The Docket

Take Back the Circus: Dehumanisation, the Common Law System, and the Restorative Justice Alternative

Ciara Molloy offers a historical critique of the common law system while arguing for a more culturally transformative and humanising process of restorative justice.

THe 2018 ASLH Annual Meeting on Social Media

All the social media coverage from the 2018 Annual Meeting of the American Society for Legal History!

Inherited Empire: Civil Law and Custom in “New France” after 1763

Julia Lewandoski, Drew Hermeling, and Adam Nadeau reprise their papers from the 2018 Omohundro Institute Annual Meeting on the rule of law after the transition from French to British rule in New France in 1763.

“A Wholesale Disfranchising Machine”: Criminal Conviction and Voting Rights in Florida

Pippa Holloway discusses the history of disfranchisement of persons convicted of felonies as a means of racialized social control and the implications of Florida’s recent referendum to restore the vote to many convicted felons.

Déja vu All Over Again… The Florida Recount in Historical Context

Charles Zelden offers a sobering assessment of the ability of state election law, institutions, and procedure to decide close elections with authority.

R. Volney Riser Discusses Disfranchisement and Anti-Democracy

The politics of voter eligibility today reflect racially polarized partisanship. R. Volney Riser reflects on historical antecedents of today’s battles for the ballot.

Thomas Jefferson and the Arabian Stallion: A Research Note on the Third President and the Foreign Emoluments Clause

Andrew Fagal argues that for Thomas Jefferson, the U.S. Constitution’s Foreign Emoluments Clause only applied to things that had a discernible monetary value. The executive could readily accept gifts with no real monetary value.

The Original Failing Law School: Misappropriation, Cronyism, and Fisticuffs at the Benton College of Law

Phillip Johnson recounts the story of the rise and fall of the Benton College of Law in the early twentieth century.