Article on the Dred Scott case
My article on the Dred Scott case is out at Northern Kentucky Law Review. It was a set-up, I tell you! And the greatest legal example of the law of unintended consequences. CJ Taney meant to insulate slavery in every way possible (Federal courts have no jurisdiction over allegedly free blacks, Congress cannot limit slavery in the territories, and territorial legislatures cannot, either), and instead his ruling made Lincoln president, and led directly to the 13th, 14th, and 15th Amendments.