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Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins 2019 William & Mary Law School

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Neal E. Devins

No abstract provided.


The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas 2019 William & Mary Law School

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Davison M. Douglas

No abstract provided.


The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas 2019 William & Mary Law School

The Rhetoric Of Moderation: Desegregating The South During The Decade After Brown, Davison M. Douglas

Davison M. Douglas

No abstract provided.


The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas 2019 William & Mary Law School

The Surprising Role Of Racial Hierarchy In The Civil Rights Jurisprudence Of The First Justice John Marshall Harlan, Davison M. Douglas

Davison M. Douglas

The first Justice John Marshall Harlan’s status as one of the greatest Supreme Court Justices in American history rests largely upon his civil rights jurisprudence. The literature exploring the nuances of Harlan’s civil rights jurisprudence is vast. Far less attention has been paid to the reasons for Harlan’s strong civil rights views. Developing a rich sense of Harlan’s thinking has been difficult because Harlan did not leave behind a large trove of non-judicial writings. There is, however, a remarkable source of Harlan’s thought that has been largely overlooked by scholars: Harlan’s constitutional law lectures ...


The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas 2019 William & Mary Law School

The Rhetorical Uses Of Marbury V. Madison: The Emergence Of A "Great Case", Davison M. Douglas

Davison M. Douglas

Marbury v. Madison is today indisputably one of the "great cases" of American constitutional law because of its association with the principle of judicial review. But for much of its history, Marbury has not been regarded as a seminal decision. Between 1803 and 1887, the Supreme Court never once cited Marbury for the principle of judicial review, and nineteenth century constitutional law treatises were far more likely to cite Marbury for the decision's discussion of writs of mandamus or the Supreme Court's original jurisdiction than for its discussion of judicial review. During the late nineteenth century, however, the ...


Foreword: The Legacy Of St. George Tucker, Davison M. Douglas 2019 William & Mary Law School

Foreword: The Legacy Of St. George Tucker, Davison M. Douglas

Davison M. Douglas

No abstract provided.


Book Review Of Faiths Of The Founding Fathers, Davison M. Douglas 2019 William & Mary Law School

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

Davison M. Douglas

No abstract provided.


The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

The Interpretive Authority Of Consensus In The Lower Courts, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl 2019 William & Mary Law School

How Should Elected Judges Interpret Statutes?, Aaron-Andrew P. Bruhl

Aaron-Andrew P. Bruhl

No abstract provided.


Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody 2019 College of William & Mary

Heller, Mcdonald, And Murder: Testing The More Guns = More Murder Thesis, Don B. Kates, Carlisle Moody

Carlisle Moody

No abstract provided.


Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen 2019 William & Mary Law School

Think You Know A Lot About Our Constitution?, Jesse Rutledge, Allison Orr Larsen

Allison Orr Larsen

You may know that it was signed in Philadelphia in 1787, that the oldest signer was Benjamin Franklin and that it doesn’t include the word “democracy.” William & Mary Law Professor Allison Orr Larsen, an expert in constitutional law, can tell you a lot more about it. With Constitution Day (Sept. 17, 2018) upon us, Professor Larsen talks about the document’s strengths and weaknesses and its major misconceptions. And she discusses what she thinks will have to happen before it is amended again.


Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School of Law, Lorraine Lalli, Bre'Anna Metts-Nixon, Michael M. Bowden 2019 Roger Williams University School of Law

Dorothy R. Crockett Classroom Dedication September 10, 2019, Roger Williams University School Of Law, Lorraine Lalli, Bre'anna Metts-Nixon, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Rwu Law Will Dedicate Classroom To Ri's First African-American Woman Lawyer 9-4-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School of Law 2019 Roger Williams University

Law Library Blog (September 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura 2019 The Graduate Center, City University of New York

El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura

All Dissertations, Theses, and Capstone Projects

In 1593, the Judge Mateo Alemán was in charge of inspecting the quicksilver mines of Almadén in Spain to report on the situation of its workers, prisoners of the Crown, and galley men forced to work in the mercury exploitation. After one month of work, the assignment was cancelled, Alemán was forced to retire from his research, and his work was lost in the archives of the Habsburgs. A few years later, in 1598, Alemán published his famous best seller, El Guzmán de Alfarache.

Alemán’s legal Report, finally found and published in 1966 by Germán Bleiberg, is a narrative ...


The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber 2019 University of Minnesota

The Constitution's Forgotten Cover Letter: An Essay On The New Federalism And The Original Understanding, Daniel A. Farber

Daniel A Farber

At the end of the summer of 1787, the Philadelphia Convention issued two documents. One was the Constitution itself. The other document, now almost forgotten even by constitutional historians, was an official letter to Congress, signed by George Washington on behalf of the Convention. Congress responded with a resolution that the Constitution and "letter accompanying the same" be sent to the state legislatures for submission to conventions in each state.

The Washington letter lacks the detail and depth of some other evidence of original intent. Being a cover letter, it was designed only to introduce the accompanying document rather than ...


Why Didn't The Common Law Follow The Flag?, Christian Burset 2019 Notre Dame Law School

Why Didn't The Common Law Follow The Flag?, Christian Burset

Christian Burset

This Article considers a puzzle about how different kinds of law came to be distributed around the world. The legal systems of some European colonies largely reflected the laws of the colonizer. Other colonies exhibited a greater degree of legal pluralism, in which the state administered a mix of different legal systems. Conventional explanations for this variation look to the extent of European settlement: where colonizers settled in large numbers, they chose to bring their own laws; otherwise, they preferred to retain preexisting ones. This Article challenges that assumption by offering a new account of how and why the British ...


Fair Precaution, Gregory C. Keating 2019 University of Southern California

Fair Precaution, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This book chapter briefly sketches a general framework which explains why questions of fairness have a natural salience when the imposition of risks of harm by some on others is at issue, and it applies that conception to major aspects of negligence law. Fairness comes to the fore because risk impositions require us to compare what those who impose the risks stand to gain, and those upon whom they are imposed stand to lose. Determinations of due care reconcile competing claims of liberty and security, for a plurality of persons. Fairly reconciling liberty and security requires reconciling them on terms ...


Between Absolutism And Efficiency: Reply To Professors Giestfeld, Gray, And Priel, Gregory C. Keating 2019 University of Southern California

Between Absolutism And Efficiency: Reply To Professors Giestfeld, Gray, And Priel, Gregory C. Keating

University of Southern California Legal Studies Working Paper Series

This paper replies to Professor Geistfeld, Grady, and Priel’s excellent comments on my article Principles of Risk Imposition and the Priority of Avoiding Harm, 36 Revus J. for Const. Th. & Phil. of Law, 7 (2018). Both my article and Professor Geistfeld’s, Grady’s and Priel’s papers are part of the “Symposium: Risk Regulation and Tort Law, A discussion with Gregory C. Keating.” This Reply completes the Symposium. It attempts, briefly, to develop two lines of argument. One line attempts to respond to the specific criticism that Professors Geistfeld, Grady, and Priel, make in the Comments. In part ...


Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper 2019 University of California, Berkeley

Consequences Of Supreme Court Decisions Upholding Individual Constitutional Rights, Jesse H. Choper

Jesse H Choper

The thrust of this Article is to attempt to ascertain just what differences the Court's judgments upholding individual constitutional rights have made for those who fall within the ambit of their protection. It seeks to address such questions as: What were the conditions that existed before the Court's ruling? How many people were subject to the regime that was invalidated by the Justices? Was the Court's mandate successfully implemented? What were the consequences for those affected? At a subjective level, were the repercussions perceived as salutary by those (or at least most of those) who were the ...


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