William & Mary Bill of Rights Journal
Abstract
The sudden relevance of a formerly little-known historic case is surely not new; much of legal history is necessarily about discovery and rediscovery of the past. Still, I think the clarity with which we can outline the development of the Griffin’s Case phenomenon offers an opportunity to think carefully about the role of history in constitutional conversation. What follows, then, is a short exploration of the case’s recent (re)entry into our historical consciousness. Tracing this phenomenon highlights (at least for me) some potential difficulties embedded in the interaction between legal advocacy and what we know about the past.
This abstract has been taken from the author's introduction.
Repository Citation
Rachel A. Shelden, The Griffin's Case Phenomenon and the Problem of Historical Knowledge in Legal Arguments, 33 Wm. & Mary Bill Rts. J. 397 (2024), https://scholarship.law.wm.edu/wmborj/vol33/iss2/5Included in
Constitutional Law Commons, Legal History Commons, Supreme Court of the United States Commons
