Articles

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Ink Blot or Not: the Meaning of Privileges And/Or Immunities, University of Pennsylvania Journal of Constitutional Law (2009)

This article examines the meaning of the terms privileges and immunities as used in Article...

 

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39th Congress (1865-1867) and the 14th Amendment: Some Preliminary Perspectives, Akron Law Review (2009)

The 39th Congress (1865-1867) was one of the important Congresses in our history. It passed...

 

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Enforcing the Bill of Rights Against the States: The History and the Future, Journal of Contemporary Legal Issues (2009)

This article traces, in broad strokes, the history of the disputes about whether or not...

 

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Stone Soup: Thoughts on Balancing a Deanship and Family Life After Twelve Years as Dean, University of Toledo Law Review (2008)

JUNE 30, 2007 marked the conclusion of my twelve-year service as Dean of the University...

 

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Unintended Consequences of the Fourteenth Amendment and What They Tell us About its Interpretation, Akron Law Review (2006)

The Fourteenth Amendment has been compared to “second American Constitution.” Indeed, it is said that...

 

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The Continuing Importance of Congressman John A. Bingham and the Fourteenth Amendment, Akron Law Review (2003)

Lead article in a symposium issue.

In the now-famous 1830s chronicle of a visit...

 

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Bradwell v. Illinois: Chief Justice Chase's Dissent and the "Sphere of Women's Work", Louisiana Law Review (1999)

Salmon P. Chase is remembered today, if at all, as a Secretary of the Treasury...

 

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Refined Incorporation and the Bill of Rights, University of Richmond Law Review (1999)

In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of...

 

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Charles Fairman, Felix Frankfurter, and the Fourteenth Amendment, Chicago-Kent Law Review (1995)

The scope of the Fourteenth Amendment determines, in large measure, the allocation of responsibility and...

 

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Constricting the Law of Freedom: Justice Miller, the Fourteenth Amendment, and the Slaughter-House Cases, Chicago-Kent Law Review (1994)

The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at...

 

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On Misreading John Bingham and the Fourteenth Amendment, Yale Law Journal (1993)

Nearly fifty years ago, Professor Charles Fairman published his seminal article, Does the Fourteenth Amendment...

 

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An Examination of Brown in Light of Plessy and Croson: Lessons for the 1990s, Harvard Blackletter Journal (1990)

The Supreme Court decision in Brown v. Board of Education stands as one of the...

 

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The Anti-Slavery and Abolitionist Background of John A. Bingham, Catholic University Law Review (1988)

Like many small towns in midwestern America, the courthouse of Cadiz, Ohio dominates its town...

 

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Constitutional Considerations: Government Responsibility and the Right Not to be a Victim, Pepperdine Law Review (1984)

In an era of increasing concern over crime and the growth of government agencies into...

 

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Maintaining the Integrity of the Ohio Appellate System, Akron Law Review (1982)

It is not an unusual occurrence for one to look back upon times past and...

 

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Evaluation of Judicial Performance: A Tool for Self-Improvement, Pepperdine Law Review (1981)

The quality of our judicial system, like other institutions, is a function of the work...

 

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Note, Behavior Modification: Winners in the Game of Life?, Cleveland State Law Review (1975)

DR. B. F. SKINNER, Harvard's noted professor and psychologist, and perhaps the most famous advocate...

 

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Note: Katz and the Fourth Amendment: A Reasonable Expectation of Privacy, or a Man's Home is his Fort, Cleveland State Law Review (1974)

The interpretation of fourth amendment rights and their application to individual situations has been a...

 

Books

Contributions to Books

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Missouri Compromise, Encyclopedia of the Supreme Court of the United States (2008)
 

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Secession, Stove v. Mississippi 101 U.S. 814 (1880), Encyclopedia of the Supreme Court of the United States (2008)

Two articles published in volume 4:

1. Secession, 352-354

2. Stone v. Mississippi,...

 

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Test Oath Cases; Morris Waite; Writs, Encyclopedia of the Supreme Court of the United States (2008)

Three articles published in volume 5:

1. Test Oath Cases, 36-37

...
 

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Articles on John Armor Bingham and Justice Salmon Chase, Encyclopedia of the Midwest (2006)
 

Four articles about cases covering the Fourteenth Amendment, interstate commerce power, constitutionality of 1864 income tax, and due process., Dictionary of American History (2003)

Submitted articles about:

1.) Slaughterhouse Cases, 83 U.S. 36 (1873) (first cases under the...

 

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Three articles on the Fourteenth Amendment, Catherine (Kate) Chase Sprague, and the Impeachment Trial of Andrew Johnson, Historical Dictionary of the Gilded Age (2003)

Three articles:

1.) The Fourteenth Amendment
2.) Catherine (Kate) Chase Sprague
3.) The Impeachment Trial...

 

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Four essays on key court cases concerning religion and the Blaine Amendment, Religion and American Law: an Encyclopedia (2000)

Articles: 1.) Blaine Amendment, at 39.

2.) Board of Education v. Minor, 23 Ohio...

 

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Unintended Consequences of the Fourteenth Amendment, Unintended Consequences of Constitutional Amendment (2000)
 

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The 27th Amendment, James Madison and the American Nation, 1751-1836: An Encyclopedia (1994)
 

Other Works

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Book Review: Heather Cox Richardson, The Death of Reconstruction, The Historian (2006)
Reviewing Heather Cox Richardson, The Death of Reconstruction: Race, Labor, and Politics in the Post-Civil...
 

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Book Review: Pamela Brandwein, Reconstructing Reconstruction, The Supreme Court and the Production of Historical Truth, American Journal of Legal History (2001)
Reviewing Pamela Brandwein, Reconstructing Reconstruction: The Supreme Court and the Production of Historical Truth (Duke...
 

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Book Review: Akhil Amar, the Bill of Rights, and the Seven Deadly Sins of Legal Scholarship, William & Mary Bill of Rights Journal (2000)

The publication of The Bill of Rights: Creation and Reconstruction by one of the nation's...

 

Book Review: Wayne D. Moore, Constitutional Rights and Power of the People, The Historian (1998)
Reviewing Wayne D. Moore, Constitutional Rights and Power of the People (Princeton University Press 1996).
 

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Book Review: Stephen L. Wasby, Race Relations Litigation in an Age of Complexity, American Journal of Legal History (1997)
Reviewing Stephen L. Wasby, Race Relations Litigation in an Age of Complexity (University Press of...
 

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Book Review: The Supreme Court in the Current of Legal Thought, Reviews in American History (1995)

Reviewing Bernard Schwartz's "A History of the Supreme Court" and "Main Currents in American Legal...

 

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Book Review: To set the Record Straight, Akron Law Review (1980)
 

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Book Review: The Brethren, Akron Law Review (1980)
 

Essays