Legal History Blog
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The Legal History Blog is updated daily with new scholarship and news in legal history.
Legal History Blog
1d ago
[We have the following CFP and news of plenary sessions at the Policy History Conference from its convenor, Donald Critchlow, ASU Katzin Family Professor of History, Director, ASU Center for American Institutions. DRE]
The Institute for Political History, the Journal of Policy History and the Arizona State University Center for American Institutions are hosting the Policy History Conference in Charlotte, North Carolina at the Hilton Charlotte Uptown hotel from Wednesday, June 4 to Saturday, June 7, 2025.
We are pleased to announce the following plenary sessions
Thursday, June 5
Richard ..read more
Legal History Blog
2d ago
Adam B. Cox, NYU Law, has published The Invention of Immigration Exceptionalism in the Yale Law Journal:
American immigration law is a domain where ordinary constitutional rules have never applied. At least, that is the conventional wisdom. Immigration law’s exceptionalism is widely believed to flow directly from the Supreme Court’s invention, in the late nineteenth century, of the so-called plenary power doctrine. On the standard account, that doctrine has long insulated immigration policies from constitutional scrutiny. The plenary power doctrine is thought to permit everything from Presiden ..read more
Legal History Blog
3d ago
Tom Ankersen, University of Florida Levin College of Law, has posted, in three parts, "Not for Long a Fishe: The Early History of Sea Turtle Conservation Law and Policy in Florida":
Shipping Green Turtle, Key West, 1898 (NYPL)
[Part I] reviews the broad history during the colonial era and then focuses on some of the first laws Florida’s territorial and early statehood years, when sea turtles were considered a fishery. By the end of the 19th century and continuing into the 20th century, the State’s sea turtle population had declined significantly due to over-harvest and a poor underst ..read more
Legal History Blog
4d ago
Laura Phillips-Sawyer, University of Georgia School of Law, has posted two papers. The first is Restructuring American Antitrust Law: Institutionalist Economics and the Antitrust Labor Immunity, 1890-1940s, which appeared last year in the University of Chicago Law Review:
Thurman W. Arnold (LC)
Labor unions and their leaders were cast as the perennial antitrust defendants for the first fifty years of federal antitrust law, and this historic imbalance fostered a movement in economic scholarship and labor activism to restructure American antitrust law. The progressive ..read more
Legal History Blog
6d ago
[We have the following announcement. DRE]
The Centres for English Legal History and Public Law at the University of Cambridge will host a seminar by Professor Emeritus David Sugarman entitled ‘Hidden Histories of the Pinochet Case’ at 5:15pm (GMT) on December 3 in Cambridge, England. The lecture is free and open to the public and will stream online [here ..read more
Legal History Blog
6d ago
Balkinization has been hosting a symposium on Kunal Parker's The Turn to Process: American Legal, Political, and Economic Thought, 1870–1970 (Cambridge University Press, 2023). So far, Aziz Rana, Ajay K. Mehrotra, Paul Gowder, Amalia D. Kessler, and John Fabian Witt have contributed.
The Institute for Advanced Legal Studies at the University of London has announced the establishment of the Law and the Humanities Hub (LHub), led by Anat Rosenberg. It “aims to foster academic expertise, creativity, and intellectual leadership in law and the humanities.” Here are its 2024 ..read more
Legal History Blog
1w ago
Alastair McClure, The University of Hong Kong, has published Trials of Sovereignty: Mercy, Violence, and the Making of Criminal Law in British India, 1857–1922 (Cambridge University Press). It appears in the ASLH-sponsored series, Studies in Legal History.
Trials of Sovereignty offers the first legal history of mercy and discretion in nineteenth and twentieth-century India. Through a study of large-scale amnesties, the prerogative powers of pardon, executive commutation, and judicial sentencing practices, Alastair McClure argues that discretion represented a vital facet of colonial rul ..read more
Legal History Blog
1w ago
[We have the following CFP. DRE]
Call for Papers: “Queer Constitutional History” in the Journal of American Constitutional History. Guest edited by Professors Felicia Kornbluh and Marie-Amélie George
We invite scholars in history, law, and related fields to submit articles for a symposium issue of the Journal of American Constitutional History on “U.S. Queer Constitutional History,” to be edited by Professors Felicia Kornbluh and Marie-Amélie George, in consultation with journal editor David Schwartz. We plan to publish the symposium issue in 2025 t ..read more
Legal History Blog
1w ago
Journal of Supreme Court History 49:3 has been published:
"Judge" Eugene Brooks: Supreme Court Messenger, Proponent of Black Awareness, 1881-1926
Terence Walz
"The ct is disposed to consider the merits…Wow!": Anthony Lewis Takes Us Inside the Oral Arguments in NAACP v. Alabama ex rel. Flowers (1964)
Helen J. Knowles-Gardner
An End to Rebel "Punishment": The Test Oath Cases and the Constitutional Politics of Confederate Disqualification
M. Henry Ishitani
"Our Leading Feminist": Dorothy Kenyon and the Origins of Equal Protection for Women in Hoyt v. Florida
Isabel Miller
The Judicial Books ..read more
Legal History Blog
1w ago
[We are moving up this CFP for 2025 Law and Humanities Workshop for Junior Scholars because the deadline of December 9 is approaching. DRE.]
Georgetown University Law Center, Stanford Law School, UCLA School of Law, the University of Pennsylvania, and the University of Southern California Center for Law, History, and Culture
invite submissions for the 24th meeting of the Law and Humanities Workshop for Junior Scholars, to be held at Stanford University on June 9-10, 2025.
The workshop is open to untenured professors, advanced graduate students, post-doctoral scholars, and independent s ..read more