Ilan Wurman, University of Minnesota Law School, has posted Jurisdiction and Citizenship:A recent executive order denying birthright citizenship to children born to persons temporarily visiting or unlawfully present in the United States has reignited debate over the original meaning of the Fourteenth Amendment’s Citizenship Clause. The historical evidence is more nuanced than advocates
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Pimm-Smith on the Poor Law and the Adoption Act
Rachel Elizabeth Pimm-Smith, Warwick Law School, has published, online and open access, From the Poor Law to the Adoption of Children Act 1926: Another Punishment for Being Poor in Law and History Review:This article makes the case for recognizing the connection between the Poor Law and the Adoption of Children Act…
Bentham, the Panopticon, and "A Picture of the Treasury"
Jeremy Bentham (NYPL)[Via H-Law, we have the following announcement. DRE]Jeremy Bentham, the Panopticon penitentiary scheme, and “A Picture of the Treasury”The aim of the conference is to discuss the forthcoming critical edition of “A Picture of the Treasury” in The Collected Works of Jeremy Bentham (UCL Press), publishing for the first time…
Booth on the Legal History of the Satanic Panic
Jonathon Booth, University of Colorado Law School, has posted A New Satanic Panic, which is forthcoming in the Yale Journal of Law and Feminism:A broad backlash to LGBTQ visibility and equality has emerged in recent years. Its conservative proponents have asserted that queer people are Satanic, called gender affirming healthcare child abuse,…
Constitutional Meaning in the Shadow of the Articles of Confederation
[We have the following announcement. DRE]On Monday, May 12, the Brennan Center for Justice and the National Constitution Center present a symposium exploring how the Articles of Confederation shaped the U.S. Constitution. Historians, legal scholars, and journalists . . .will examine the legacy of the Articles of Confederation, the founding debates over federal power,…
Fitzsimmons on the French Constitution of 1791
Michael P. Fitzsimmons has published The Forgotten Constitution: The Origins, Realization, and Legacy of the French Constitution of 1791 (Oxford University Press):The French Constitution of 1791 has a major legacy that overturned many centuries of historical tradition but remains little known outside of France. It ratified the unprecedented transformation of a society based on…
Fleming's "Equity and Trusts in Sanskrit Jurisprudence"
Christopher T. Fleming has published Equity and Trusts in Sanskrit Jurisprudence in the British Academy Monographs of Oxford University Press:This monograph outlines the core principles of Equity and Trusts in Sanskrit jurisprudence (Dharmasastra) and traces their application in the practical legal administration of religious and charitable endowments throughout Indian history. Dharmasastra describes phenomena that,…
Cronan on the Patroon System and NY Landlord-Tenant Law
Liam Cronan, who currently serves as a law clerk in the U.S. District Court for the District of Massachusetts, has posted Rent, Riots, and Rensselaer: The Patroon System of New Netherland and Its Lasting Influence on the History of Landlord-Tenant Law:For more than two-and-a-half centuries, a Dutch aristocracy thrived in upstate New York.…
Barbas on Originalism and Free Speech
Samantha Barbas, University of Iowa College of Law, has posted Originalism in Modern Free Speech History:Contrary to what is often assumed, originalism has played an important role in our free speech history. During the 1950s, originalist interpretations of the First Amendment as prohibiting the crime of seditious libel became popular in legal argumentation,…
Panel on the History of Administrative Law at NYU
I’m on a legal history panel at the NYU Law Review’s annual symposium, Where Does Administrative Law Go from Here? which will take place this Friday and is co-sponsored by NYU Law’s Institute for Policy Integrity. The other panelists are Joanna Grisinger, Northwestern University; Julian Mortenson, University of Michigan Law School; and…