Earl M Maltz
Biographic Data
| ID | 1108663 |
|---|---|
| NAME | Earl M Maltz |
| GIVEN NAMES | Earl M |
| FAMILY NAME | Maltz |
| SIGNATURE | MALTZ E M |
| AFFILIATIONS | Arc of the United States |
| VERIFIED | No |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 8 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2008 |
| H-INDEX | 2 |
Dred Scott and the Politics of Slavery
The slave Dred Scott claimed that his residence in a free state transformed him into a free man. His lawsuit took many twists and turns before making its way to the Supreme Court in 1856. But when the Court ruled against him, the ruling sent shock waves through the nation and helped lead to civil war. Writing for the 7-to-2 majority, Chief Justice Roger Taney asserted that blacks were not and never could be citizens. Taney also ruled that the Mis…
The Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment
Brown and Tee-Hit-Ton
The year 2004 witnessed a vast outpouring of scholarship celebrating and analyzing the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.1 The magnitude of this literature reflects the impact of Brown not only on the development of constitutional jurisprudence, but also on the overall pattern of race relations in America. By holding that state mandated segregation in schools violated the Equal Protection Clause o…
The Chief Justiceship of Warren Burger, 1969-1986
Journal Article The Chief Justiceship of Warren Burger, 1969–1986. By Earl M. Maltz. (Columbia: University of South Carolina Press, 2000. xviii, 307 pp. $39.95, ISBN 1-57003-335-8.) Get access Howard Ball Howard Ball University of Vermont, Burlington, Vermont Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 88, Issue 2, September 2001, Pages 739–740, https://doi.org/10.2307/2675251 Publi…
The Idea of the Proslavery Constitution
In recent years, the idea that the Constitution of 1787 should be viewed as proslavery has gained increased currency in academic literature. Initially associated with Staughton Lynd and William M. Wiecek, in recent years this position has received strong support from a wide variety of distinguished commentators, including Paul Finkelman, A. Leon Higginbotham, Peter Kolchin, Thurgood Marshall, and James Oakes.' While some significant dissenters re…
Civil Rights, The Constitution, and Congress, 1863-1869
Journal Article Civil Rights, The Constitution, and Congress, 1863–1869 Get access Maltz Earl M., Civil Rights, The Constitution, and Congress, 1863–1869. Lawrence, Kan.: University Press of Kansas, 1990, xiii, 198 pp. $25.00. Thomas C. Mackey Thomas C. Mackey University of Louisville Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 37, Issue 1, January 1993, Pages 95–96, https://d…
Whose Intent and Which Purpose? The Origins of the Fourteenth Amendment
Civil Rights, the Constitution, and Congress, 1863-1869
Slavery, Federalism, and the Structure of the Constitution
Journal Article Slavery, Federalism, and the Structure of the Constitution Get access Earl M. Maltz Earl M. Maltz Professor of Law *Rutgers University (Camden). The author gratefully acknowledges the helpful suggestions of Kathleen Cleaver. (The form of many of the footnotes in this article leaves something to be desired. The author was aware of these shortcomings when he submitted the manuscript to the American Journal of Legal History, but had …
Civil Rights, the Constitution and Congress, 1863-1869
Civil Rights, the Constitution, and Congress, 1863-1869
Journal Article Civil Rights, the Constitution, and Congress, 1863–1869. By Earl M. Maltz. (Lawrence: University Press of Kansas, 1990. xiv + 198 pp. $25.00.) Get access Hans L. Trefousse Hans L. Trefousse Brooklyn College and Graduate School, City University of New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 78, Issue 2, September 1991, Pages 680–681, https://doi.org/10.2307/2…
Lockstep Analysis and the Concept of Federalism
Commentators on state constitutional law have been generally critical of those state courts that follow lockstep analysis. Often these criticisms have relied heavily on the concept of federalism. This reliance is misplaced; lockstep analysis is entirely consistent with basic notions of state autonomy. Instead, it is courts using other approaches that have at times ignored the basic theory of federalism
Fourteenth Amendment Concepts in the Antebellum Era
Much of the literature discussing the original understanding of section one the Fourteenth Amendment takes one of two basic positions. One group of scholars, perhaps best exemplified by William E. Nelson, argues that the language of the equal protection, due process, and privileges and immunities clauses was not understood as distinctively legal concepts, but rather as expressing general political principles. By contrast, another school of though…
The Chief Justiceship of Warren Burger, 1969-1986
Journal Article The Chief Justiceship of Warren Burger, 1969–1986. By Earl M. Maltz. (Columbia: University of South Carolina Press, 2000. xviii, 307 pp. $39.95, ISBN 1-57003-335-8.) Get access Howard Ball Howard Ball University of Vermont, Burlington, Vermont Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 88, Issue 2, September 2001, Pages 739–740, https://doi.org/10.2307/2675251 Publi…
The Idea of the Proslavery Constitution
In recent years, the idea that the Constitution of 1787 should be viewed as proslavery has gained increased currency in academic literature. Initially associated with Staughton Lynd and William M. Wiecek, in recent years this position has received strong support from a wide variety of distinguished commentators, including Paul Finkelman, A. Leon Higginbotham, Peter Kolchin, Thurgood Marshall, and James Oakes.' While some significant dissenters re…
Slavery, Federalism, and the Structure of the Constitution
Journal Article Slavery, Federalism, and the Structure of the Constitution Get access Earl M. Maltz Earl M. Maltz Professor of Law *Rutgers University (Camden). The author gratefully acknowledges the helpful suggestions of Kathleen Cleaver. (The form of many of the footnotes in this article leaves something to be desired. The author was aware of these shortcomings when he submitted the manuscript to the American Journal of Legal History, but had …
Fourteenth Amendment Concepts in the Antebellum Era
Much of the literature discussing the original understanding of section one the Fourteenth Amendment takes one of two basic positions. One group of scholars, perhaps best exemplified by William E. Nelson, argues that the language of the equal protection, due process, and privileges and immunities clauses was not understood as distinctively legal concepts, but rather as expressing general political principles. By contrast, another school of though…
Lockstep Analysis and the Concept of Federalism
Commentators on state constitutional law have been generally critical of those state courts that follow lockstep analysis. Often these criticisms have relied heavily on the concept of federalism. This reliance is misplaced; lockstep analysis is entirely consistent with basic notions of state autonomy. Instead, it is courts using other approaches that have at times ignored the basic theory of federalism
Fourteenth Amendment Concepts in the Antebellum Era
Much of the literature discussing the original understanding of section one the Fourteenth Amendment takes one of two basic positions. One group of scholars, perhaps best exemplified by William E. Nelson, argues that the language of the equal protection, due process, and privileges and immunities clauses was not understood as distinctively legal concepts, but rather as expressing general political principles. By contrast, another school of though…
Civil Rights, the Constitution, and Congress, 1863-1869
Journal Article Civil Rights, the Constitution, and Congress, 1863–1869. By Earl M. Maltz. (Lawrence: University Press of Kansas, 1990. xiv + 198 pp. $25.00.) Get access Hans L. Trefousse Hans L. Trefousse Brooklyn College and Graduate School, City University of New York Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 78, Issue 2, September 1991, Pages 680–681, https://doi.org/10.2307/2…
Whose Intent and Which Purpose? The Origins of the Fourteenth Amendment
Civil Rights, the Constitution, and Congress, 1863-1869
Slavery, Federalism, and the Structure of the Constitution
Journal Article Slavery, Federalism, and the Structure of the Constitution Get access Earl M. Maltz Earl M. Maltz Professor of Law *Rutgers University (Camden). The author gratefully acknowledges the helpful suggestions of Kathleen Cleaver. (The form of many of the footnotes in this article leaves something to be desired. The author was aware of these shortcomings when he submitted the manuscript to the American Journal of Legal History, but had …
Civil Rights, the Constitution and Congress, 1863-1869
Civil Rights, The Constitution, and Congress, 1863-1869
Journal Article Civil Rights, The Constitution, and Congress, 1863–1869 Get access Maltz Earl M., Civil Rights, The Constitution, and Congress, 1863–1869. Lawrence, Kan.: University Press of Kansas, 1990, xiii, 198 pp. $25.00. Thomas C. Mackey Thomas C. Mackey University of Louisville Search for other works by this author on: Oxford Academic Google Scholar American Journal of Legal History, Volume 37, Issue 1, January 1993, Pages 95–96, https://d…
The Idea of the Proslavery Constitution
In recent years, the idea that the Constitution of 1787 should be viewed as proslavery has gained increased currency in academic literature. Initially associated with Staughton Lynd and William M. Wiecek, in recent years this position has received strong support from a wide variety of distinguished commentators, including Paul Finkelman, A. Leon Higginbotham, Peter Kolchin, Thurgood Marshall, and James Oakes.' While some significant dissenters re…
The Chief Justiceship of Warren Burger, 1969-1986
Journal Article The Chief Justiceship of Warren Burger, 1969–1986. By Earl M. Maltz. (Columbia: University of South Carolina Press, 2000. xviii, 307 pp. $39.95, ISBN 1-57003-335-8.) Get access Howard Ball Howard Ball University of Vermont, Burlington, Vermont Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 88, Issue 2, September 2001, Pages 739–740, https://doi.org/10.2307/2675251 Publi…
Brown and Tee-Hit-Ton
The year 2004 witnessed a vast outpouring of scholarship celebrating and analyzing the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.1 The magnitude of this literature reflects the impact of Brown not only on the development of constitutional jurisprudence, but also on the overall pattern of race relations in America. By holding that state mandated segregation in schools violated the Equal Protection Clause o…
The Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment
Dred Scott and the Politics of Slavery
The slave Dred Scott claimed that his residence in a free state transformed him into a free man. His lawsuit took many twists and turns before making its way to the Supreme Court in 1856. But when the Court ruled against him, the ruling sent shock waves through the nation and helped lead to civil war. Writing for the 7-to-2 majority, Chief Justice Roger Taney asserted that blacks were not and never could be citizens. Taney also ruled that the Mis…
American Constitutional Law and Politics (12 works) · Law (11 works) · Political science (11 works) · Law (10 works) · Constitution (7 works) · Sociology (5 works) · American History and Culture (4 works) · Civil rights (4 works) · History (4 works) · Judicial and Constitutional Studies (4 works)