The Experts below are selected from a list of 318 Experts worldwide ranked by ideXlab platform
Gerald Leonard - One of the best experts on this subject based on the ideXlab platform.
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A History of Violence
The Oxford Handbook of Legal History, 2018Co-Authors: Gerald LeonardAbstract:This chapter discusses the violence of Constitutional law, as verified by American Constitutional History. It seeks to illuminate the centrality of violence to American Constitutional History, and in so doing, illuminate the shape and trajectory, the limits and possibilities, of American Constitutional law in the present. Although nothing could be easier than to find epic examples of injustice in American Constitutional History, the object is not to call out injustice as such but to illustrate the violence—justified or not—at the root of and in the continuing History of American Constitutional law. Using the History of ongoing controversies in the American Constitutional law of crime, the chapter makes the case for the ongoing violence of Constitutional law.
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law and politics reconsidered a new Constitutional History of dred scott
2009Co-Authors: Gerald LeonardAbstract:This essay synthesizes recent writing on the Constitutional History of slavery, featuring Mark Graber’s Dred Scott and the Problem of Constitutional Evil (2006). It offers a historical and legal analysis of Dred Scott that attempts to clarify the roles of both law and politics in controversial judicial decisions. It joins Graber in rehabilitating Chief Justice Taney’s Dred Scott opinion as a plausible implementation of a Constitution that was born in slavery and grew only more suffused with slavery over time. It integrates much recent writing on the social, political, and Constitutional History of slavery to develop the context in which the Dred Scott opinions must be read. And it finds that Justice Curtis’s celebrated dissent amounted to an unjudicial manipulation of the law, not the judicial masterpiece of historiographical lore, although driven by the higher purpose of striking at the political hegemony of the slaveholding class.
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Law and Politics Reconsidered: A New Constitutional History of Dred Scott
Law & Social Inquiry, 2009Co-Authors: Gerald LeonardAbstract:This essay synthesizes recent writing on the Constitutional History of slavery, featuring Mark Graber's Dred Scott and the Problem of Constitutional Evil (2006). It offers a historical and legal analysis of Dred Scott that attempts to clarify the roles of both law and politics in controversial judicial decisions. It joins Graber in rehabilitating Chief Justice Taney's Dred Scott opinion as a plausible implementation of a Constitution that was born in slavery and grew only more suffused with slavery over time. It integrates much recent writing on the social, political, and Constitutional History of slavery to develop the context in which the Dred Scott opinions must be read. And it finds that Justice Curtis's celebrated dissent amounted to an unjudicial manipulation of the law, albeit for the higher purpose of striking at the political hegemony of the slaveholding class. This essay is an abridgement of a longer work (Leonard 2009) that offers, among other things, further analysis of the unjudicial character of Curtis's dissent.
Risa L Goluboff - One of the best experts on this subject based on the ideXlab platform.
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dispatch from the supreme court archives vagrancy abortion and what the links between them reveal about the History of fundamental rights
Stanford Law Review, 2009Co-Authors: Risa L GoluboffAbstract:This Essay explores the implications for Constitutional History of several documents I found in the archives of Supreme Court Justices William O. Douglas, William J. Brennan, Jr., Thurgood Marshall, Potter Stewart, and Harry Blackmun. In particular, I discuss (1) portions of an early draft of Justice Douglas’s opinion in the 1972 vagrancy case of Papachristou v. City of Jacksonville; (2) memoranda from Justices Brennan and Stewart about that opinion; and (3) memoranda between Justices Brennan and Douglas about Roe v. Wade. These documents - which I have reproduced in an appendix - shed new light on several apparently disparate issues in Constitutional law: the Supreme Court’s use of void-for-vagueness doctrine; the social and Constitutional History of vagrancy law; the possibility and contours of Constitutional regulation of substantive criminal law; the relationship between Papachristou and Roe; and the development and conceptualization of substantive due process. These documents invite us to think both more deeply and more broadly about who was engaged in constructing the intellectual framework of modern fundamental rights, about where in the constitution such rights would be located, and about what the contours of such rights would be.
Alain Marciano - One of the best experts on this subject based on the ideXlab platform.
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Federalism and Conflicts over Principalship. Some Insights into the American Constitutional History
Constitutional Political Economy, 2004Co-Authors: Jean-michael Josselin, Alain MarcianoAbstract:The article provides an economic interpretation of Kelsen's theory of decentralized governments. It helps to distinguish different forms of federalism and in particular the corresponding conflicts of principalship inside the governmental structure. The model is applied to the early American Constitutional History and shows how opposed views of agency relationships in the constitution foreshadowed what would later end up in a civil war.
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Federalism and conflicts over principalship. Some insights into the American Constitutional History
2004Co-Authors: Jean-michael Josselin, Alain MarcianoAbstract:The article provides an economic interpretation of Kelsen's theory of decentralized governments. It helps to distinguish different forms of federalism and in particular the corresponding conflicts of principalship inside the governmental structure. The model is applied to the early American Constitutional History and shows how opposed views of agency relationships in the constitution foreshadowed what would later end up in a civil war. (This abstract was borrowed from another version of this item.)
Roger D. Congleton - One of the best experts on this subject based on the ideXlab platform.
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America’s neglected debt to the Dutch, an institutional perspective
Constitutional Political Economy, 2008Co-Authors: Roger D. CongletonAbstract:Constitutional evolution, Constitutional reform, Constitutional History, Public choice, Dutch republic, American Revolution, Glorious Revolution, D72, H11, N40, F54,
Edward G White - One of the best experts on this subject based on the ideXlab platform.
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west coast hotel s place in american Constitutional History
2012Co-Authors: Edward G WhiteAbstract:For many years West Coast Hotel v. Parrish has been part of one of the central narratives of twentieth-century American Constitutional History. In that narrative, West Coast Hotel represents the Supreme Court's abandonment of a Constitutional jurisprudence featuring aggressive scrutiny of legislation that regulated economic activity or redistributed economic benefits. The abandonment came, according to the narrative, in response to the introduction of a plan by the Franklin Roosevelt administration to alter the membership of the Court. This Essay seeks to show that the conventional narrative is misleading and distorts the significance of West Coast Hotel. It also seeks to show that West Coast Hotel's significance comes from its position in a different narrative, featuring clashing views on the issue of Constitutional adaptivity: how general provisions of the Constitution are adapted to new controversies and whether the meaning of those provisions can be said to change in the process. In that narrative the interpretive postures of "originalism" and "living Constitution" jurisprudence make their appearance, serving to tie West Coast Hotel to contemporary debates about Constitutional interpretation.