A New York Perspective on the Solicitor Generalship

The Supreme Court Historical Society and The Historical Society of the New York Courts
present Learned in the Law: The Role of the U.S. Solicitor General...a New York Point of View, Friday, October 25, 2013, at the New York City Bar Association, 42 West 44th Street.  Reception starts at 5; the program runs from 6:00-8:00 PM.  Opening remarks an introductions will be from the Hon. Jonathan Lippman, Chief Judge of the State of New York and the Hon. Judith S. Kaye, Former Chief Judge of the State of New York. 

John Q. Barrett, Professor of Law, St. John's University & Elizabeth S. Lenna Fellow, Robert H. Jackson Center, will then deliver the lecture "The History of the Office of the Solicitor General: The New York Influence.”  A panel discussion will follow moderated by Jeffrey P. Minear, Counselor to the Chief Justice of the United States.  The panelists will be Justice Elena Kagan, Supreme Court of the United States and 45th Solicitor General of the United States (2009-2010), Drew S. Days, III, 40th Solicitor General of the United States (1993-1996), and Paul D. Clement, 43rd Solicitor General of the United States (2004-2008).

Quebec Secession at the Clough Center

The next public event at Boston College’s Clough Center for the Study of Constitutional Democracy is the panel Quebec Secession: Constitutional, Comparative, and Historical Perspectives. It will take place Wednesday, October 23, 2013, at 12:00 p.m. in the Barat House, Boston College Law School.  The panelists are Frank Iacobucci, a former Justice of the Supreme Court of Canada; Robert A. Burt, the Alexander M. Bickel Professor of Law at Yale University; and Jamie Cameron, a professor at the Osgoode Hall Law School.  Space is limited. Lunch will be served.  RSVP to clough.center@bc.edu by 10/18.

“Sovereignties” at Vanderbilt

[Here, somewhat belatedly, is the announcement of "Sovereignties," the Vanderbilt History Seminar this academic year.]

The theme of “sovereignties” offers [the Vanderbilt History Seminar] an opportunity to examine forms of power over a vast temporal and geographic terrain, from the most ancient kingdoms and empires to the modern nation-state. From this perspective, this theme will allow us to engage with fresh and exciting work in political, intellectual, and social history, much of it stimulated by living through an era of global history in which the borders and powers of nation-states have become deeply unsettled.  This unsettling has prompted interest in other kinds of polities across history—empires, city states, confederacies, and tribes—and how they have exercised control over their territory and peoples. It has also generated interested in the deployment of power by groups living “in between” territorially demarcated polities, both on land and at sea. We intend to explore the meanings of sovereignty and power in these borderlands and international maritime zones. And we will be keen to connect our interest in sovereignty to recent work on the break up of colonial empires, the formation of post-colonial and post-independence states, and the religious, ethnic, and racial identities that flourished in these political spaces.

Issues of sovereignty raise intellectual and social questions as well as political ones. We are interested in how different societies and legal regimes have defined sovereignty over time. We will chart how medieval polities began to distinguish the rights of rulers and subjects, and of “superior” and “inferior” groups, in varying parts of a domain, and how such distinctions congealed over time into early modern discourses about “sovereignty.” We will explore the ideologies and practices of “popular sovereignty” launched by the Atlantic Revolutions of the late eighteenth and early nineteenth centuries. And we will inquire into attempts made by rulers, from absolute monarchs to ordinary heads of families, across a broad array of state and non-state polities, to exercise sovereign power over the persons and, in many cases, the actual bodies of those who comprised their households.  Thinking about “household sovereignty” will make gender and reproduction key categories of our historical exploration.

Sovereignty raises questions, finally, not just about political power and patriarchal rule but also about mastery over the self. Self-rule, virtue, and a capacity for independence have been foundational elements of republicanism wherever it has appeared (ancient Greece and Rome, early modern Italian city states, eighteenth-century France, British America and Spanish America); on the other hand, a wide variety of discourses across history, from the theological to the medical and psychological, have challenged this vision of the autonomous, knowing, and disciplined self.  We will use the opportunity afforded by the sovereignty theme to explore varying conceptions of personhood across time and space.

[Participants and papers after the jump.]
Read more »

Penn Law's Legal History Consortium

We’ve just noticed a posting of two presentations this semester in Penn Law’s Legal History Consortium.  On Thursday, October 10, Mitra Sharafi, an Assistant Professor of Law at the University of Wisconsin Law School, will present a chapter from her forthcoming book, Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge University Press, 2014).  On Thursday, October 31, Intisar A. Rabb, an Associate Professor of Middle Eastern and Islamic Studies and Law at New York University School of Law, will be presenting her paper "Toward a Portrait of Courts in Early Islamic Law."  All workshops take place in the Penn Law Faculty Lounge, Silverman 144, from 12:00-1:15 pm.

Legal History Workshop at Minnesota Law

[Here's the lineup, from our friends at Minnesota Law.]


­­­­­­­ University of Minnesota Program in Law & History
­­Legal History Workshop/Seminar

Professor Susanna Blumenthal
Fall 2013 Schedule

September 30
Naomi Lamoreaux, Stanley B. Resor Professor of Economics and History, Chair, Department of History, Yale University
Title:  “Contractual Freedom and the Evolution of Corporate Governance in Britain, 1862 to 1929” (co-authors: Timothy W. Guinnane and Ron Harris)
October 7
Daniel Ernst, Professor, Georgetown University Law Center
Title: “Chief Justice Hughes and Administrative Law, 1930-1941” (the third chapter of his book manuscript, Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940)

October 14
Bianca Premo, Associate Professor & Graduate Program Director, Department of History, Florida International University

Title: “Agents and Powers: The Art of Suing” (the first chapter of her book manuscript, The Enlightenment on Trial: Ordinary Litigants, Colonialism, and Modernity in the Spanish Empire)

October 21
Laura Weinrib, Assistant Professor, University of Chicago Law School
Title: “From Left to Rights” (the final chapter of her book manuscript, The Taming of Free Speech)

October 28
Kristin A. Collins, Peter Paul Development Professor, Boston University School of Law, Visiting Professor, Yale Law School

Title: “‘Illegitimate Half-Castes’ and the Citizen Family” (forthcoming, 123 Yale Law Journal (2014))
November 4
Sam Erman, Assistant Professor, University of Southern California Law School

Title:  Santiago Iglesias’s Imperial Citizenship: The Value of a Status with Few Rights, 1890-1930”

November 11
Jeannine DeLombard, Associate Professor of English, University of Toronto
Title:  “Writing Civil Wrongs: Law in Late 19th-Century American Literature”

November 18
Daniel LaChance, Assistant Professor of History Emory University, Visiting Fellow, Program in Law and Public Affairs, 2013-14, Princeton University
Title:  “The Old West and the New American Death Penalty: Capital Punishment in Harris and Oklahoma Counties, 1980-2000”

November 25
Barbara Young Welke, Professor of History and Professor of Law, Distinguished McKnight University Professor, University of Minnesota
Title: “Owning Hazard: Genre, Law, and History”

Edwards to Lecture on “Women, Law, and Culture: Rethinking Legal Change in the Civil War Era"

[Our friends at Oregon Law send us the following announcement.]

The Law, Culture, and Humanities Initiative presents “Women, Law, and Culture: Rethinking Legal Change in the Civil War Era,” with Laura Edwards, Thursday, October 3, 2013, 12:30 – 2:00 p.m., Lewis Lounge, Knight Law Center, University of Oregon.

Laura F. Edwards received her Ph.D. from the University of North Carolina, Chapel Hill and is now Professor of History at Duke University. Her interests focus on race, gender, labor, and law, especially in the nineteenth-century U.S. South. She just completed a legal history of the Civil War and Reconstruction titled A Nation of Rights. Most recently, she is the author of The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-Revolutionary South (University of North Carolina Press, 2009), which was awarded the American Historical Association’s 2009 Littleton-Griswold prize for the best book in law and society and the Southern Historical Association’s Charles Sydnor prize for the best book in southern history. In addition, she is author of Scarlett Doesn’t Live Here Anymore: Southern Women in the Civil War Era (University of Illinois Press, 2000); and Gendered Strife and Confusion: The Political Culture of Reconstruction (University of Illinois Press, 1997). She has received fellowships from the Newberry Library, the National Humanities Center, the NEH, and the Guggenheim Foundation. She also has been honored with the Howard D. Johnson award for distinguished undergraduate teaching, given by the College Arts and Sciences at Duke University and the Dean’s Award for Excellent Mentoring, given by the Graduate School at Duke University.

RSVP to Sabrina Leathers: leathers@uoregon.edu [ASAP].

Cosponsored by Oregon Humanities Center, Center for the Study of Women in Society, Office of the Vice Provost for Equity and Inclusion, Department of Political Science, School of Law Lectures and Awards, Department of History, and Office of Academic Affairs.

The Law, Culture, and Humanities Initiative was created to facilitate, support, and encourage symposia, lectures, scholarship, and faculty discussion on the relationship between law and other humanistic disciplines. It provides opportunities for faculty to integrate humanistic-based studies with the study of law, and to explore the increasingly diverse and rich scholarships in areas that include (but are not limited to) legal history, law and literature, law and anthropology, and law and philosophy.

A Retrospective on the Church Committee

As the first session of a three-part discussion series, Surveillance and Foreign Intelligence Gathering in the United States: Past, Present, and Future, tomorrow Georgetown Law’s Center on National Security and the Law will be hosting a retrospective on the Church Committee.  Senator Patrick Leahy (D-Vermont), Chairman, Senate Judiciary Committee, will deliver the keynote.  Panelists are Former Vice President Walter Mondale, Church Committee Member; Former U.S. Senator Gary Hart, Church Committee Member; Former U.S. Ambassador William Miller, Church Committee Staff Director; and Dr. Loch Johnson, Former Special Assistant to Senator Frank Church.  My colleague Laura K. Donohue, Professor of Law and Director of the Center on National Security and the Law, Georgetown University Law Center, will moderate.

The organizers explain:
This is a crucially important time for the United States—a number of foreign intelligence gathering programs using new technologies have recently been unveiled, and the public, the media, and scholars are just beginning to address their implications. Part one of this three-part discussion series will focus on the 1975-76 Church Committee (formally known as the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities), which exposed government surveillance abuses and played a key role in the creation of the Foreign Intelligence Surveillance Act. Following the keynote address by Senator Leahy, an esteemed panel of former Church Committee members and top staff will discuss this turning point in American history.
The keynote and panel will take place on Tuesday, September 24, 2013, from 9:45 a.m. to 12:00 p.m., in the Hart Auditorium, McDonough Hall, Georgetown University Law Center, 600 New Jersey Avenue, NW, Washington, D.C. 20001.

Update

A Constitution Day Talk with Michael Klarman

[From a press release of the Harvard Law School:]

To commemorate the signing of the U.S. Constitution, Harvard Law School Professor Michael Klarman, an expert on constitutional law and constitutional history, will give a lecture at Harvard Law School on Tuesday, Sept. 17 [at noon in Austin Hall East, Room 101].  His talk, titled “Not Written in Stone,” will focus on the reasons why he believes the U.S. Constitution should not be given undue reverence.

[More.]

Goluboff to Speak at LOC Constitution Day Event, Sept. 17, 2013

Risa Goluboff (University of Virginia) is scheduled to speak at a Library of Congress Constitution Day Event on September 17, 2013. Here's the announcement:

The Law Library of Congress will host Professor Risa L. Goluboff in a celebration of Constitution Day 2013. The title of Professor Goluboff’s lecture is “How the Constitution Changes: Social and Political Aspects of the Law.” This program is part of the Law Library’s annual celebration of Constitution Day and Citizenship Day—a federal holiday that is observed each year to commemorate the signing of the U.S. Constitution on Sept. 17, 1787, and to “recognize all who, by coming of age or by naturalization, have become citizens.”
This program will be held at 1:00 p.m. on Tuesday, Sept. 17, in the Montpelier Room, located on the sixth floor of the Library’s James Madison Building, 101 Independence Ave. S.E., Washington, D.C. The event is free and open to the public; tickets are not required.
Professor Risa L. Goluboff will discuss how changes in constitutional interpretation occur over time. Professor Goluboff will describe how social movements, judges, lawyers, legislators, administrators, and community pressure all contribute to new understandings of the Constitution. To illustrate these forces, Professor Goluboff will draw from her current book project on the changing constitutional status of vagrancy laws in the 1960s and 1970s as part of the social transformations of that era.

More information is available here.

Bilder to Lecture on James Madison and Constitutional Compromise

Mary Sarah BilderBoston College Law School, will deliver the Constitution Day Lecture for the Clough Center for Constitutional Democracy at Boston College.  Her lecture, James Madison and Constitutional Compromise, will take place on Tuesday, September 10, 2013, at 12:00 p.m. at the Barat House, Boston College Law School  Lunch will be served, but space is limited, so please RSVP required by September 6 to clough.center@bc.edu.

University of Michigan Legal History Workshop: Fall 2013


The fall schedule for the University of Michigan Legal History Workshop is now available:
SEPTEMBER 10.    Closed session.
Rebecca J. Scott, Charles Gibson Distinguished University Professor of History and Professor of Law, University of Michigan
“Social Facts and Legal Fictions:  Was Freedom Portable?”

SEPTEMBER 17.   
Daniel Crane, Frederick Paul Furth, Sr. Professor of Law, University of Michigan
“The Dissociation of Incorporation and Regulation in the Progressive Era and New Deal” 

SEPTEMBER 24. 
Herbert Hovenkamp, Ben and Dorothy Willie Chair, University of Iowa College of Law
“The Opening of American Law:  Neoclassical Legal Thought, 1870-1970”

OCTOBER 1.       
Naomi Lamoreaux, Stanley B. Resor Professor of Economics & History, Yale University
 “Contractual Freedom and the Evolution of Corporate Governance in Britain, 1862 to 1929”

OCTOBER 8.
John G.H. Hudson, William W. Cook Global Law Professor, University of Michigan
“Maitland and Austin: Legal Philosophy and Legal History in Nineteenth-Century England”

OCTOBER 15.  Fall Break.  No Session.

OCTOBER 22.
Mariano-Florentino Cuéllar, Stanley Morrison Professor of Law, Stanford University
“Administrative War”

OCTOBER 29.
Gary Gerstle, James G. Stahlman Professor of American History, Vanderbilt University
“Exemption, Surrogacy, Voluntarism: Strategies of Liberal Governance in America, 1860-1920”

NOVEMBER 5.  
Barry Cushman, John P. Murphy Foundation Professor of Law, Notre Dame University
“Carolene Products and Constitutional Structure”

NOVEMBER 12. 
Catherine Fisk, Chancellor's Professor of Law, University of California-Irvine
“Authors at Work:  A Socio-Legal History of Writing for Hire in Twentieth Century Film, Television, and Advertising”

NOVEMBER 19.
William J. Novak, University of Michigan Law School
“The Public Utility Idea and the Origins of Modern Business Regulation”

NOVEMBER 26. 
Laura Phillips Sawyer, Harvard Newcomen Fellow, Harvard Business School
“Institutional Economics and Managed Competition, 1920-1940”
For more information on the workshop, email Dara Faris or Bill Novak

William E. Nelson, Scholar and Historian

[Via H-Law, we have the following announcement of the roundtable discussion, "William E. Nelson, Scholar and Historian."]


On Thursday, 7 November 2013, from 3:30 pm to 5:30 pm, the Chicago-Kent Law Review and Professors Felice Batlan and R. B. Bernstein present a roundtable discussion of the work of William E. Nelson in the Orchid D room of the Hyatt Regency Miami, the convention hotel for the 2013 convention of the American Society for Legal History.  The articles that will be the basis of the roundtable will appear in a forthcoming issue of the Chicago-Kent Law Review in 2014.  This session will not be an official part of the ASLH convention, but will complement its proceedings.  The roundtable will feature:

Moderators: Felice Batlan, Chicago-Kent Law School, and R. B. Bernstein, City College of New York and New York Law School

David Thomas Konig, Washington University in St. Louis, on Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760-1800 and Dispute and Conflict Resolution in Plymouth County, 1725-1825

Gautham Rao
, American University Law School, on The Roots of American Bureaucracy, 1830-1900

Paul Finkelman, Albany Law School, on The Fourteenth Amendment: From Political Principle to Judicial Doctrine

Mark McGarvie, William and Mary Law School, on Marbury v. Madison: The Origins of Judicial Review* and *Constitution and Rights in the Early American Republic

Edward A. Purcell, Jr., New York Law School, on The Legalist Reformation: Law, Politics, and Ideology in New York, 1920-1980 and Fighting for the City: A Legal History of the New York Corporation Counsel

Brad Snyder, University of Wisconsin Law School
, on In Pursuit of Justice: Edward Weinfeld as Lawyer and Judge and Nelson's articles on Justice Byron R. White

Lauren Benton, New York University, on The Common Law in Colonial America, volumes 1 & 2.

Professor William E. Nelson, New York University School of Law, will respond.

Light refreshments will be provided.

Women in the Life and Law of the DC Circuit Courts

Just up on the website of the Historical Society of the DC Circuit is a video of  Women in the Life and Law of the DC Circuit Courts, a program the Society sponsored in June.  The website explains:
Led by the moderator, Professor Barbara Babcock,  panelists Justice Ruth Bader Ginsburg, Judge Gladys Kessler, Judge  Royce Lamberth, Nancy Mayer-Whittington, Michele Roberts, Judge Patricia Wald, and Helgi Walker assessed the role of women in the life and law of the Courts.  In so doing, they described their professional and personal experiences while providing insights into the participation of women in the Courts of the Circuit, hurdles encountered and remaining, and the impact of women participating in increasing numbers in the judicial process.

Triangle Legal History Seminar

Our friends at the Triangle Legal History Seminar have sent us this academic year's line-up.  Anyone interested in attending should contact Edward Balleisen (eballeis@duke.edu), Jonathan Ocko (jkohi@ncsu.edu) or Al Brophy (abrophy@email.unc.edu).  All meetings from 4-6 at the National Humanities Center, unless otherwise noted.

Sept. 13: Chris Brooks, Professor of History, Durham University

 "Law and Religion in Early Modern England"  jointly sponsored with the Triangle Global British Studies Seminar (meeting at Franklin Humanities Institute at NOON)

Oct. 11: Martha Jones,  Associate Professor of History and Afroamerican and African Studies, University of Michigan

"Overturning Dred Scott: Race, Rights, and Citizenship in Antebellum America"

Nov. 15th: Mary Mitchell, Doctoral Candidate in History and Sociology of Science, University of Pennsylvania

"Making Abortion Rights Travel: Assessing the Role of Mobile Technologies in Fomenting Social Change"

Dec. 6: John Martin, Professor of History, Duke University

"Between Rulers and Subjects: Torture and the Politics of the Body in Early Modern Venice"

Jan. 17: Julia Rudolph, Associate Professor of History, North Carolina State University

"Families, Fraud and Foreclosure: Mortgage Disputes in Early Modern England" jointly sponsored with the Triangle Global British Studies Seminar

Feb. 14: Samanthis Smalls, Doctoral Candidate in History, Duke University

"Workhouse Encounters: The Convergence of Governance and Slavery in Antebellum Charleston"

March 28: Bruce Hall, Associate Professor of History, Duke University

"The Bonds of Trade: Slavery and Commercial Law in the 19th-Century Sahara"

April 18: Susanna Blumenthal,  Associate Professor of Law and History, University of Minnesota
"'A Horror of Being Duped': The Apprehension of Fraud in Nineteenth-Century American Law"

Watt to Lecture at Duke Law on Dress in Legal History

 [Via H-Law we have the following announcement.]

Professor Gary Watt (University of Warwick, UK) will speak on "Dress, Law and Naked Truth" at Duke Law School on Thursday, September 12, 2013,  12:15pm (Law School 3043).
Why are civil authorities in so-called liberal democracies affronted by public nudity and the Islamic full-face 'veil'? Why are law and civil order so closely associated with robes, gowns, suits, wigs and uniforms? Why is law so concerned with the 'evident' and the need for justice to be 'seen' to be done? Why do we dress and obey dress codes at all? In this, the first ever study devoted to the many deep cultural connections between dress and law, the author addresses these questions and more. His responses flow from the radical thesis that 'law is dress and dress is law'. Engaging with sources from The Epic of Gilgamesh to Shakespeare, Carlyle, Dickens and Damien Hirst, Professor Watt draws a revealing history of dress and civil order and offers challenging conclusions about the nature of truth and the potential for individuals to fit within the forms of civil life.
The lecture will mark the recent publication of Gary Watt's Dress, Law and Naked Truth: A Cultural Study of Fashion and Form (London,  Bloomsbury Academic, 2013).  For more information, please contact Diane Shah at dda4@duke.edu or Stefanie Kandzia at stefanie.kandzia@law.duke.edu

Update: Osgoode Legal History Group 2013-14 Line-Up

[This post has been updated to include the rest of the 2013-14 term.]

The Osgoode Legal History Group (formerly the Toronto Legal History Group) has posted its schedule for 2013-14:
First Term

Wednesday September 11 - Ian Kyer, Fasken Martineau: “The Thirty Years War: The Legal Battles that Created the TTC 1891-1921"

Wednesday September 25 - Jordan Birenbaum, University of Toronto: “Elmer A. Driedger (1913-1985): A Biographical and Intellectual Sketch of the Father of Canadian Statutory Interpretation”.

Wednesday October 9 - Nick Rogers, York University: “Parricide in Mid-Eighteenth Century England: The cases of Mary Blandy and Elizabeth Jefferies.”

Wednesday October 23 - Jeremy Milloy, Simon Fraser University: “Windsor is 'A Very, Very Bad Place to Live if You Are Black': Workplace Violence, Race, and Radical Law in the Aftermath of Charlie Brooks's Murder”

Wednesday October 30 - Osgoode Society Book launch

Wednesday November 6 - Ubaka Ogbogu, University of Alberta: “Doctors versus Councillors: A Legal History of Smallpox Vaccination in Ontario, 1882 - 1920”

Wednesday November 20 - Mary Stokes, Osgoode Hall Law School: “Municipal Corporations in Court, 1850-1880.”

December 4 - Lori Chambers, Lakehead University: “TBA”

Second Term

Wednesday January 8 - Philip Girard, Osgoode Hall Law School: “A History of Canadian Law, Chapter 2: 1500-1701"

Wednesday January 22 - Eric Adams, University of Alberta: “TBA”

Wednesday February 5 - Maynard Maidman, York University: "The Practice of Law in Ancient Mesopotamia: Two Cases from ca. 1400-1350 B.C."

Wednesday February 12 - Bill Wicken, York University: “Residency on the Six Nations Reserve: Legal and Social issues, 1870-1920.”

Wednesday February 26 - Sally Hadden, Western Michigan University:  “TBA”

Wednesday March 12 - Tyler Wentzell, University of Toronto: “Not for King nor Country: Canada's Foreign Enlistment Act and the Spanish Civil War”

Wednesday March 26 - Don Fyson, Laval University: “TBA”

Wednesday April 9 - Bettina Bradbury, York University: “‘In the event of my said wife remaining in the colonies … all her interest in my will is to cease’: The widow Kearney contests her husband’s final wishes in colonial Victoria, Australia.”
For more information, including how to participate in this workshop, head to the Canadian Legal History Blog.

September at the Miller Center

Among the upcoming events at the Miller Center for Public Affairs at the University of Virginia in September are the following:

FORUM: Wednesday, September 4      11:00 a.m.
GILBERT KING, Pulitzer Prize-winning historian, on his book, The Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

FORUM: Wednesday, September 11    11:00 a.m.
WILLIAM P. JONES, history professor at the University of Wisconsin-Madison, on his new book, The March on Washington: Jobs, Freedom, and the Forgotten History of Civil Rights

HISTORICAL PRESIDENCY LECTURE SERIES:
Wednesday, September 18   5:00 p.m.
Special Location: Nau Hall, Room 101 ( U.Va. Web Map)
GARY GALLAGHER, senior faculty associate at the Miller Center, and JAMES M. MCPHERSON, professor emeritus of history at Princeton, on Abraham Lincoln and Jefferson Davis as war presidents.

More information here.

Harvard Legal History Workshop Schedule, 2013-14

I'm pleased to share the schedule for this year's Harvard Legal History Workshop. The lineup is as follows.

Sept 18: Daniel Ernst, Professor of Law, Georgetown University, “Chief Justice Hughes and Administrative Law, 1930-1941”
Comment: Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School

Sept 25: Karen Tani, Assistant Professor of Law, University of California, Berkeley Law, “The ‘Indian Problem’: Welfare, Rights, and Citizenship in the Wake of the New Deal”
Comment: Lucie White, Louis A. Horvitz Professor of Law, Harvard Law School

Oct. 9 Risa Goluboff, John Allan Love Professor of Law and Professor of History, University of Virginia, “People out of Place: The Sixties, the Supreme Court, and Vagrancy Law”
Comment: Lisa McGirr, Professor of History, Department of History, Harvard University

Oct 16: Serena Mayeri, Professor of Law and History, University of Pennsylvania, “Status of Marriage: Marital Supremacy Challenged and Remade, 1960-2000”
Comment: Michael Klarman, Kirkland and Ellis Professor of Law, Harvard Law School

Oct 23: Jane de Hart, Professor of History, University of California, Santa Barbara, Department of History, “Ruth Bader Ginsburg: Pursuing Equality”
Comment: Nancy Cott, Jonathan Trumbull Professor of American History, Department of History, Harvard University

Oct 30: Daniel Sharfstein, Professor of Law, Vanderbilt University, “West from Reconstruction: Struggles Over Liberty and Equality, 1865-74”

Feb 26, 2014 Sara Mayeux, HLS Berger-Howe Fellow in Legal History, “The Right to Counsel and the Political Limits of Originalism”

Mar 27, 2014 Hendrik Hartog, Class of 1921 Bicentennial Professor in the History of American Law and Liberty, Professor of History, Princeton University, “Imagining Gibbons v. Ogden without the Commerce Clause: A Sketch”

Yale Legal Forum, 2013-2014

Here is the lineup for the Yale Legal History Forum in 2013-2014.  Sessions are 4:30-6:00 p.m. unless otherwise indicated and held in the Yale Law School Faculty Lounge (second floor).  A reception starts at 4:15 p.m.

For more information, please contact
christian.burset@yale.edu or marie-amelie.george@yale.edu.

FALL

Danielle Allen | Institute for Advanced Study (Social Science)
Thursday, September 19
Joint session with Legal Theory Workshop. Begins at 4:15 p.m.

Ned Blackhawk | Yale University (History)
Tuesday, October 1
Problems of Governance in the Indigenous West of the Civil War Era

Petra Moser | Stanford University (Economics)
Thursday, November 21
Copyright and U.S. Tastes for Russian Music
Joint session with Law, Economics & Organization Workshop. 4:10-5:40 p.m., SLB 121.

SPRING

Brian Tamanaha | Washington University School of Law
Tuesday, February 18
A Natural History of Law

Rebecca McLennan | University of California Berkeley (History)
Tuesday, March 25
Living Law in Early America: Towards a Cultural History of Jurisdiction

Randall Lesaffer | Tilburg University Law School
Tuesday, April 1
Pax Sine Iustitia: Peacemaking and the Law of Nations in Early Modern Europe

Jack Goldsmith | Harvard Law School
Thursday, April 10
Joint session with Legal Theory Workshop. Begins at 4:15 p.m.

Lederman and Purcell to Lead ICH Seminar on War Powers

[We are moving this announcement up as the deadline of September 15 is approaching.]

The Institute for Constitutional History has announced another Robert H. Smith seminar for advanced graduate students and junior faculty.  This one is “Modern Constitutional War Powers.”  One of the instructors is my colleague Martin S. Lederman, an Associate Professor of Law at the Georgetown University Law Center, who served as Deputy Assistant Attorney General in the Department of Justice's Office of Legal Counsel from 2009 to 2010, and an Attorney Advisor in OLC from 1994-2002.  The other is Edward A. Purcell, Jr., the Joseph Solomon Distinguished Professor at New York Law School and one of the nation's foremost authorities on the history of the United States Supreme Court and the federal judicial system.  He is the author of several books, including Originalism, Federalism, and the American Constitutional Enterprise: A Historical Inquiry (Yale University Press, 2007), and Brandeis and the Progressive Constitution: Erie, the Judicial Power, and the Politics of the Federal Courts in Twentieth-Century America (Yale University Press, 2000).

The ICH folks explain:
The six-week seminar concerns the evolution of the distribution of war powers from the beginning of the Twentieth Century to the present day.  The Founders endeavored to create a federal system in which a separation and blending of powers would make the legislature the preeminent source of military authority and thus prevent the executive from unilaterally entangling the nation in costly belligerent adventures.  Conventional wisdom has it that practical developments over the past 100 years-most significantly, the creation of a powerful standing army and intelligence establishment, the development of nuclear weapons, and the emergence of a much more robust role for the United States as a superpower responsible for the defense of Europe and other allies in a post-nuclear age-have rendered the original constitutional design obsolete, such that Congress and the courts have largely ceded war-making authority to an all-powerful, virtually unchecked President.  In this interdisciplinary course, using conventional legal materials as well as recent historical and political science accounts of the distribution of war powers, we will examine whether and to what extent this conventional account is accurate, and will more broadly discuss whether the current balance of powers ensures sufficient checks on misguided adventurism and abuse of individual liberties.
The seminars will take place from 3:00 to 5:00 at the New-York Historical Society, 170 Central Park West, New York City on the following Wednesday afternoons:October 16, 23, 30, November 6, 13, 20.  There is no tuition or other charge for this seminar, though participants will be expected to acquire the assigned books on their own.

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