Recent Scholarship
Legal and Constitutional
Adkins, Jason A., “Lincoln’s Constitution Revisited,” Northern Kentucky Law Review, 36 (no. 2, 2009), 211–50.
Alexander, Rudolph, Jr., “Differential Laws for African Americans: Inequality from the Past Continues to the Present,” Thomas M. Cooley Law Review, 25 (no. 1, 2008), 27–55.
Allen, Austin, “Jacksonian Jurisprudence and the Obscurity of Justice John Carton,” Vanderbilt Law Review, 62 (March 2009), 491–517.
Anderson, José Felipé, “Freedom of Association, the Communist Party, and the Hollywood Ten: The Forgotten First Amendment Legacy of Charles Hamilton Houston,” McGeorge Law Review, 40 (no. 1, 2009), 25–54.
Aynes, Richard L., “Enforcing the Bill of Rights against the States: The History and the Future,” Journal of Contemporary Legal Issues, 18 (2009), 77–152.
Aynes, Richard L., “Ink Blot or Not: The Meaning of Privileges and/or Immunities,” University of Pennsylvania Journal of Constitutional Law, 11 (July 2009), 1295–1327.
Baade, Hans W., “Chapters in the History of the Supreme Court of Texas: Reconstruction and ‘Redemption’ (1866–1882),” St. Mary’s Law Journal, 40 (no. 1, 2008), 17–203.
Bailey, Martha J., “‘Momma’s Got the Pill’: How Anthony Comstock and Griswold v. Connecticut Shaped U.S. Childbearing,” American Economic Review, 100 (March 2010), 98–129.
Barbash, Barry P., and Jai Massari, “The Investment Advisers Act of 1940: Regulation by Accretion,” Rutgers Law Journal, 39 (Spring 2008), 627–56.
Bilder, Mary Sarah, “James Madison, Law Student and Demi-lawyer,” Law & History Review, 28 (May 2010), 389–449.
Billings, Roger D., Jr., “Lincoln’s Legal Ethics,” Northern Kentucky Law Review, 36 (no. 2, 2009), 251–62.
Bird, Robert C., and Donald J. Smythe, “The Structure of American Legal Institutions and the Diffusion of Wrongful-Discharge Laws, 1978–1999,” Law & Society Review, 42 (Dec. 2008), 833–64.
Bloch, Susan Low, “Celebrating Thurgood Marshall: The Prophetic Dissenter,” Howard Law Journal, 52 (Spring 2009), 617–36.
Bogen, David S., “Rebuilding the Slaughter-House: The Cases’ Support for Civil Rights,” Akron Law Review, 42 (no. 4, 2009), 1129–64.
Bone, Robert G., “‘To Encourage Settlement’: Rule 68, Offers of Judgment, and the History of the Federal Rules of Civil Procedure,” Northwestern University Law Review, 102 (Fall 2008), 1561–1621.
Borch, Fred L., “The Historical Role of Military Lawyers in National Security Trials,” South Texas Law Review, 50 (Summer 2009), 717–41.
Bowman, Cynthia Grant, “Women in the Legal Profession from the 1920s to the 1970s: What Can We Learn from Their Experience about Law and Social Change?,” Maine Law Review, 61 (no. 1, 2009), 1–25.
Bowman, Kristi L., “The Civil Rights Roots of Tinker’s Disruption Tests,” American University Law Review, 58 (June 2009), 1129–65.
Bracha, Oren, “The Ideology of Authorship Revisited: Authors, Markets, and Liberal Values in Early American Copyright,” Yale Law Journal, 118 (Nov. 2008), 186–271.
Brenner, Samuel, “‘Airbrushed out of the Constitutional Canon’: The Evolving Understanding of Giles v. Harris, 1903–1925,” Michigan Law Review, 107 (March 2009), 853–79.
Brenner, Samuel, “‘Negro Blood in His Veins’: The Development and Disappearance of the Doctrine of Defamation Per Se by Racial Misidentification in the American South,” Santa Clara Law Review, 50 (no. 2, 2010), 333–406.
Brooks, Roy L., “Conley and Twombly: A Critical Race Theory Perspective,” Howard Law Journal, 52 (Fall 2008), 31–72.
Brooks, Roy L., “Toward a Post-atonement America: The Supreme Court’s Atonement for Slavery and Jim Crow,” University of Kansas Law Review, 57 (May 2009), 739–54.
Brophy, Alfred L., “‘The Law of the Descent of Thought’: Law, History, and Civilization in Antebellum Literary Addresses,” Law & Literature, 20 (Fall 2008), 343–402.
Brown, Rebecca, “Deep and Wide: Justice Marshall’s Contributions to Constitutional Law,” Howard Law Journal, 52 (Spring 2009), 637–53.
Bryant, Douglas, III, “‘A Failure to Act’ from Brown v. Board of Education to Sheff v. O’Neill: The American Educational System Will Remain Segregated,” Thomas M. Cooley Law Review, 25 (no. 1, 2008), 1–25.
Calabresi, Steven G., and Sarah E. Agudo, “Individual Rights under State Constitutions when the Fourteenth Amendment Was Ratified in 1868: What Rights Are Deeply Rooted in American History and Tradition?,” Texas Law Review, 87 (Nov. 2008), 7–120.
Camden, Jen, and Kathryn E. Fort, “‘Channeling Thought’: The Legacy of Legal Fictions from 1823,” American Indian Law Review, 33 (no. 1, 2008–2009), 77–109.
Campbell, Colin D., and Rosemary G. Campbell, “Early Land Leases in the Cherry Valley Patent, 1743–1851,” New York History, 90 (Winter–Spring 2009), 59–77.
Caretti, Kathryn M., and N. Pieter M. O’Leary, “The Story of the Jena Six: The Interplay of History, Hate Crimes, Racial Inequality, and Legal Justice in Jena, Louisiana,” Human Rights & Globalization Law Review, 1 (Fall–Spring 2007–2008), 3–38.
Carle, Susan D., “Debunking the Myth of Civil Rights Liberalism: Visions of Racial Justice in the Thought of T. Thomas Fortune, 1880–1890,” Fordham Law Review, 77 (March 2009), 1479–1533.
Carter, Robert L., “Civil Procedure as a Vindicator of Civil Rights: The Relevance of Conley v. Gibson in the Era of ‘Plausibility Pleading,’” Howard Law Journal, 52 (Fall 2008), 17–30.
Casebeer, Kenneth M., “Memory Lost: Brown v. Board and the Constitutional Economy of Liberty and Race,” University of Miami Law Review, 63 (Jan. 2009), 537–47.
Cashin, Sheryll D., “Justice Thurgood Marshall: A Race Man’s Race-Transcending Jurisprudence,” Howard Law Journal, 52 (Spring 2009), 507–22.
Cole, Ryan L., “The Fiery Trial and the Indefinite Peaceful Future: Abraham Lincoln and the Law of War and the Law of Peace,” Lincoln Herald, 111 (Fall 2009), 222–34.
Connally, C. Ellen, “The Use of the Fourteenth Amendment by Salmon P. Chase in the Trial of Jefferson Davis,” Akron Law Review, 42 (no. 4, 2009), 1165–1200.
Cornell, Saul, “Heller, New Originalism, and Law Office History: ‘Meet the New Boss, Same as the Old Boss,’” ucla Law Review, 56 (June 2009), 1095–125.
Crook, Jason A., “From the Civil War to the War on Terror: The Evolution and Application of the State Secrets Privilege,” Albany Law Review, 72 (no. 1, 2009), 57–77.
Crooms, Lisa A., “A Stone’s Throw to Justice: Liberty, Equality, and Women’s Rights in the Supreme Court Opinions of Justice Thurgood Marshall,” Howard Law Journal, 52 (Spring 2009), 559–82.
Crowe, Justin, “Westward Expansion, Preappointment Politics, and the Making of the Southern Slaveholding Supreme Court,” Studies in American Political Development, 24 (April 2010), 90–120.
Curtis, Michael Kent, “The Klan, the Congress, and the Court: Congressional Enforcement of the Fourteenth and Fifteenth Amendments and the State Action Syllogism; A Brief Historical Overview,” University of Pennsylvania Journal of Constitutional Law, 11 (July 2009), 1381–1430.
Davis, Martha F., “The Equal Rights Amendment: Then and Now,” Columbia Journal of Gender and Law, 17 (no. 3, 2008), 419–59.
Dripps, Donald A., “The Fourteenth Amendment, the Bill of Rights, and the (First) Criminal Procedure Revolution,” Journal of Contemporary Legal Issues, 18 (2009), 469–500.
Edwards, Laura F., “The Forgotten Legal World of Thomas Ruffin: The Power of Presentism in the History of Slave Law,” North Carolina Law Review, 87 (March 2009), 855–900.
Ehrlich, J. Shoshanna, “You Can Steal Her Virginity but Not Her Doll: The Nineteenth Century Campaign to Raise the Legal Age of Sexual Consent,” Cardozo Journal of Law & Gender, 15 (Winter 2009), 229–46.
Ely, James W., Jr., “Rufus W. Peckham and Economic Liberty,” Vanderbilt Law Review, 62 (March 2009), 591–638.
England-Huff, Ashley, “Abraham Lincoln and Salmon P. Chase: Differing Backgrounds Predictive of Disparate Positions on Slavery,” Northern Kentucky Law Review, 36 (no. 2, 2009), 317–31.
Ernst, Daniel R., “The Politics of Administrative Law: New York’s Anti-bureaucracy Clause and the O’Brian-Wagner Campaign of 1938,” Law & History Review, 27 (Summer 2009), 331–71.
Ewald, William, “James Wilson and the Drafting of the Constitution,” University of Pennsylvania Journal of Constitutional Law, 10 (June 2008), 901–1009.
Finkelman, Paul, “John McLean: Moderate Abolitionist and Supreme Court Politician,” Vanderbilt Law Review, 62 (March 2009), 519–65.
Finkelman, Paul, “The American Suppression of the African Slave Trade: Lessons on Legal Change, Social Policy, and Legislation,” Akron Law Review, 42 (no. 2, 2009), 431–67.
Finkelman, Paul, “Was Dred Scott Correctly Decided? An ‘Expert Report’ for the Defendant,” Lewis & Clark Law Review, 12 (Winter 2008), 1219–52.
Fisher, Rebecca B., “The History of American Bounty Hunting as a Study in Stunted Legal Growth,” New York University Review of Law and Social Change, 33 (no. 2, 2009), 199–233.
Fox, James, “Fourteenth Amendment Citizenship and the Reconstruction-Era Black Public Sphere,” Akron Law Review, 42 (no. 4, 2009), 1245–75.
Garrett, Elizabeth, “New Voices in Politics: Justice Marshall’s Jurisprudence on Law and Politics,” Howard Law Journal, 52 (Spring 2009), 655–90.
Garrow, David J., “Foreshadowing the Future: 1957 and the United States Black Freedom Struggle,” Arkansas Law Review, 62 (no. 1, 2009), 1–28.
Gavil, Andrew I., “Civil Rights and Civil Procedure: The Legacy of Conley v. Gibson,” Howard Law Journal, 52 (Fall 2008), 1–16.
Ginsburg, Ruth Bader, “Muller v. Oregon: One Hundred Years Later,” Willamette Law Review, 45 (Spring 2009), 359–80.
Goldberg, Suzanne B., “Marriage as Monopoly: History, Tradition, Incrementalism, and the Marriage–Civil Union Distinction,” Connecticut Law Review, 41 (July 2009), 1397–1424.
Goluboff, Risa L., “The Thirteenth Amendment in Historical Perspective,” University of Pennsylvania Journal of Constitutional Law, 11 (July 2009), 1451–73.
Gorski, Ashley, “The Author of Her Trouble: Abortion in Nineteenth- and Early Twentieth-Century Judicial Discourses,” Harvard Journal of Law and Gender, 32 (Summer 2009), 431–62.
Graber, Mark A., “The Price of Fame: Brown as Celebrity,” Ohio State Law Journal, 69 (no. 5, 2008), 939–1013.
Gugin, Linda C., “Sherman Minton: Restraint against a Tide of Activism,” Vanderbilt Law Review, 62 (March 2009), 757–94.
Hall, Megan B., “Abraham Lincoln and the Evolution of a Fee Simple Deed,” Northern Kentucky Law Review, 36 (no. 2, 2009), 333–48.
Hardy, David T., “Original Popular Understanding of the Fourteenth Amendment as Reflected in the Print Media of 1866–1868,” Whittier Law Review, 30 (Summer 2009), 695–722.
Hasnas, John, “The Centenary of a Mistake: One Hundred Years of Corporate Criminal Liability,” American Criminal Law Review, 46 (Fall 2009), 1329–58.
Hernández, César Cuauhtémoc García, “Of Inferior Stock: The Two-Pronged Repression of Radical Immigrant Birth Control Advocates at the Turn of the Twentieth Century,” St. Thomas Law Review, 20 (Spring 2008), 513–37.
Hoffheimer, Michael H., “Race and Terror in Joseph Baldwin’s The Flush Times of Alabama and Mississippi,” Seton Hall Law Review, 39 (no. 3, 2009), 725–78.
Holland, David F., “Sovereign Silences and the Voice of War in the American Conflict over Slavery,” Law & History Review, 26 (Fall 2008), 571–94.
Huhn, Wilson R., “The Legacy of Slaughterhouse, Bradwell, and Cruikshank in Constitutional Interpretation,” Akron Law Review, 42 (no. 4, 2009), 1051–80.
Hurn, Marcus, “State Constitutional Limits on New Hampshire’s Taxing Power: Historical Development and Modern State,” Pierce Law Review, 7 (June 2009), 251–325.
Hylton, J. Gordon, “The Perils of Popularity: David Josiah Brewer and the Politics of Judicial Reputation,” Vanderbilt Law Review, 62 (March 2009), 567–90.
Jones, D. Marvin, “The Original Meaning of Brown: Seattle, Segregation, and the Rewriting of History,” University of Miami Law Review, 63 (Jan. 2009), 629–55.
Jordan, Gwen Hoerr, “‘Horror of a Woman’: Myra Bradwell, the 14th Amendment, and the Gendered Origins of Sociological Jurisprudence,” Akron Law Review, 42 (no. 4, 2009), 1201–44.
Kahan, Daniel R., “Shareholder Liability for Corporate Torts: A Historical Perspective,” Georgetown Law Journal, 97 (April 2009), 1085–1110.
Kawashima, Yasuhide, “Farmers, Ranchers, and the Railroad: The Evolution of Fence Law in the Great Plains, 1865–1900,” Great Plains Quarterly, 30 (Winter 2010), 21–35.
Kimball, Bruce A., and Brian S. Shull, “The Ironical Exclusion of Women from Harvard Law School, 1870–1900,” Journal of Legal Education, 58 (March 2008), 3–31.
Konig, David Thomas, “Why the Second Amendment Has a Preamble: Original Public Meaning and the Political Culture of Written Constitutions in Revolutionary America,” ucla Law Review, 56 (June 2009), 1295–1342.
Krupa, Kimberly, “‘So-Called Indians’ Stand up and Fight: How a Jim Crow Suit Thrust a Louisiana School System into the Civil Rights Movement,” Louisiana History, 51 (Spring 2010), 171–94.
Kuffner, Michael R., “From Public Schools to Public Libraries: Examining the Impact of Brown v. Board of Education on the Desegregation of Public Libraries,” Alabama Law Review, 59 (no. 4, 2008), 1247–75.
Labunski, Richard, “The Second Convention Movement, 1787–1789,” Constitutional Commentary, 24 (Fall 2007), 567–600.
LaCroix, Alison L., “The Authority for Federalism: Madison’s Negative and the Origins of Federal Ideology,” Law & History Review, 28 (May 2010), 451–505.
Landau, Jack L., “The Search for the Meaning of Oregon’s Search and Seizure Clause,” Oregon Law Review, 87 (no. 3, 2008), 819–66.
Larson, Carlton F. W., “The Revolutionary American Jury: A Case Study of the 1778–1779 Philadelphia Treason Trials,” smu Law Review, 61 (Fall 2008), 1441–1524.
Linde, Hans A., “What Is a Constitution, What Is Not, and Why Does It Matter?,” Oregon Law Review, 87 (no. 3, 2008), 717–30.
Lund, John M., “The Contested Will of ‘Goodman Penn’: Anglo–New England Politics, Culture, and Legalities, 1688–1716,” Law & History Review, 27 (Fall 2009), 549–84.
Malcolm, Joyce Lee, “The Supreme Court and the Uses of History: District of Columbia v. Heller,” ucla Law Review, 56 (June 2009), 1377–98.
Mashaw, Jerry L., “Administration and ‘The Democracy’: Administrative Law from Jackson to Lincoln, 1829–1861,” Yale Law Journal, 117 (June 2008), 1568–1693.
Mayer, David N., “The Myth of ‘Laissez-Faire Constitutionalism’: Liberty of Contract during the Lochner Era,” Hastings Constitutional Law Quarterly, 36 (Winter 2009), 217–84.
McMahon, Stephanie Hunter, “To Save State Residents: States’ Use of Community Property for Federal Tax Reduction, 1939–1947,” Law & History Review, 27 (Fall 2009), 585–625.
Meyer, David D., “The Constitutionalism of Family Law,” Family Law Quarterly, 42 (Fall 2008), 529–72.
Miller, Darrell A. H., “White Cartels, the Civil Rights Act of 1866, and the History of Jones v. Alfred H. Mayer Co.,” Fordham Law Review, 77 (Dec. 2008), 999–1050.
Molina, Natalia, “‘In a Race All Their Own’: The Quest to Make Mexicans Ineligible for U.S. Citizenship,” Pacific Historical Review, 79 (May 2010), 167–201.
Mooney, Ralph James, “Remembering 1857,” Oregon Law Review, 87 (no. 3, 2008), 731–81.
Myers, John E. B., “A Short History of Child Protection in America,” Family Law Quarterly, 42 (Fall 2008), 449–63.
Nadelhaft, Jerome, “‘The Public Gaze and the Prying Eye’: The South and the Privacy Doctrine in Nineteenth-Century Wife Abuse Cases,” Cardozo Journal of Law & Gender, 14 (Summer 2008), 549–607.
Norman, John P., “‘Self-Preservation Is the Supreme Law’: State Rights vs. Military Necessity in Alabama Civil War Conscription Cases,” Alabama Law Review, 60 (no. 3, 2009), 727–49.
O’Hanlon, Stephen, “Justice Kennedy’s Short-Lived Libertarian Revolution: A Brief History of Supreme Court Libertarian Ideology,” Cardozo Public Law, Policy, and Ethics Journal, 7 (Fall 2008), 1–44.
Ogletree, Charles J., Jr., “From Dred Scott to Barack Obama: The Ebb and Flow of Race Jurisprudence,” Harvard Blackletter Law Journal, 25 (Spring 2009), 1–39.
Oldham, J. Thomas, “Changes in the Economic Consequences of Divorces, 1958–2008,” Family Law Quarterly, 42 (Fall 2008), 419–47.
Olken, Samuel R., “Justice Sutherland Reconsidered,” Vanderbilt Law Review, 62 (March 2009), 639–93.
Orentlicher, David, “Presumed Consent to Organ Donation: Its Rise and Fall in the United States,” Rutgers Law Review, 61 (Winter 2009), 295–321.
Osborn, Ronald, “William Lloyd Garrison and the United States Constitution: The Political Evolution of an American Radical,” Journal of Law and Religion, 24 (no. 1, 2008–2009), 65–88.
Osterman, Rachel, “Origins of a Myth: Why Courts, Scholars, and the Public Think Title VII’s Ban on Sex Discrimination Was an Accident,” Yale Journal of Law and Feminism, 20 (no. 2, 2009), 409–40.
Perry, Clifton, “Taxpayer Standing and the Establishment Clause, James Madison’s Little Known Legacy,” Journal of Church and State, 50 (Summer 2008), 431–50.
Perschbacher, Rex R., and Debra Lyn Bassett, “The Revolution of 1938 and Its Discontents,” Oklahoma Law Review, 61 (Summer 2008), 275–97.
Powell, Cedric Merlin, “Rhetorical Neutrality: Colorblindness, Frederick Douglass, and Inverted Critical Race Theory,” Cleveland State Law Review, 56 (no. 4, 2008), 823–94.
Powell, Karen E., “A Historical Perspective on Montana Property Tax: 25 Years of Statewide Appraisal and Appeal Practice,” Montana Law Review, 70 (Winter 2009), 21–55.
Raysor, Craig P., “From the Sword to the Pen: A History and Current Analysis of U.S. Tobacco Marketing Regulations,” Drake Journal of Agricultural Law, 13 (Fall 2008), 497–543.
Reagan, Leslie J., “Rashes, Rights, and Wrongs in the Hospital and in the Courtroom: German Measles, Abortion, and Malpractice before Roe and Doe,” Law & History Review, 27 (Summer 2009), 241–79.
Reilly, Elizabeth, “The Union as It Wasn’t and the Constitution as It Isn’t: Section Five and Altering the Balance of Powers,” Akron Law Review, 42 (no. 4, 2009), 1081–1109.
Rich, William J., “Why ‘Privileges or Immunities’? An Explanation of the Framers’ Intent,” Akron Law Review, 42 (no. 4, 2009), 1111–27.
Rogers, C. Paul, III, “The Antitrust Legacy of Justice William O. Douglas,” Cleveland State Law Review, 56 (no. 4, 2008), 895–1001.
Roiphe, Rebecca, “Lawyering at the Extremes: The Representation of Tom Mooney, 1916–1939,” Fordham Law Review, 77 (March 2009), 1731–62.
Rutherglen, George, “State Action, Private Action, and the Thirteenth Amendment,” Virginia Law Review, 94 (Oct. 2008), 1367–1406.
Scarberry, Mark S., “Historical Considerations and Congressional Representation for the District of Columbia: Constitutionality of the D.C. House Voting Rights Bill in Light of Section Two of the Fourteenth Amendment and the History of the Creation of the District,” Alabama Law Review, 60 (no. 4, 2009), 783–893.
Schacter, Jane S., “Courts and the Politics of Backlash: Marriage Equality Litigation, Then and Now,” Southern California Law Review, 82 (Sept. 2009), 1153–1223.
Scheiber, Harry N., “Taking Legal Realism Offshore: The Contributions of Joseph Walter Bingham to American Jurisprudence and to the Reform of Modern Ocean Law,” Law & History Review, 26 (Fall 2008), 649–78.
Schmidt, Christopher W., “Brown and the Colorblind Constitution,” Cornell Law Review, 94 (Nov. 2008), 203–38.
Schmidt, Christopher W., “‘Freedom Comes Only from the Law’: The Debate over Law’s Capacity and the Making of Brown v. Board of Education,” Utah Law Review, 2008 (no. 4, 2008), 1493–1559.
Schnell, Christopher A., “Lincoln and the Kentuckians: Placing Abraham Lincoln in Context with Lawyers and Clients from His Native State,” Northern Kentucky Law Review, 36 (no. 2, 2009), 263–77.
Schor, Miguel, “The Strange Cases of Marbury and Lochner in the Constitutional Imagination,” Texas Law Review, 87 (June 2009), 1463–97.
Schwaiger, Michael, “Salmon, Sage-Brush, and Safaris: Alaska’s Territorial Judicial System and the Adventures of the Floating Court, 1901–1915,” Alaska Law Review, 26 (June 2009), 97–133.
Scott, Wendy B., “Dr. King and Parents Involved: The Battle for Hearts and Minds,” New York University Review of Law and Social Change, 32 (no. 4, 2008), 543–71.
Shepherd, Pete, “One Hundred Fifty Years of Electing Judges in Oregon: Will There Be Fifty More?,” Oregon Law Review, 87 (no. 3, 2008), 907–38.
Sherwin, Emily, “The Jurisprudence of Pleading: Rights, Rules, and Conley v. Gibson,” Howard Law Journal, 52 (Fall 2008), 73–98.
Siegel, Stephen A., “Injunctions for Defamation, Juries, and the Clarifying Lens of 1868,” Buffalo Law Review, 56 (July 2008), 655–735.
Speece, Darren, “From Corporatism to Citizen Oversight: The Legal Fight over California Redwoods, 1970–1996,” Environmental History, 14 (Oct. 2009), 705–36.
Spencer, A. Benjamin, “Pleading Civil Rights Claims in the Post-Conley Era,” Howard Law Journal, 52 (Fall 2008), 99–166.
Starkey, Brando Simeo, “Drastic Action: The 1983 Course Boycott at Harvard Law School,” St. Thomas Law Review, 21 (Fall 2008), 56–107.
Steiker, Carol S., “The Marshall Hypothesis Revisited,” Howard Law Journal, 52 (Spring 2009), 525–55.
Steiker, Jordan M., “Brown’s Descendants,” Howard Law Journal, 52 (Spring 2009), 583–614.
Steiner, Mark E., “‘The Sober Judgement of Courts’: Lincoln, Lawyers, and the Rule of Law,” Northern Kentucky Law Review, 36 (no. 2, 2009), 279–93.
Stras, David R., “Pierce Butler: A Supreme Technician,” Vanderbilt Law Review, 62 (March 2009), 695–756.
Streichler, Stuart, “What Would Warren Do? A Brief Historical Comment on Brown and Parents Involved,” Tennessee Law Review, 76 (Fall 2008), 159–85.
Sundquist, Christian B., “The Meaning of Race in the dna Era: Science, History, and the Law,” Temple Journal of Science, Technology, & Environmental Law, 27 (Fall 2008), 231–65.
Tanaka, Kei, “Marriage as Citizen’s Privilege: Japanese Picture Marriage and American Social Justice,” Nanzan Review of American Studies (Nagoya), 31 (2009), 131–50.
Thompson, Debra, “Racial Ideas and Gendered Intimacies: The Regulation of Interracial Relationships in North America,” Social & Legal Studies, 18 (Sept. 2009), 353–71.
Trask, Amy K., “A History of Revision: The Constitutional Convention Question in Hawai‘i, 1950–2008,” University of Hawai‘i Law Review, 31 (Winter 2008), 291–330.
Tsesis, Alexander, “Interpreting the Thirteenth Amendment,” University of Pennsylvania Journal of Constitutional Law, 11 (July 2009), 1337–62.
Turner, William B., “The Ultimate Victory of a Productive Life: Ben F. Johnson Jr. and African Americans at Emory Law School, 1962–71,” Journal of Legal Education, 58 (Dec. 2008), 563–78.
Tushnet, Mark, “The Meritocratic Egalitarianism of Thurgood Marshall,” Howard Law Journal, 52 (Spring 2009), 691–708.
Twibell, T. S., “Rethinking Johnson v. M’intosh (1823): The Root of the Continued Forced Displacement of American Indians Despite Cobell v. Norton (2001),” Georgetown Immigration Law Journal, 23 (Fall 2008), 129–200.
Tyson, John M., “A Short History of the American Bar Association’s Canons of Professional Ethics, Code of Professional Responsibility, and Model Rules of Professional Responsibility: 1908–2008,” Charlotte Law Review, 1 (Fall 2008), 9–19.
Veasey, E. Norman, “What Would Madison Think? The Irony of the Twists and Turns of Federalism,” Delaware Journal of Corporate Law, 34 (no. 1, 2009), 35–56.
Vining, Richard L., Jr., “Judicial Departures and the Introduction of Qualified Retirement, 1892–1953,” Justice System Journal, 30 (no. 2, 2009), 139–57.
Walker, Anders, “‘Neutral’ Principles: Rethinking the Legal History of Civil Rights, 1934–1964,” Loyola University Chicago Law Journal, 40 (Spring 2009), 385–436.
Wardle, Lynn D., “From Slavery to Same-Sex Marriage: Comity versus Public Policy in Inter-jurisdictional Recognition of Controversial Domestic Relations,” Brigham Young University Law Review (no. 6, 2008), 1885–1926.
Weiner, Merle H., “Codification, Cooperation, and Concern for Children: The Internationalization of Family Law in the United States over the Last Fifty Years,” Family Law Quarterly, 42 (Fall 2008), 619–58.
Wildenthal, Bryan H., “Nationalizing the Bill of Rights: Scholarship and Commentary on the Fourteenth Amendment in 1867–1873,” Journal of Contemporary Legal Issues, 18 (2009), 153–322.
Williams, Frank J., “Abraham Lincoln: Lessons for Lawyers,” Northern Kentucky Law Review, 36 (no. 2, 2009), 295–316.
Wilson, Marcia J., “The Application of the Death Penalty in New Mexico, July 1979 through December 2007: An Emprical Analysis,” New Mexico Law Review, 38 (Spring 2008), 255–301.
Ziegler, Mary, “Eugenic Feminism: Mental Hygiene, the Women’s Movement, and the Campaign for Eugenic Legal Reform, 1900–1935,” Harvard Journal of Law and Gender, 31 (Winter 2008), 211–35.
Ziegler, Mary, “The Framing of a Right to Choose: Roe v. Wade and the Changing Debate on Abortion Law,” Law & History Review, 27 (Summer 2009), 281–330.
Zietlow, Rebecca E., “The Rights of Citizenship: Two Framers, Two Amendments,” University of Pennsylvania Journal of Constitutional Law, 11 (July 2009), 1269–88.
Schroeder, David, “More than a Fraction: The Life and Work of Justice Pierce Butler” (Marquette University, 2009). Order No. DA3357971.
Weiner, Isaac A., “Religion out Loud: Religious Sound, Public Space, and American Pluralism” (University of North Carolina, Chapel Hill, 2009). Order No. DA3366462.
Graham, D. Kurt, To Bring Law Home: The Federal Judiciary in Early National Rhode Island. (DeKalb: Northern Illinois University Press, 2010. xii, 186 pp. $32.00, isbn 978-0-87580-414-9.)
Hébert, Valerie Geneviève, Hitler’s Generals on Trial: The Last War Crimes Tribunal at Nuremberg. (Lawrence: University Press of Kansas, 2010. xiv, 362 pp. $39.95, isbn 978-0-7006-1698-5.)
Hoffer, Peter Charles, A Nation of Laws: America’s Imperfect Pursuit of Justice. (Lawrence: University Press of Kansas, 2010. xviii, 214 pp. $24.95, isbn 978-0-7006-1707-4.)
Sloan, Cliff, and David McKean, The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court. (New York: Public Affairs, 2009. xx, 258 pp. Cloth, $27.95, isbn 978-1-58648-426-2. Paper, $14.95, isbn 978-1-58648-805-5.)
Strum, Philippa, Mendez v. Westminster: School Desegregation and Mexican-American Rights. (Lawrence: University Press of Kansas, 2010. xiv, 186 pp. Cloth, $34.95, isbn 978-0-7006-1718-0. Paper, $16.95, isbn 978-0-7006-1719-7.)
For more citations in this and other categories, please consult Recent Scholarship Online.
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