In Memoriam: John H. Mansfield

Scholarship

PUBLISHER

Harvard Law Review

DATE

2014

Frederick Schauer

The editors of the Harvard Law Review respectfully dedicate this issue to Professor John H. Mansfield.

Frederick Schauer, In Memoriam: John H. Mansfield, 128 Harvard Law Review, 533–537 (2014).

Why Can’t We Take Secession Seriously?
Cynthia L. Nicoletti
Sandy Levinson has always taken secession arguments seriously. This is, in my eyes, one of his great virtues. There are very few scholars who would... MORE
'Our Experiences Make Us Who We Are': Lessons from Thomas Ruffin and Dirk Hartog
Jessica Lowe
It was 1804, and Thomas Ruffin, future Chief Justice of the North Carolina Supreme Court, was having doubts about slavery. Ruffin was a young student... MORE
Continuity and Change at UVA Law
Risa Goluboff
At the University of Virginia School of Law, we have recently commemorated the bicentennial of our founding, the centennial of coeducation and the... MORE

Risa Goluboff: Response to Dirk Hartog’s “Four Fragments” In a Flow Chart and Three Venn Diagrams
Risa Goluboff
After reading “Four Fragments,” I returned to the journal I kept as a requirement of Dirk’s course. There, in the very first entry dated February 6,... MORE
The Hope of Ketanji Brown Jackson's Nomination
Kimberly J. Robinson
For two surreal days this week, I sat next to the family of Judge Ketanji Brown Jackson during hearings on her nomination to the U.S. Supreme Court.... MORE
Soccer in American Culture: The Beautiful Game’s Struggle for Status
G. Edward White
In Soccer in American Culture: The Beautiful Game's Struggle for Status, G. Edward White seeks to answer two questions. The first is why the sport of... MORE

Forward
Risa Goluboff
This symposium about the future of legal pedagogy could not be more timely. Its four thought-provoking papers raise a constellation of questions... MORE
Tort Law and the Construction of Change: Studies in the Inevitability of History
G. Edward White

Kenneth S. Abraham
Tort Law and the Construction of Change studies the interaction of law and social change in American history. Tort law—civil law made by judges, not... MORE
William Henry Trescot, Pardon Broker
Cynthia L. Nicoletti
This essay details the efforts of William Henry Trescot, "executive agent" for South Carolina, to secure pardons for the state's lowcountry elite... MORE

The Global Evolution of Foreign Relations Law
Kevin Cope

Pierre-Hugues Verdier

Mila Versteeg
The constitutional rules that govern how states engage with international law have profound implications for foreign affairs, yet we lack... MORE
Wars of Conquest in the Twenty-First Century and the Lessons of History – Crimea, Panama, and John Bassett Moore
Paul B. Stephan
This article uses history to explore how prominent international lawyers explain seemingly transgressive state behavior. It begins with the Russian... MORE
The Certificate of Division and the Early Supreme Court
Michael G. Collins
The history and development of Supreme Court review over state courts in the early Republic is well known. The equally important history and... MORE

The Common Law and Critical Theory
Charles Barzun
Because common-law doctrines have long served as targets for critical theorists, it would be easy to see the common law and critical theory as... MORE
The Tale of Two Harts; A Schlegelian Dialectic
Charles Barzun
This essay, written for a symposium honoring John Henry Schlegel, is part intellectual history, part philosophical polemic. It first briefly compares... MORE
"I Am Better at Narrative Than Analytic History": Schlegel's Version of Intellectual History
G. Edward White
It has been a stimulating and exhausting task to reread much of John Henry Schlegel's efforts, over several decades, to work out his approach to... MORE

Quentin Skinner v. Charles Taylor: Explanation and Practical Reasoning in History, Philosophy, and Law
Charles Barzun
One can ask two different questions about a given social, political, or legal practice. First, how, if at all, do the ideas embodied in that practice... MORE
Clash of the Titans: Hercules v. Dennis Martinez, or Why Dworkin and Fish are Both Wrong
Charles Barzun
At first blush, the debate between Stanley Fish and Ronald Dworkin that took place over the course of the 1980s and early 90s seems to have produced... MORE
Historical Path Dependency and Secession
Cynthia L. Nicoletti
At the conclusion of Part I of American Secession, Frank Buckley declares that “it’s time to think seriously about Secession 2.0 as a possibility.”... MORE