"Greatness" Revisited
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Reconsidering the Origins of the Constitutional Privilege Against Self-Incrimination
Michigan Law Review Volume 92 Issue 5 1994 Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self-Incrimination Eben Moglen Columbia University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Constitutional Law Commons, Criminal Procedure Commons, and the Legal History Commons Recommended Citation Eben Moglen, Taking the Fifth: Reconsidering the Origins of the Constitutional Privilege Against Self- Incrimination, 92 MICH. L. REV. 1086 (1994). Available at: https://repository.law.umich.edu/mlr/vol92/iss5/3 This Essay is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. TAKING THE FIFTH: RECONSIDERING THE ORIGINS OF THE CONSTITUTIONAL PRIVILEGE AGAINST SELF INCRIMINATION Eben Moglen* INTRODUCTION Modem criminal procedure in the common law jurisdictions has few distinguishing features as significant as the defendant's strong privilege against becoming a testimonial resource in a criminal investi gation or trial. This is particularly true in the United States, where the interpretation of the Fifth Amendment's familiar wording1 guarantees that objects of police investigation will be warned prophylactically against testimonial cooperation with the police and protects against adverse commentary on failure to testify at trial.2 Perhaps because of its contemporary significance, historical scholarship has tended to lo cate the origin of the privilege deep in the libertarian tradition of the common law. -
I^Igtorical ^Siisociation
American i^igtorical ^siisociation SEVENTY-SECOND ANNUAL MEETING NEW YORK HEADQUARTERS: HOTEL STATLER DECEMBER 28, 29, 30 Bring this program with you Extra copies 25 cents Please be certain to visit the hook exhibits The Culture of Contemporary Canada Edited by JULIAN PARK, Professor of European History and International Relations at the University of Buffalo THESE 12 objective essays comprise a lively evaluation of the young culture of Canada. Closely and realistically examined are literature, art, music, the press, theater, education, science, philosophy, the social sci ences, literary scholarship, and French-Canadian culture. The authors, specialists in their fields, point out the efforts being made to improve and consolidate Canada's culture. 419 Pages. Illus. $5.75 The American Way By DEXTER PERKINS, John L. Senior Professor in American Civilization, Cornell University PAST and contemporary aspects of American political thinking are illuminated by these informal but informative essays. Professor Perkins examines the nature and contributions of four political groups—con servatives, liberals, radicals, and socialists, pointing out that the continu ance of healthy, active moderation in American politics depends on the presence of their ideas. 148 Pages. $2.75 A Short History of New Yorh State By DAVID M.ELLIS, James A. Frost, Harold C. Syrett, Harry J. Carman HERE in one readable volume is concise but complete coverage of New York's complicated history from 1609 to the present. In tracing the state's transformation from a predominantly agricultural land into a rich industrial empire, four distinguished historians have drawn a full pic ture of political, economic, social, and cultural developments, giving generous attention to the important period after 1865. -
The Pulitzer Prizes 2020 Winne
WINNERS AND FINALISTS 1917 TO PRESENT TABLE OF CONTENTS Excerpts from the Plan of Award ..............................................................2 PULITZER PRIZES IN JOURNALISM Public Service ...........................................................................................6 Reporting ...............................................................................................24 Local Reporting .....................................................................................27 Local Reporting, Edition Time ..............................................................32 Local General or Spot News Reporting ..................................................33 General News Reporting ........................................................................36 Spot News Reporting ............................................................................38 Breaking News Reporting .....................................................................39 Local Reporting, No Edition Time .......................................................45 Local Investigative or Specialized Reporting .........................................47 Investigative Reporting ..........................................................................50 Explanatory Journalism .........................................................................61 Explanatory Reporting ...........................................................................64 Specialized Reporting .............................................................................70 -
The Strange Career of Thomas Jefferson Race and Slavery in American Memory, I94J-I99J
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Richmond University of Richmond UR Scholarship Repository History Faculty Publications History 1993 The trS ange Career of Thomas Jefferson: Race and Slavery in American Memory Edward L. Ayers University of Richmond, [email protected] Scot A. French Follow this and additional works at: http://scholarship.richmond.edu/history-faculty-publications Part of the Race and Ethnicity Commons, and the United States History Commons Recommended Citation Ayers, Edward L. and Scot A. French. "The trS ange Career of Thomas Jefferson: Race and Slavery in American Memory." In Jeffersonian Legacies, edited by Peter S. Onuf, 418-456. Charlottesville: University Press of Virginia, 1993. This Book Chapter is brought to you for free and open access by the History at UR Scholarship Repository. It has been accepted for inclusion in History Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. CHAPTER I 4 The Strange Career of Thomas Jefferson Race and Slavery in American Memory, I94J-I99J SCOT A. FRENCH AND EDWARD L. AYERS For generations, the memory of Thomas Jefferson has been inseparable from his nation's memory of race and slavery. Just as Jefferson's words are invoked whenever America's ideals of democracy and freedom need an elo quent spokesman, so are his actions invoked when critics level charges of white guilt, hypocrisy, and evasion. In the nineteenth century, abolitionists used Jefferson's words as swords; slaveholders used his example as a shield. -
Scholarship, Anecdotage, Enthusiasm, and Anguish
Leonard W. Levy. Ranters Run Amok: And Other Adventures in the History of the Law. Chicago: Ivan R. Dee Publisher, 2000. xi + 239 pp. $26.50, paper, ISBN 978-1-56663-277-5. Reviewed by R. B. Bernstein Published on H-Law (September, 2000) Scholarship, Anecdotage, Enthusiasm, and religious adversaries armed with governmental Anguish power. It is an offshoot of Levy's most recent ma‐ Leonard W. Levy, who taught for many years jor scholarly enterprise, an examination of the at Brandeis University and then the Claremont history of the law of blasphemy (to which we re‐ Graduate School, is in many ways the dean of turn below). The other three essays in this catego‐ American constitutional historians. Ranters Run ry are "Origins of the Fourth Amendment" (pp. Amok -- his third essay collection and his third 141-172), a brisk and useful summary of the sub‐ book in two years -- contains eight essays. The ject; "America's Greatest Magistrate" (pp. 217-239), book is handsomely produced by Ivan R. Dee and a deft and sympathetic sketch of Chief Justice presents its notes at the bottom of each page, Lemuel Shaw of the Massachusetts Supreme Judi‐ though it lacks both an index and information as cial Court[1]; and "A Humanist Confronts the Law" to these essays' provenance. (pp. 52-56), a distillation of Levy's guiding princi‐ ples as a historian of American law and the Con‐ Two things are going on in these pages, and stitution of the United States. by inference in the mind of its author. The frst is more conventional -- Levy's desire to collect his The remaining essays in this book fall into a recent treatments of historical subjects too short category far more personal than the frst, blend‐ to justify independent publication. -
Centennial Bibliography on the History of American Sociology
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Sociology Department, Faculty Publications Sociology, Department of 2005 Centennial Bibliography On The iH story Of American Sociology Michael R. Hill [email protected] Follow this and additional works at: http://digitalcommons.unl.edu/sociologyfacpub Part of the Family, Life Course, and Society Commons, and the Social Psychology and Interaction Commons Hill, Michael R., "Centennial Bibliography On The iH story Of American Sociology" (2005). Sociology Department, Faculty Publications. 348. http://digitalcommons.unl.edu/sociologyfacpub/348 This Article is brought to you for free and open access by the Sociology, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Sociology Department, Faculty Publications by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Hill, Michael R., (Compiler). 2005. Centennial Bibliography of the History of American Sociology. Washington, DC: American Sociological Association. CENTENNIAL BIBLIOGRAPHY ON THE HISTORY OF AMERICAN SOCIOLOGY Compiled by MICHAEL R. HILL Editor, Sociological Origins In consultation with the Centennial Bibliography Committee of the American Sociological Association Section on the History of Sociology: Brian P. Conway, Michael R. Hill (co-chair), Susan Hoecker-Drysdale (ex-officio), Jack Nusan Porter (co-chair), Pamela A. Roby, Kathleen Slobin, and Roberta Spalter-Roth. © 2005 American Sociological Association Washington, DC TABLE OF CONTENTS Note: Each part is separately paginated, with the number of pages in each part as indicated below in square brackets. The total page count for the entire file is 224 pages. To navigate within the document, please use navigation arrows and the Bookmark feature provided by Adobe Acrobat Reader.® Users may search this document by utilizing the “Find” command (typically located under the “Edit” tab on the Adobe Acrobat toolbar). -
The First Amendment in Its Forgotten Years
The First Amendment in Its Forgotten Years David M. Rabbant TABLE OF CONTENTS I. Free Speech Before the Courts 522 A. Supreme Court Cases 524 I. Avoiding First Amendment Issues 525 Resisting Incorporation into the Fourteenth Amendment 525 Excluding Publications from the Mails 526 Neglecting First Amendment Issues 529 Limiting the Meaning of Speech 531 2. Addressing First Amendment Issues 533 Justice Holmes and the Bad Tendency of Speech 533 Review of Statutes Penalizing Speech 536 The First Amendment as the Embodiment of English Common Law 539 3. Hints of Protection 540 4. Summary 542 B. Decisions Based on State Law 543 1. The Bad Tendency Doctrine 543 Speech by Radicals 543 Obscenity and Public Morals 548 2. Libel 550 3. Political Speech 551 4. Labor Injunctions 553 5. Speech in Public Places 555 C. The Judicial Tradition 557 t Counsel, American Association of University Professors. 514 Prewar Free Speech II. Legal Scholarship 559 A. The Social Interest in Free Speech 563 B. The Distinction Between Public and Private Speech 564 1. Schofield's Formulation of the Distinction 564 2. Other Scholarly Support for the Distinction 566 C. The Expanding Conception of Free Speech 568 D. The Rejection of Blackstone 570 E. The Limits of Protected Speech 572 1. The Direct Incitement Test 572 2. Pound's Balancing Test 575 3. Schroeder's Test of Actual Injury 576 4. The Benefits of LibertarianStandards 578 F. The Heritage of Prewar Scholarship 579 III. The Role of the Prewar Tradition in the Early Develop- ment of Modern First Amendment Doctrine 579 A. -
Adams and Jefferson : Personal Politics in the Early Republic
d ADAMS AND JEFFERSON: Personal Politics in the Early Republic John Connor The deterioration of the friendship between John Adams and Thomas Jefferson remains a controversial subject among his torians. The two men were once the best of friends, spending personal time with each other’s family, and enjoying a profes sional collaboration that would become famous—drafting the Declaration of Independence. Furthermore, they freely ac knowledged their mutual fondness. In 1784, Adams wrote that his colleague Thomas Jefferson was “an old friend with whom I have often had occasion to labor at many a knotty problem and in whose ability and steadiness I always found great cause to confide.”1 Jefferson wrote similar words of praise to his friend James Madison: “[Adams] is profound in his views, and accurate in his judgments. He is so amiable, that I pronounce you will love him if ever you become acquainted with him.”2 But despite this initial close friendship, by the 1790s Adams called Jefferson “weak, confused, uninformed, and ignorant.”3 At the same time, Jefferson called Adams actions as President “the most grotesque scene in the tragiccomedy of govern ment.”4 What led these two men who once worked so closely together to turn from close friends to bitter enemies in only ten years? How their friendship dissolved has been discussed by Stephen Kurtz, Stanley Elkins, and Eric McKitrick, who em 58 phasize certain events in the Adams Presidency as precise mo ments in which the two men parted ways.5 Noble Cunningham Jr., points to the passage of the Alien and Sedition Act and the creation of a Standing Army as the point at which the two men’s differences became irreconcilable.6 Recent scholarship by James Sharp argues that a dinner conversation held before Adams was even elected led to their disbanding.7 A second school of thought, led by Merrill Peterson, Dumas Malone, and John Ferling, links the divide not so much to a particular event but to the actions of a third party, often Alexander Hamilton. -
Complete Issue 12(2)
Speaker & Gavel Volume 12 Article 1 Issue 2 Winter 1975 Complete Issue 12(2) Follow this and additional works at: https://cornerstone.lib.mnsu.edu/speaker-gavel Part of the Speech and Rhetorical Studies Commons Recommended Citation (1975). Complete Issue 12(2). Speaker & Gavel, 12(2), 25-48. This Complete Issue is brought to you for free and open access by Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato. It has been accepted for inclusion in Speaker & Gavel by an authorized editor of Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato. et al.: Complete Issue 12(2) speakeR An6 oavel DECISION-MAKING PROCESSES IN PUBLIC AFFAIRS The Politico-Rhetorical Climate of the Korean Decision- Robert M. Ezzell 25 Watergate: Crisis by Decision—R/cbarc/ E. Cap/an 31 Men of Wisdom or Builders of Babel: A Study of the Decision- Making Process in the Constitutional Convention of 1787— Robert V. Friedenberg 38 ALSO IN THIS ISSUE New DSR-TKA Chapter Installed at East Tennessee State University 45 News from DSR-TKA Chapters 46 DSR-TKA National Conference S University of Kentucky 4 April 4-7, 1975 | volume 12, numBep 2 winten, 1975 Published by Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato,1 Speaker & Gavel, Vol. 12, Iss. 2 [], Art. 1 SPEAKER and GAVEL Official publication of Delta Sigmo Rho—Tou Koppa Alpha Notional Honorary Forensic Society PUBLISHED AT LAWRENCE, KANSAS By ALLEN PRESS, INC. Second-class postoge paid at Lawrence, Kansas, U.S.A. -
The American Revolution | University of Stirling
09/29/21 HISU9D7: The American Revolution | University of Stirling HISU9D7: The American Revolution View Online Colin Nicolson 450 items Historical Documentary Digital Editions Collections of Primary Sources (9 items) The Revolution in America, 1754-1788: Documents and Commentaries - J. R. Pole, 1970 Book The Papers of Francis Bernard: Governor of Colonial Massachusetts, 1760-69, 6 vols. - Colin Nicolson, Francis Bernard, 2007- Book The American Revolution: writings from the pamphlet debate - Gordon S. Wood, 2015 Book The Revolution in America, 1754-1788: Documents and Commentaries - J. R. Pole, 1970 Book Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766 - Edmund S Morgan, 1959 Book Colonies to Nation 1763-1789: A Documentary History of the American Revolution - Jack P. Greene, 1975 Book Major Problems in the Era of the American Revolution, 1760-1791: Documents and Essays - Richard D. Brown, 2d ed. 2000 Book Revolutionary America, 1763-1815: A Sourcebook - Francis D Cogliano, Kirsten E Phimister, 2010 Book Documents of the American Revolution, 1770-1783, 21 vols. - K.G. Davies, 1972-1981 Book Books recommended for purchase (18 items) The ideological origins of the American Revolution - Bernard Bailyn, 1992 Book | Recommended 1/32 09/29/21 HISU9D7: The American Revolution | University of Stirling The origins of American politics - Bernard Bailyn, 1970 Book | Suggested for Student Purchase Major problems in the era of the American Revolution, 1760-1791: documents and essays - Brown, Richard D., 2000 Book | -
D:\Documents\Shauna's Documents\100 Best Nonfiction
Have You Read the 100 Best Nonfiction Books of the 20th Century? 1. The Education of Henry Adams, Henry Adams* 2. The Varieties of Religious Experience, William James* 3. Up from Slavery, Booker T. Washington* 4. A Room of One’s Own, Virginia Woolf 5. Silent Spring, Rachel Damon 6. Selected Essays, 1917–1932, T. S. Eliot 7. The Double Helix, James D. Watson 8. Speak, Memory, Vladimir Nabokov 9. The American Language, H. L. Mencken 10. The General Theory of Employment, Interest and Money, John Maynard Keynes 11. The Lives of a Cell, Lewis Thomas 12. The Frontier in American History, Frederick Jackson Turner 13. Black Boy, Richard Wright 14. Aspects of the Novel, E. M. Forster 15. The Civil War, Shelby Foote* 16. The Guns of August, Barbara Tuchman 17. The Proper Study of Mankind, Isaiah Berlin 16. The Nature and Destiny of Man, Reinhold Niebuhr 19. Notes of a Native Son, James Baldwin 20. The Autobiography of Alice B. Toklas, Gertrude Stein* 21. The Elements of Style, William Strunk and E. B. White 22. An American Dilemma, Gunnar Myrdal 23. Principia Mathematica, Alfred North Whitehead and Bertrand Russell 24. The Mismeasure of Man, Stephen Jay Gould 25. The Mirror and the Lamp, Meyer Howard Abrams 26. The Art of the Soluble, Peter B. Medawar 27. The Ants, Bert Hoelldobler and Edward O. Wilson 26. A Theory of Justice, John Rawls 29. Art and Illusion, Ernest H. Gombrich 30. The Making of the English Working Class, E. P. Thompson 31. The Souls of Black Folk, W.E.B. -
The Brandeis Gambit: the Making of America's "First Freedom," 1909-1931
William & Mary Law Review Volume 40 (1998-1999) Issue 2 Article 7 February 1999 The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931 Bradley C. Bobertz Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Constitutional Law Commons, and the First Amendment Commons Repository Citation Bradley C. Bobertz, The Brandeis Gambit: The Making of America's "First Freedom," 1909-1931, 40 Wm. & Mary L. Rev. 557 (1999), https://scholarship.law.wm.edu/wmlr/vol40/iss2/7 Copyright c 1999 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr THE BRANDEIS GAMBIT: THE MAKING OF AMERICA'S "FIRST FREEDOM," 1909-1931 BRADLEY C. BOBERTZ* TABLE OF CONTENTS INTRODUCTION .................................. 557 I. FREE SPEECH AND SOCIAL CONFLICT: 1909-1917 ..... 566 II. WAR AND PROPAGANDA ......................... 576 III. JUSTICE HOLMES, NINETEEN NINETEEN ............ 587 IV. THE MAKING OF AMERICA'S "FIRST FREEDOM. ....... 607 A. Free Speech as Safety Valve ................ 609 B. Bolshevism, Fascism, and the Crisis of American Democracy ...................... 614 C. Reining in the Margins .................... 618 D. Free Speech and Propagandain the "Marketplace of Ideas"..................... 628 V. THE BRANDEIS GAMBIT ........................ 631 EPILOGUE: SAN DIEGO FREE SPEECH FIGHT REVISITED .... 649 INTRODUCTION A little after two o'clock on the sixth afternoon of 1941, Frank- lin Roosevelt stood at the clerk's desk of the U.S. House of Rep- resentatives waiting for the applause to end before delivering one of the most difficult State of the Union Addresses of his * Assistant Professor of Law, University of Nebraska College of Law.