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Final Exam Questions
1995
Remember to read the
Instructions.
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Lately,
Lawrence Friedman and I have been discussing the
possibility of my becoming the co-author of the third
edition of his book, A History of American Law.
Your
assignment is to draft a memorandum to me in which you
argue for the changes that should be made to the current
edition of A History of American Law.
You have
three principal goals. One goal is to identify those
parts of Friedman's book that must be changed because
his arguments are either unclear, out-of-date, or just
plain wrong. The second goal is to suggest topics that
should be included, excluded, emphasized, or
de-emphasized in the third edition. The third goal is
to make suggestions that will improve the usefulness of
the book as a textbook for legal history courses taught
in law schools, graduate schools, or to advanced
undergraduates.
You
should, of course, write the memo from your own
viewpoint, but you should also not ignore Professor
Russell's arguments as you write your memorandum.
END OF QUESTION ONE
In 1860,
Elizabeth Cady Stanton, Rev. Antoinette Brown Blackwell,
Ernestine L. Rose, Wendell Phillips, Susan B. Anthony,
and others debated the issue of divorce at the Tenth
National Woman's Rights Convention (See Docs.,
353-72.). Examine their arguments and debate closely.
How do the
debate and the arguments of the participants fit within
broader currents of the legal history of the United
States from 1800 through the end of Reconstruction?
You may,
and should, consider the relationship of the divorce
arguments to other issues affecting women and families,
but you should not limit yourself to this inquiry. The
real point of this question is for you to consider the
relationship of the arguments about divorce to broader
tensions or changes at roughly the same time in American
legal culture.
END OF QUESTION TWO
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