Recent Scholarship
Legal and Constitutional
Anderson, William L., and Amit Shah, “Protection of Speech, or Protection of Political Allies? The U.S. Supreme Court and Libel,” Journal of Social, Political, and Economic Studies, 32 (Winter 2007), 453–74.
Benedict, Michael Les, “‘The Perpetuation of Our Political Institutions’: Lincoln, the Powers of the Commander in Chief, and the Constitution,” Cardozo Law Review, 29 (Jan. 2008), 927–60.
di Bonaventura, Allegra, “Beating the Bounds: Property and Perambulation in Early New England,” Yale Journal of Law and the Humanities, 19 (Winter 2007), 115–48.
Bradshaw, Gilbert, “Who’s Black, Who’s Brown, and Who Cares? A Legal Discussion of Hernandez v. Texas,” Brigham Young University Education and Law Journal (no. 2, 2007), 351–82.
Caldas, Stephen J., and Carl L. Bankston III, “A Re-Analysis of the Legal, Political, and Social Landscape of Desegregation from Plessy v. Ferguson to Parents Involved in Community Schools v. Seattle School District No. 1,” Brigham Young University Education and Law Journal (no. 2, 2007), 217–56.
Chin, J. Gabriel, and Randy Wagner, “The Tyranny of the Minority: Jim Crow and the Counter-Majoritarian Difficulty,” Harvard Civil Rights–Civil Liberties Law Review, 43 (Winter 2008), 65–125.
Cho, Ji-Hyung, “Domangnoyaebupkwa Miguk yonbang sabeobchaejaeui wiki” (Fugitive slave law, the Booth cases, and the crisis of the American judicial system), Soyangsaron/Western History Review (Seoul), 93 (June 2007), 89–127. In Korean.
Curtis, Christopher M., “Reconsidering Suffrage Reform in the 1829–1830 Virginia Constitutional Convention,” Journal of Southern History, 74 (Feb. 2008), 89–124.
Farber, Daniel A., “The Supreme Court, the Law of Nations, and Citations of Foreign Law: The Lessons of History,” California Law Review, 95 (Oct. 2007), 1335–65.
Fletcher, Matthew L. M., “The Original Understanding of the Political Status of Indian Tribes,” St. John’s Law Review, 82 (Winter 2008), 153–81.
Fulton, Sarah, “Petruska v. Gannon University: A Crack in the Stained Glass Ceiling,” William & Mary Journal of Women & the Law, 14 (Fall 2007), 197–223.
Greaney, Thomas, “Thirty Years of Solicitude: Antitrust Law and Physician Cartels,” Houston Journal of Health Law & Policy, 7 (no. 2, 2007), 189–226.
Hillman, Elizabeth L., “Franklin D. Roosevelt, Commander in Chief,” Cardozo Law Review, 29 (Jan. 2008), 1037–47.
Hollis, Adrienne L., “Eminent Domain and Compensation? From the Trail of Tears to Hurricane Katrina: Is It Just?,” Rutgers Race & the Law Review, 8 (Spring 2007), 349–84.
Jarvis, Kristopher Dale, “The Centennial Shuffle: City of Enid v. Public Employees Relations Board; How the Oklahoma Supreme Court Upheld a Century of Population-Based Classifications while Foreshadowing Another Century of Confusion Concerning the Laws That Govern Them,” Oklahoma Law Review, 60 (Spring 2007), 191–222.
Knaplund, Kristine S., “The Evolution of Women’s Rights in Inheritance,” Hastings Women’s Law Journal, 19 (Winter 2008), 3–51.
Land, Seth M., “The History and Scope of the Virginia Declaratory Judgments Act,” University of Richmond Law Review, 42 (Nov. 2007), 197–227.
Mazzone, Jason, “The Bill of Rights in the Early State Courts,” Minnesota Law Review, 92 (Nov. 2007), 1–82.
Mirow, M. C., “Marbury in Mexico: Judicial Review’s Precocious Southern Migration,” Hastings Constitutional Law Quarterly, 35 (Fall 2007), 41–97.
Moran, Rachel F., “Loving and the Legacy of Unintended Consequences,” Wisconsin Law Review (no. 2, 2007), 239–81.
Parrillo, Nicholas, “The De-Privatization of American Warfare: How the U.S. Government Used, Regulated, and Ultimately Abandoned Privateering in the Nineteenth Century,” Yale Journal of Law and the Humanities, 19 (Winter 2007), 1–94.
Pratt, Carla D., “Loving Indian Style: Maintaining Racial Caste and Tribal Sovereignty through Sexual Assimilation,” Wisconsin Law Review (no. 2, 2007), 409–62.
Schiller, Reuel E., “The Era of Deference: Courts, Expertise, and the Emergence of New Deal Administrative Law,” Michigan Law Review, 106 (Dec. 2007), 399–441.
Tate, Joshua C., “Gambling, Commodity Speculation, and the ‘Victorian Compromise,’” Yale Journal of Law and the Humanities, 19 (Winter 2007), 97–114.
Williams, Bradley B., “When California’s Southern District Became Central: A Brief Look at the Historical Context of the Central District in 1966,” Southwestern University Law Review, 36 (no. 2, 2007), 175–90.
Young, Ashley, “Continuing an American Legacy of Racial and Cultural Injustice: A Critical Look at Bonnichsen v. United States,” Journal of Art and Entertainment Law, 17 (Fall 2006), 1–35.
Zucker, James E., “Better a Catholic than a Communist: Reexamining McCollum v. Board of Education and Zorach v. Clauson,” Virginia Law Review, 93 (Dec. 2007), 2069–2118.
Auerbach, Arthur H., “Death and Politics in the United States Court of Appeals” (University of Southern California, 2007). Order No. DA3261832.
Kasper, Eric T., “The Enjoyment of Life and Liberty: James Madison’s Liberal Design for the Bill of Rights” (University of Wisconsin, Madison, 2007). Order No. DA3261364.
Mohammad-Zadeh, Katayoun, “The Separation of Powers and the Supreme Court: A New Institutional Analysis of Inter-Branch Disputes, 1946–2005” (University of Southern California, 2007). Order No. DA3261821.
Samad, Anthony Asadullah, “Legal and Policy Interpretations of the Fourteenth Amendment in the Post-Brown Era: A 50-Year Case Study on the Policy Implementation Challenges of Brown v. Board of Education” (Claremont Graduate University, 2007). Order No. DA3259953.
Cho, Ji-Hyung, et al., Heonbeobkwa mirae (The constitution and the future). (Seoul: Ingansarang, 2007. 454 pp. Paper, Won 25,000, isbn 978-89-7418-214-4.) In Korean.
For more citations in this and other categories, please consult Recent Scholarship Online.
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