Legal History Blog

scholarship, news and new ideas in legal history

Wednesday, December 17, 2008

Lacey on the Context and Significance of the Hart-Fuller Debate

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Out of the 'Witches' Cauldron'?: Reinterpreting the Context and Re-Assessing the Significance of the Hart-Fuller Debate is a ne...

Lesaffer on the nature of legal history

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Randall C.H. Lesaffer, Dean of Tilburg Law School , The Netherlands, has posted an essay about the nature of legal history, Law between Past...

Call for Contributors: Encyclopedia of the U.S. Justice System

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Contributors are sought for The U.S. Justice System: An Encyclopedia , edited by Steven Harmon Wilson for ABC-CLIO. Here's the announc...
Tuesday, December 16, 2008

E-mail trouble

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E-mail sent to me has been regularly getting caught in an overly ambitious spam filter. At least three messages sent during the past two wee...

Morgan on Canadian constitutional and literary history

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Sunshine Cases of a Little Constitution is an essay by Ed Morgan, University of Toronto Faculty of Law . Here's the abstract: This pape...

Crisis over Foreign Relations of the US Series

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"In a tense and adversarial meeting at the State Department yesterday, the chairman of the Department’s Historical Advisory Committee w...

Estreicher and Pelham-Webb on Mr. Justice Powell

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Samuel Estreicher and Tristan Pelham-Webb, NYU Law School have posted The Wisdom of Soft Judicial Power: Mr. Justice Powell Concurring . Th...

Nash on the Origins of Fair Lending LItigation

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Andrew Nash, Washington University-St. Louis School of Law , has posted what appeares to be a very useful piece of student work, The Origins...
Monday, December 15, 2008

Just published: Transformations in American Legal History: Essays in Honor of Morton Horwitz

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Transformations in American Legal History: Essays in Honor of Professor Morton J. Horwitz, edited by Daniel W. Hamilton and Alfred L. Brop...

Fellowship in Legal History at Minnesota

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The University of Minnesota announces a legal history fellowship program for 200 9-10. Especially after Minnesota's strong hiring in th...
Sunday, December 14, 2008

Milk and the movement

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Milk "is about a movement, not a man," writes Stuart Klawans for The Nation (subscription required). For Klawans, the Gus Van Sa...
Saturday, December 13, 2008

Monateri on the Multicultural Origins of the 'Western Legal Tradition'

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Black Gaius: A Quest for the Multicultural Origins of the 'Western Legal Tradition' has been posted on SSRN by P. G. Monateri, Univ...
Friday, December 12, 2008

Costantini, Equity Breaking Out: Politics as Justice

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Cristina Costantini, University of Bergamo , has posted a new paper, Equity Breaking Out: Politics as Justice . It will appear in POLEMOS ,...

Kent on the Common Origins of Property Rights and Privacy Rights in Georgia

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Pavesich, Property and Privacy: The Common Origins of Property Rights and Privacy Rights in Georgia is a new article by Michael B. Kent Jr....

Legal History in the Journal of British Studies

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A reader, Robert Richards, very helpfully writes of the following articles in the Journal of British Studies that may be of interest to oth...
Thursday, December 11, 2008

Barnett on The Misconceived Assumption About Constitutional Assumptions

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Randy E. Barnett, Georgetown University Law Center , questions common methods of drawing up on history in constitutional interpretation in a...

Winn on Katz and the Origins of the 'Reasonable Expectation of Privacy' Test

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Katz and the Origins of the "Reasonable Expectation of Privacy" Test is a new article by Peter A. Winn, University of Washington ...

Constitutional Studies: The Summer Workshop

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The Institute for Constitutional Studies of the George Washington University Law School announces its third regional workshop for college in...

Morrison on the Keith Case

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Trevor W. Morrison, Columbia Law School , has posted The Story of United States v. United States District Court (Keith): The Surveillance Po...
Wednesday, December 10, 2008

Hulsebosch on Kent, Story and the Legacy of the American Revolution

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Daniel J. Hulsebosch ,New York University School of Law, has posted Debating the Transformation of American Law: James Kent, Joseph Story, a...

Civil Rights and the Presidency: From Nixon to Obama

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I have only just spotted an advertisement for “Civil Rights and the Presidency: From Nixon to Obama,” this year’s Alan B. Larkin Symposium ...
Tuesday, December 9, 2008

Simon-Kerr on The Use of Gendered Conceptions of Honor in Impeachment

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Julia Ann Simon-Kerr , Yale JD 2008, draws upon legal history in Unchaste and Incredible: The Use of Gendered Conceptions of Honor in Impeac...

Baum and Fritz on Constitutional Compilations

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Marsha L. Baum and Christian G. Fritz, University of New Mexico School of Law , have posted American Constitution-Making: The Neglected Stat...
Monday, December 8, 2008

Law & Society deadline today!

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The deadline for proposals for the Law and Society Association annual meeting is today, December 8 . I am on the Program Committee, and I ...

Schmidt on Brown and the Colorblind Constitution

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Christopher W. Schmidt, American Bar Foundation , has posted Brown and the Colorblind Constitution , which is forthcoming in volume 94 of th...
Sunday, December 7, 2008

The best book lists

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Holiday books and best book lists are featured in the book pages this weekend. The big legal history winner? Annette Gordon-Reed , The Hemin...

Reminder: Jerome Hall Postdoctoral Fellowship

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Back in October, I posted an announcement of the Jerome Hall Postdoctoral Fellowship at Indiana University-Bloomington. The selectors have...
Saturday, December 6, 2008

Ogletree & Sarat, When Law Fails: Making Sense of Miscarriages of Justice

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When Law Fails: Making Sense of Miscarriages of Justice , edited by Charles J. Ogletree, Jr. and Austin Sarat , is now available for pre-or...

Peretti, An Empirical Analysis of Bickel, The Least Dangerous Branch

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Terri L. Peretti, Political Science, Santa Clara University , examines the empirical assumptions underlying a classic work of constitutional...

Thompson on Meinhard v. Salmon

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Robert B. Thompson, Vanderbilt University School of Law , has posted The Story of Meinhard v. Sal mon and Fiduciary Duty's Punctilio . ...
Friday, December 5, 2008

Sachs on Full Faith and Credit in the Early Republic

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Full Faith and Credit in the Early Congress is a new article by Stephen E. Sachs . It is forthcoming in the Virginia Law Review . Here'...

Finkelman on Foreign Law and American Constitutional Interpretation: A Long and Venerable Tradition

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Paul Finkelman, Albany Law School , has posted an article, Foreign Law and American Constitutional Interpretation: A Long and Venerable Trad...

Property at the Folger Library

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The Folger Library in Washington, D.C., announces a "late-spring" seminar, "Changing Conceptions of Property"," to ...

Stone on John R. Commons & Legal Realism

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Katherine V. W. Stone, UCLA School of Law , has posted “ John R. Commons and the Origins of Legal Realism; or, the Other Tragedy of the Comm...
Thursday, December 4, 2008

Lombardo on Buck v. Bell

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Paul A. Lombardo, Georgia State University College of Law , has posted the introduction and prologue to Three Generations, No Imbeciles: Eu...

Securities and Empire

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The Securities and Exchange Commission Historical Society announces the opening of a new gallery in its Virtual Museum and Archive . "...
Wednesday, December 3, 2008

AHA Book Prize Winners for 2008

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The American Historical Association's newsletter for the annual meeting, "New York City and Historians," brings word of the wi...

Nelson on Summary Judgment and the Progressive Constitution

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William E. Nelson, NYU Law School , has posted Summary Judgment and the Progressive Constitution , a contribution to a symposium on Suja Tho...
Tuesday, December 2, 2008

Citizen Whitman

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The Governing America in a Global Era program at the University of Virginia's Miller Center of Public Affairs will host Jason Frank, Dep...
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