholarship. It begins by documenting and reflecting on the implications of the fact that labour law history sits at the margins of many other disciplines, including labour history, legal history, labour law, industrial relations and law and society, but …

Panel 1: Perspectives On Transactions In Comic Books, David Gallaher, Larry Hama, Lillian Laserson, Matthew Tynan, Thomas Crowell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Prequel To Homestead, Thomas Simmons

Faculty Publications

Homestead laws reflect value judgments which balance the free functioning of commercial enterprise and business transactions against a family's interests in shelter and a home. In South Dakota's history, this tension has been displayed in legislative enactments, judicial reasoning, and even statewide referendums. An examination of the significant events at two ends of this chronology reveals the expression of societal values in law and the dynamics of the pre-statehood origins of homestead laws in the context of competing policies and interests. This article proceeds by outlining the general purposes and sources for homestead laws, followed by a sketch of existing …

English Statutes In Virginia, 1660-1714, John R. Pagan

Law Faculty Publications

Virginia had a government of dual legislative authorities in the seventeenth and early eighteenth centuries. Under the transatlantic const itution- an evolving framework of legal relations within England's empire- both the Crown and the General Assembly had jurisdiction to prescribe laws for the colony. The Crown occasionally required Virginians to enforce acts of Parliament, but for the most part the imperial government allowed colonists to deviate from the metropolitan model and enact legislation tailored to their own needs, provided they refrained from passing statutes contrary or repugnant to English law. Instead of delineating separate spheres of imperial and provincial legislative …

Apple Of Gold And Picture Of Silver: How Abraham Lincoln Would Analyze The Fourteenth Amendment's Equal Protection Clause, Frank J. Williams, William D. Bader, Andrew Blais

Roger Williams University Law Review

No abstract provided.

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Blue Lives Have Always Mattered: The Usurping Of Hate Crime Laws For An Unintended And Unnecessary Purpose, Lisa M. Olson

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

The Persistence Of Memory: The Continuing Influence Of Antebellum Missouri Laws Regarding African Americans, Roy Dripps

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Administrative Dissents, Sharon B. Jacobs

Publications

Commissioners, like judges, dissent. They do so at length, with vigor, and with persistence. Yet while separate judicial decisions are the subject of a rich literature, their administrative counterparts have long languished in obscurity. A closer look is warranted, however, because studying administrative dissent can enhance our understanding of internal agency operations as well as the relationships between agencies and other actors. This Article presents the results of an original review of separate statements at the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission dating back four decades. It uses these findings to move beyond two common generalizations about …

Government Speech And The War On Terror, Helen Norton

Publications

The government is unique among speakers because of its coercive power, its substantial resources, its privileged access to national security and intelligence information, and its wide variety of expressive roles as commander-in-chief, policymaker, educator, employer, property owner, and more. Precisely because of this power, variety, and ubiquity, the government's speech can both provide great value and inflict great harm to the public. In wartime, more specifically, the government can affirmatively choose to use its voice to inform, inspire, heal, and unite -- or instead to deceive, divide, bully, and silence.

In this essay, I examine the U.S. government's role as …

Book Review, Anna Spain Bradley

Publications

No abstract provided.

Book Review, Lea Vaughn

Book Reviews

This review essay will proceed in three parts followed by a conclusion that assesses the success and contribution of her work. The first section sketches her approach to legal history and her point of view. Professor Blumenthal takes on the monumental task of challenging the received wisdom of legal historians such as Willard Hurst.

Second, this review will paint a condensed portrait of Blumenthal’s methodology. Her book and its underlying analysis draw on a breathtaking base of source materials: Hundreds of cases, treatises, and biographical notes are woven into her observations. The careful depiction and analysis of these materials is …

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Faculty Works

This Essay studies the relationship between race, rhetoric, and history in three twentieth century segregation cases: State ex rel. Gaines v. Canada, Kraemer v. Shelley, and Liddell v. Board of Education. Part I gives a brief overview of the scholarship of Critical Race Theory, majoritarian narratives and minority counter-narratives, and the judiciary’s rhetoric in race-based cases. Part II analyzes the narratives and language of Gaines, Kraemer, and Liddell, provides the social context of these cases, and traces their historical outcomes.

The Essay contends that majoritarian narratives with problematic themes continue to perpetuate even though court opinions have evolved to use …

Living The Dream Of Adr: Reflections On Four Decades Of The Quiet Revolution In Dispute Resolution, Thomas J. Stipanowich

Cardozo Journal of Conflict Resolution

In the forty years since Chief Justice Warren Burger and Harvard Professor Frank Sander offered new visions and challenges for the administration of American justice at the 1976 Pound Conference, a Quiet Revolution in "ADR" has altered the landscape of public and private dispute resolution around the world. Its impact has been felt in the empowerment of individuals to intervene more effectively in conflict of all kinds for the betterment of disputing parties, of institutions, and society at large. It has inspired multitudes of local, regional, national, and international initiatives and fed into diverse realms of discourse, including public engagement, …

Dispute System Design And The Global Pound Conference, Lisa Blomgren Amsler

Cardozo Journal of Conflict Resolution

Since Roscoe Pound's famous 1906 speech to the American Bar Association on popular dissatisfaction with the administration of justice, the field of dispute resolution has taken up his cause. Frank Sander's speech at the 1976 Pound Conference marked a turning point in the field's growth and development within the United States. This symposium on its 40th Anniversary also marks a turning point: the globalization of alternative or appropriate dispute resolution ("ADR") in all its forms, in person and online, within and across national boundaries.

The History And Legacy Of The Pound Conferences, Lara Traum, Brian Farkas

Cardozo Journal of Conflict Resolution

In light of the GPC, it is useful to take a brief step back to consider the legacy of self-reflection that brings the field to this exciting moment. As we reflect, we find ourselves facing new challenges and raising new questions about the direction of alternative dispute resolution ("ADR") in the 21st century. In this Article, Sections II and III will introduce the "Framers" of the ADR industry's "Constitution," and Section IV will evaluate their 100-year legacy and consider the extent to which it now needs further amendments.