Topic
Legal History
Posts
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CommentaryVol. 90 · Iss. 5
Legislative Oversight of a Bill of Rights: A Way to Rectify Judicial Activism
The term ?judicial activism has become a common part of modern American political speech, though it remains ambiguous and can often mean many different…
Duane L. Ostler -
ArticleVol. 90 · Iss. 5
Blackness as Delinquency
This is one of the first law review article to analyze both the role of ?blackness? in shaping the first juvenile court and the…
Cheryl Nelson Butler -
ArticleVol. 90 · Iss. 3
Bankruptcy and the Future of Aggregate Litigation: The Past as Prologue?
Part I of this Article recounts the development of the law of business reorganizations and the sustained attack on bankruptcy practice that culminated in…
Troy A. McKenzie -
ArticleVol. 90 · Iss. 3
The History of the Modern Class Action, Part I: Sturm Und Drang, 1953–1980
This Article proceeds as follows. Part I describes the regulatory and adjectival conceptions and the dilemma of class action governance, some necessary table-setting before…
David Marcus -
ArticleVol. 98 · Iss. 1
Constraining the Statutory President
When agencies make decisions that are binding on the public, they must provide public notice, accept and consider public comments, and provide explanations for…
Kathryn E. Kovacs -
ArticleVol. 90 · Iss. 2
The Lawmaking Family
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a…
Noa Ben-Asher -
ArticleVol. 89 · Iss. 5
“A Horrible Fascination”: Sex, Segregation, and the Lost Politics of Obscenity
Building on current interest in the regulation of child pornography, this Article goes back to the 1950s, recovering a lost history of how southern…
Anders Walker -
CommentaryVol. 89 · Iss. 4
Bridging the Great Divide—A Response to Linda Greenhouse and Reva B. Siegel’s Before (and After) Roe v. Wade: New Questions About Backlash
This essay discusses the history of Roe v. Wade as recently addressed by Linda Greenhouse and Reva B. Siegel. Going beyond their assertions, I…
Lolita Buckner Inniss