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).

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

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

"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

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
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
Revitalizing Involuntary Bankruptcy
Rich Hynes

Steven D. Walt

The Rise and Fall of Transcendent Constitutionalism in the Civil War Era
Cynthia L. Nicoletti
In the aftermath of the Civil War, American intellectuals saw the war itself as a force of transcendent lawmaking. They viewed it as a historical... MORE
King Leopold's Bonds and the Odious Debts Mystery
G. Mitu Gulati
In 1898, in the wake of the Spanish-American war, Spain ceded the colony of Cuba to the United States. In keeping with the law of state succession,... MORE
Transferable Sovereignty: Lessons from the History of the Congo Free State
G. Mitu Gulati
In November, 1908, the international community tried to buy its way out of the century’s first recognized humanitarian crisis: King Leopold II’s... MORE