Topic

Legal History

Posts

  • ArticleVol. 92 · Iss. 6

    Asymmetry as Fairness: Reversing a Peremptory Trend

    A recent Ninth Circuit decision, prohibiting peremptory challenges on the basis of sexual orientation, reveals the continuing evolution of the Batson doctrine. Meanwhile, contrary…

  • ArticleVol. 92 · Iss. 2

    The Civil Rights Act of 1964

    In early 1963, Dr. Martin Luther King, Jr. led what would become known as the “Birmingham Campaign” with the Southern Leadership Conference in which…

  • ArticleVol. 97 · Iss. 6

    Untangling Entanglement

    The Court has increasingly signaled its interest in taking a more historical approach to the Establishment Clause. And in its recent American Legion decision, the Supreme…

  • ArticleVol. 97 · Iss. 6

    Reconsidering Thornton v. Caldor

    Thirty-five years ago, the United States Supreme Court decided Estate of Thornton v. Caldor. Caldor struck down, on Establishment Clause grounds, a Connecticut statute…

  • ArticleVol. 91 · Iss. 4

    The Anomaly of Entrapment

    Now in our second decade after 9/11, we are firmly in the prevention era of law enforcement. Faced with the unacceptable consequences of identifying…

  • ArticleVol. 91 · Iss. 4

    The Conventional Option

    The filibuster in the United States Senate effectively imposes a supermajority vote requirement to pass any legislation. Both supporters and critics of the filibuster…

  • ArticleVol. 97 · Iss. 4

    Illegitimate Citizenship Rules

    In 2017, the Supreme Court decided Sessions v. Morales-Santana, a challenge to 8 U.S.C. § 1409, the law governing the conferral of U.S. citizenship…

  • ArticleVol. 91 · Iss. 3

    Strange Bedfellows at Work: Neomaternalism in the Making of Sex Discrimination Law

    In contests about pregnancy discrimination during the 1970s, feminists, the business lobby, and anti-abortion activists disputed the meaning of sex equality. Existing scholarship has…

  • ArticleVol. 97 · Iss. 2

    Technologically Distorted Conceptions of Punishment

    Much recent work in academic literature and policy discussions suggests that the proliferation of actuarial—meaning statistical—assessments of a defendant’s recidivism risk in state sentencing…

  • ArticleVol. 98 · Iss. 6

    Delaware’s Fiduciary Imagination: Going-Privates and Lord Eldon’s Reprise

    What does it mean to be a fiduciary and does it really matter whether the law labels a person a fiduciary or not? Until…

  • ArticleVol. 98 · Iss. 6

    Stop Blaming Milton Friedman!

    A 1970 New York Times essay on corporate social responsibility by Milton Friedman is often said to have launched a shareholder-focused reorientation of managerial priorities in…

  • ArticleVol. 98 · Iss. 4

    Racial Transition

    The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of…