Fall 2008 American Legal History Questions
In the 210 years since Jesse Root published his Reports, how and why has marriage changed in Connecticut (and the United States)? What role has law played? Your answer should focus on the course materials, although you should also include Griswold v. Connecticut and the recent Connecticut Supreme Court opinion that legalized gay marriage in Jesse Root’s home state in your analysis. However, don’t spend more than 20 percent of your essay on these two important cases—this is a history essay, after all.
Consider extralegal activity—rioters, vigilantes, and the Klan. Do these extralegal activities represent extensions of the aims of the legal system by other means? Or, do extralegal activities represent a rejection of the aims of the official criminal justice system? Or, is there some better way to describe the history of the relationship between extralegal activity and the criminal justice system?
Are we a nation of immigrants? Or, are we a nation of anti-immigrants? What is the role of anti-immigrant sentiment in the history of American law? Does Friedman describe this sentiment adequately?
How do judges decide cases? Consider a review of Richard Posner’s book on the topic. (See: http://www.bsos.umd.edu/gvpt/lpbr/reviews/2008/08/how-judges-think.html ) Compare Judge Posner’s view to that of Lawrence Friedman. Using the course material, evaluate their claims. Reading the review of Posner’s book is sufficient, although you should feel free to read the book if you think that would be helpful. (I have asked that the book be placed on course reserve in the library.)
One often hears of the separation of religion and the state in the United States. But is law really separate from religion? De Tocqueville compared American lawyers to Egyptian priests. In what ways was he right or wrong with regard to the history of American law. Be sure to include discussion of Friedman’s analysis in your answer. |
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