American Law in the Twentieth Century

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Author: Lawrence M. Friedman

Publisher: Yale University Press

ISBN: 0300135025

Category: Law

Page: 736

View: 1148

In this long-awaited successor to his landmark work A History of American Law, Lawrence M. Friedman offers a monumental history of American law in the twentieth century. The first general history of its kind, American Law in the Twentieth Century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? Written by one of our most eminent legal historians, this engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Inside the Castle

Law and the Family in 20th Century America

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Author: Joanna L. Grossman,Lawrence M. Friedman

Publisher: Princeton University Press

ISBN: 9781400839773

Category: Law

Page: 456

View: 7735

Inside the Castle is a comprehensive social history of twentieth-century family law in the United States. Joanna Grossman and Lawrence Friedman show how vast, oceanic changes in society have reshaped and reconstituted the American family. Women and children have gained rights and powers, and novel forms of family life have emerged. The family has more or less dissolved into a collection of independent individuals with their own wants, desires, and goals. Modern family law, as always, reflects the brute social and cultural facts of family life. The story of family law in the twentieth century is complex. This was the century that said goodbye to common-law marriage and breach-of-promise lawsuits. This was the century, too, of the sexual revolution and women's liberation, of gay rights and cohabitation. Marriage lost its powerful monopoly over legitimate sexual behavior. Couples who lived together without marriage now had certain rights. Gay marriage became legal in a handful of jurisdictions. By the end of the century, no state still prohibited same-sex behavior. Children in many states could legally have two mothers or two fathers. No-fault divorce became cheap and easy. And illegitimacy lost most of its social and legal stigma. These changes were not smooth or linear--all met with resistance and provoked a certain amount of backlash. Families took many forms, some of them new and different, and though buffeted by the winds of change, the family persisted as a central institution in society. Inside the Castle tells the story of that institution, exploring the ways in which law tried to penetrate and control this most mysterious realm of personal life.

A History of American Law, Revised Edition

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Author: Lawrence M. Friedman

Publisher: Simon and Schuster

ISBN: 9781451602661

Category: Law

Page: 784

View: 3188

A History of American Law has become a classic for students of law, American history and sociology across the country. In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices and attitudes toward property, slavery, government, crime and justice. Now Professor Friedman has completely revised and enlarged his landmark work, incorporating a great deal of new material. The book contains newly expanded notes, a bibliography and a bibliographical essay.

Living law

the transformation of American jurisprudence in the early 20th century

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Author: David M. Speak

Publisher: Dissertations-G

ISBN: N.A

Category: Law

Page: 327

View: 4087

Conjugal Misconduct

Defying Marriage Law in the Twentieth-Century United States

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Author: William Kuby

Publisher: Cambridge University Press

ISBN: 1108594328

Category: History

Page: N.A

View: 7569

Conjugal Misconduct reveals the hidden history of controversial and legally contested marital arrangements in twentieth-century America. William Kuby examines the experiences of couples in unconventional unions and the legal and cultural backlash generated by a wide array of 'alternative' marriages. These include marriages established through personal advertisements and matchmaking bureaus, marriages that defied state eugenic regulations, hasty marriages between divorced persons, provisional and temporary unions referred to as 'trial marriages', racial intermarriages, and a host of other unions that challenged sexual and marital norms. In illuminating the tensions between those who set marriage policies and those who defied them, Kuby offers a fresh account of marriage's contested history, arguing that although marital nonconformists composed only a small minority of the population, their atypical arrangements nonetheless shifted popular understandings of marriage and consistently refashioned the legal parameters of the institution.

Über Tyrannei

Zwanzig Lektionen für den Widerstand

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Author: Timothy Snyder

Publisher: C.H.Beck

ISBN: 3406711472

Category: Political Science

Page: 127

View: 9260

Wir sind nicht klüger als die Menschen, die erlebt haben, wie überall in Europa die Demokratie unterging und Faschismus, Nationalsozialismus und Kommunismus kamen. Aber einen Vorteil haben wir. Wir können aus ihren Erfahrungen lernen. „Leiste keinen vorauseilenden Gehorsam.“ So lautet die erste von 20 Lektionen für den Widerstand, mit denen Timothy Snyder die Bürger der Vereinigten Staaten von Amerika vorbereitet auf das, was gestern noch unvorstellbar zu sein schien: einen Präsidenten, der das Gesicht der Demokratie verstümmelt und eine rechtsradikale Tyrannei errichtet. Doch nicht nur in den USA sind Populismus und autoritäres Führertum auf dem Vormarsch. Auch in Europa rückt die Gefahr von rechts immer näher – als ob es das 20. Jahrhundert und seine blutigen Lehren niemals gegeben hätte. Snyders historische Lektionen, die international Aufsehen erregt haben, sind ein Leitfaden für alle, die jetzt handeln wollen - und nicht erst, wenn es zu spät ist. Lektion 8: „Setze ein Zeichen.“ Dieses Buch tut es. Tun Sie es auch.

American Law

An Introduction

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Author: Lawrence M. Friedman,Grant M. Hayden

Publisher: Oxford University Press

ISBN: 0190460598

Category:

Page: 384

View: 523

This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society; and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. This new edition follows the same basic structure as applied in the previous editions providing a thorough revision and reworking of the text. This edition reflects upon what has happened in the years since the second edition was published in 1998, and how these events and evolutions have shaped our fundamental comprehension of the workings of the American legal system today.

Law in American History

From Reconstruction Through the 1920s

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Author: G. Edward White

Publisher: Oxford University Press

ISBN: 0199930988

Category:

Page: 672

View: 6207

In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

Law in America

A Short History

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Author: Lawrence M. Friedman

Publisher: Modern Library

ISBN: 1588362507

Category: History

Page: 224

View: 7906

“Law in America is a little gem. It is a peerless introduction to our legal history—concise, clear, tellingly told, and beautifully written. The greatest living historian of American law has done it again.” —Stanley N. Katz, former president of the American Society for Legal History and the Organization of American Historians “All societies have laws, but neither all laws nor all legal systems are alike. No one has thought more deeply or written more clearly about the peculiar role of law in American life than Lawrence Friedman. In this trenchant, illuminating book, he distills a lifetime of scholarship and teaching into a concise and provocative explanation of the role that law has played in shaping the distinctive contours of American history and culture.” —David M. Kennedy, professor of history at Stanford University and author of Freedom from Fear Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Das Kapital im 21. Jahrhundert

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Author: Thomas Piketty

Publisher: C.H.Beck

ISBN: 3406671322

Category: Business & Economics

Page: 816

View: 5353

Wie entstehen die Akkumulation und die Distribution von Kapital? Welche Dynamiken sind dafür maßgeblich? Fragen der langfristigen Evolution von Ungleichheit, der Konzentration von Wohlstand in wenigen Händen und nach den Chancen für ökonomisches Wachstum bilden den Kern der Politischen Ökonomie. Aber befriedigende Antworten darauf gab es bislang kaum, weil aussagekräftige Daten und eine überzeugende Theorie fehlten. In Das Kapital im 21. Jahrhundert analysiert Thomas Piketty ein beeindruckendes Datenmaterial aus 20 Ländern, zurückgehend bis ins 18. Jahrhundert, um auf dieser Basis die entscheidenden ökonomischen und sozialen Abläufe freizulegen. Seine Ergebnisse stellen die Debatte auf eine neue Grundlage und definieren zugleich die Agenda für das künftige Nachdenken über Wohlstand und Ungleichheit. Piketty zeigt uns, dass das ökonomische Wachstum in der Moderne und die Verbreitung des Wissens es uns ermöglicht haben, den Ungleichheiten in jenem apokalyptischen Ausmaß zu entgehen, das Karl Marx prophezeit hatte. Aber wir haben die Strukturen von Kapital und Ungleichheit andererseits nicht so tiefgreifend modifiziert, wie es in den prosperierenden Jahrzehnten nach dem Zweiten Weltkrieg den Anschein hatte. Der wichtigste Treiber der Ungleichheit – nämlich die Tendenz von Kapitalgewinnen, die Wachstumsrate zu übertreffen – droht heute extreme Ungleichheiten hervorzubringen, die am Ende auch den sozialen Frieden gefährden und unsere demokratischen Werte in Frage stellen. Doch ökonomische Trends sind keine Gottesurteile. Politisches Handeln hat gefährliche Ungleichheiten in der Vergangenheit korrigiert, so Piketty, und kann das auch wieder tun.

Architect of Justice

Felix S. Cohen and the Founding of American Legal Pluralism

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Author: Dalia Tsuk Mitchell

Publisher: Cornell University Press

ISBN: 9780801439568

Category: Biography & Autobiography

Page: 368

View: 1557

A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907–1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism—a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.

The Cambridge History of Law in America

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Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803063

Category: History

Page: 869

View: 989

This volume covers American law in the nineteenth century and describes the development of modern legal systems.

American Law and the Constitutional Order

Historical Perspectives

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Author: Lawrence Meir Friedman,Harry N. Scheiber

Publisher: Harvard University Press

ISBN: 9780674025271

Category: History

Page: 581

View: 9936

This is the standard reader in American law and constitutional development. The selections demonstrate that the legal order, once defined by society, helps in molding the various forces of the social life of that society. The essays cover the entire period of the American experience, from the colonies to postindustrial society. Additions to this enlarged edition include essays by Michael Parrish on the Depression and the New Deal; Abram Chayes on the role of the judge in public law litigation; David Vogel on social regulation; Harry N. Scheiber on doctrinal legacies and institutional innovations in the relation between law and the economy; and Lawrence M. Friedman on American legal history.

Richard B. Morris and American History in the Twentieth Century

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Author: Philip Ranlet

Publisher: University Press of America

ISBN: 9780761829171

Category: Biography & Autobiography

Page: 216

View: 6844

Richard B. Morris, an internationally known early American scholar, was a historian at both City College of New York and Columbia University. His dissertation, Studies in the History of American Law, helped establish American legal history as a field. This biography is based primarily upon Morris' extensive papers and the recollections of historians who knew him well.

The Ages of American Law

Second Edition

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Author: Grant Gilmore

Publisher: Yale University Press

ISBN: 030021104X

Category: Law

Page: 248

View: 4878

Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

Law and Competition in Twentieth Century Europe

Protecting Prometheus

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Author: David J. Gerber

Publisher: Oxford University Press

ISBN: 9780198262855

Category: Law

Page: 472

View: 6053

Protecting economic competition has become a major objective of government in Western Europe, and competition law has become a central part of economic and legal experience. National competition laws have long helped shape the relationship between government and the economy, and their influence has grown dramatically during the last decade. Competition law has also played a key role in the process of European integration, and is likely to do so in the future. Yet, despite its importance,images of European experience with competition law often remain vague and are sometimes dangerously distorted. This book examines that experience, analysing the dynamics of European competition law systems, revealing their impacts and assessing the political and economic issues they raise.

The Transformation of American Law, 1870-1960

The Crisis of Legal Orthodoxy

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Author: Morton J. Horwitz

Publisher: Oxford University Press

ISBN: 0190282428

Category: Law

Page: 384

View: 3709

When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.