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Full-Text Articles in United States History

Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law Jan 2018

Newsroom: A Painful History 1-19-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


'Dred Scott V. Sandford' Analysis, Sarah E. Roessler Nov 2013

'Dred Scott V. Sandford' Analysis, Sarah E. Roessler

Student Publications

The Scott v. Sandford decision will forever be known as a dark moment in America's history. The Supreme Court chose to rule on a controversial issue, and they made the wrong decision. Scott v. Sandford is an example of what can happen when the Court chooses to side with personal opinion instead of what is right.


Table Annexed To Article: “The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist,”, Peter Aschenbrenner Sep 2012

Table Annexed To Article: “The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist,”, Peter Aschenbrenner

Peter J. Aschenbrenner

In Dred Scott v. Sandford, 60 U.S. 393 (1857), the Supreme Court passed up a chance to thread George Washington’s experience in transporting household staff across state lines; Washington obeyed Pennsylvania’s predicate: that a human being held to slavery in one state became free after six months in Pennsylvania. Since the features of this species of mobilia varied with the jurisdiction, the Supreme Court should have taken this landscape into account. George Washington did not import, with his household workers, ‘rules and understandings’ from Virginia.


“The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist", Peter J. Aschenbrenner Aug 2012

“The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist", Peter J. Aschenbrenner

Peter J. Aschenbrenner

In Dred Scott v. Sandford, 60 U.S. 393 (1857), the Supreme Court passed up a chance to thread George Washington’s experience in transporting household staff across state lines; Washington obeyed Pennsylvania’s predicate: that a human being held to slavery in one state became free after six months in Pennsylvania. Since the features of this species of mobilia varied with the jurisdiction, the Supreme Court should have taken this landscape into account. George Washington did not import, with his household workers, ‘rules and understandings’ from Virginia.


Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner Aug 2012

Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner

Peter J. Aschenbrenner

When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical ...


Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter J. Aschenbrenner Jul 2012

Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter J. Aschenbrenner

Peter J. Aschenbrenner

When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical ...