Add to ORKGIt is conventionally believed that neutral legal principles required antislavery judges to uphold proslavery legislation in spite of their moral convictions against slavery. Under this view, an antislavery judge who ruled on proslavery legislation was forced to choose, not between liberty and slavery, but rather between liberty and fidelity to his conception of the judicial role in a system of limited government. Focusing on the proslavery Fugitive Slave Act of 1850, this article challenges the conventional view by arguing that the constitutionality of the fugitive act was ambiguous; meaning that neutral legal principles supported a ruling against the fugitive act as well as a ruling in favor of it, and that prominent antislavery judges wer...
Looking at the Challenges of Enforcing Slavery Law professor Steven Lubet focuses on three trials ar...
The Slaughter-House Cases have a bad reputation for good reason. Justice Miller’s narrow reading of ...
This Article examines the view, championed by Justice Scalia, that traditionalism can and should pla...
Reviewing Justice Accused: Antislavery and the Judicial Process By Robert M. Cover. New Haven: Yale ...
Federalist No. 54 shows that part of Madison\u27s public defense of the Constitution included the de...
The seeds for the Civil War were first planted at the Constitutional Convention in Philadelphia in 1...
The results most relevant to the concerns of this Article are of course the effects upon how we judg...
In his great book, Justice Accused, Robert Cover wrote of anti-slavery judges whose adherence to a f...
The Article will discuss and analyze the forces that shaped Ableman v. Booth, one of the most dramat...
Article discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disob...
The intellectual world of the nineteenth century judge was one in which the two main concerns releva...
From 1787 until the Civil War, slavery was probably the single most important economic institution i...
Re-assessing the Supreme Court and Slavery Anyone interested in the Civil War is, by default, in...
In this essay, Professor Siegel examines efforts to reform racial and gender status law in the ninet...
This article is a rebuttal to the writings of those advocating the view that America was formed thro...
Looking at the Challenges of Enforcing Slavery Law professor Steven Lubet focuses on three trials ar...
The Slaughter-House Cases have a bad reputation for good reason. Justice Miller’s narrow reading of ...
This Article examines the view, championed by Justice Scalia, that traditionalism can and should pla...
Reviewing Justice Accused: Antislavery and the Judicial Process By Robert M. Cover. New Haven: Yale ...
Federalist No. 54 shows that part of Madison\u27s public defense of the Constitution included the de...
The seeds for the Civil War were first planted at the Constitutional Convention in Philadelphia in 1...
The results most relevant to the concerns of this Article are of course the effects upon how we judg...
In his great book, Justice Accused, Robert Cover wrote of anti-slavery judges whose adherence to a f...
The Article will discuss and analyze the forces that shaped Ableman v. Booth, one of the most dramat...
Article discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disob...
The intellectual world of the nineteenth century judge was one in which the two main concerns releva...
From 1787 until the Civil War, slavery was probably the single most important economic institution i...
Re-assessing the Supreme Court and Slavery Anyone interested in the Civil War is, by default, in...
In this essay, Professor Siegel examines efforts to reform racial and gender status law in the ninet...
This article is a rebuttal to the writings of those advocating the view that America was formed thro...
Looking at the Challenges of Enforcing Slavery Law professor Steven Lubet focuses on three trials ar...
The Slaughter-House Cases have a bad reputation for good reason. Justice Miller’s narrow reading of ...
This Article examines the view, championed by Justice Scalia, that traditionalism can and should pla...