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« Origin of "zero tolerance" in schools | Main | Bloomberg canonizes himself »

Article on the Dred Scott case

Posted by David Hardy · 15 April 2014 07:04 PM

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.

3 Comments | Leave a comment

Shootin' Buddy | April 16, 2014 12:27 PM | Reply

I remember you discussing this at the St. Louis Annual Meeting. I was riveted then.

I can hardly wait to dig into this after I leave the office and then gym and THEN Dred Scott!

What Shootin' Buddy Said | April 16, 2014 6:00 PM | Reply

Mr. Hardy,

I also recall that you mentioned this was forthcoming. Thank you for sharing it now that the piece is out!

You are an inspiration to the younger fellas who want to be like you.

Peter | April 19, 2014 10:34 AM | Reply

Don't you think there are similarities between Dred Scott and Miller?
Both seem to have used the same tactic.

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