American Legal History

Cases and Materials

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Author: Kermit L. Hall,Paul Finkelman,James W. Ely

Publisher: Oxford University Press, USA

ISBN: 9780190253264

Category: Law

Page: 768

View: 2368

This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fifth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fifth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.

American Legal History: A Very Short Introduction

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Author: G. Edward White

Publisher: Oxford University Press

ISBN: 0199766002

Category: Law

Page: 149

View: 7834

A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.

Transformations in American Legal History

Essays in Honor of Professor Morton J. Horwitz

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Author: Daniel W. Hamilton,Alfred L. Brophy

Publisher: Harvard University Press

ISBN: N.A

Category: History

Page: 407

View: 1628

During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780âe"1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870âe"1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our countryâe(tm)s crises. In this book, Horwitzâe(tm)s students re-examine legal history from Americaâe(tm)s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

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: 6229

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.

Law's History

American Legal Thought and the Transatlantic Turn to History

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Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 0521761913

Category: History

Page: 564

View: 7922

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

The Constitution of Empire

Territorial Expansion and American Legal History

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Author: Gary Lawson,Guy Seidman

Publisher: Yale University Press

ISBN: 9780300128963

Category: Law

Page: 288

View: 4101

The Constitution of Empire offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution’s design for territorial acquisition and governance and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America’s territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican-American and Spanish-American Wars—resulted from treaties, the authors elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. They find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and they explore the often-strange paths that constitutional law has traveled to permit such deviations from the Constitution’s original meaning.

Making Legal History

Approaches and Methodologies

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Author: Anthony Musson,Chantal Stebbings

Publisher: Cambridge University Press

ISBN: 1139505238

Category: Law

Page: N.A

View: 2147

Drawing together leading legal historians from a range of jurisdictions and cultures, this collection of essays addresses the fundamental methodological underpinning of legal history research. Via a broad chronological span and a wide range of topics, the contributors explore the approaches, methods and sources that together form the basis of their research and shed light on the complexities of researching into the history of the law. By exploring the challenges posed by visual, unwritten and quasi-legal sources, the difficulties posed by traditional archival material and the novelty of exploring the development of legal culture and comparative perspectives, the book reveals the richness and dynamism of legal history research.

A Companion to American Legal History

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Author: Sally E. Hadden,Alfred L. Brophy

Publisher: John Wiley & Sons

ISBN: 1118533763

Category: History

Page: 600

View: 2444

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

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: 920

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.

Vagrant Nation

Police Power, Constitutional Change, and the Making of the 1960s

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Author: Risa Goluboff

Publisher: Oxford University Press

ISBN: 0199768447

Category: Vagrancy

Page: 480

View: 3008

"In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--

The Literature of American Legal History

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Author: William E. Nelson, JR.,John Phillip Reid

Publisher: Beard Books

ISBN: 1587982803

Category: Law

Page: 372

View: 1466

Republishes articles by two senior legal historians. Besides summarizing what has now become classical literature in the field, it offers illuminating insight into what it means to be a professional legal historian.

The Thirteenth Amendment and American Freedom

A Legal History

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Author: Alexander Tsesis

Publisher: NYU Press

ISBN: 9780814782767

Category: History

Page: 229

View: 4862

Although the United States has always been a nation of immigrants, the recent demographic shifts resulting in burgeoning young Latino and Asian populations have literally changed the face of the nation. This wave of massive immigration has led to a nationwide struggle with the need to become bicultural, a difficult and sometimes painful process of navigating between ethnic cultures. While some Latino adolescents become alienated and turn to antisocial behavior and substance use, others go on to excel in school, have successful careers, and build healthy families. Drawing on both quantitative and qualitative data ranging from surveys to extensive interviews with immigrant families, Becoming Bicultural explores the individual psychology, family dynamics, and societal messages behind bicultural development and sheds light on the factors that lead to positive or negative consequences for immigrant youth. Paul R. Smokowski and Martica Bacallao illuminate how immigrant families, and American communities in general, become bicultural and use their bicultural skills to succeed in their new surroundings The volume concludes by offering a model for intervention with immigrant teens and their families which enhances their bicultural skills.

Latin American Law

A History of Private Law and Institutions in Spanish America

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Author: M. C. Mirow

Publisher: University of Texas Press

ISBN: 9780292702325

Category: Law

Page: 343

View: 2749

"M.C. Mirow has set himself a difficult task, to contribute a one-volume introduction to Latin American law in English, and he has succeeded admirably." —Law and History Review "The impressive scope of this book makes it a major contribution to Latin American legal history. . . . This is an excellent starting place for anyone interested in the legal history of the region, and it is essential reading for those seeking to understand the roots of contemporary Latin American politics and society." —Lauren Benton, New York University, author of Law and Colonial Cultures: Legal Regimes in World History, 1400-1900 Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.

Law and the Modern Mind

Consciousness and Responsibility in American Legal Culture

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Author: Susanna L. Blumenthal

Publisher: Harvard University Press

ISBN: 0674495535

Category: Law

Page: N.A

View: 6241

Headline-grabbing murders are not the only cases in which sanity has been disputed in the American courtroom. Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.

History of the Common Law

The Development of Anglo-American Legal Institutions

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Author: John H. Langbein,Renée Lettow Lerner,Bruce P. Smith

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 1141

View: 2185

This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States. History of the Common Law offers: dynamic teaching materials that include primary sources, scholarship, summaries, notes, and questions judiciously selected and edited sources over 250 illustrations--many in full color "Living Law "units that connect legal-historical developments to modern law an illustrated timeline that highlights key dates a comprehensive Teacher's Manual, with suggestions for using the book in a two- or three-credit course Vivid writing, engaging source materials, and lavish illustrations breathe life into nearly 1,000 years of Anglo-American legal history. Concise summaries, manageable extracts, clear organization, and a detailed Teacher's Manual consistently support your teaching. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected]

Common Law, History, and Democracy in America, 1790–1900

Legal Thought before Modernism

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Author: Kunal M. Parker

Publisher: Cambridge University Press

ISBN: 1139496360

Category: History

Page: N.A

View: 3803

This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.

American Property

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Author: Stuart Banner

Publisher: Harvard University Press

ISBN: 0674060822

Category: Law

Page: 375

View: 5958

What is property? Stuart Banner here offers a guided tour through the many manifestations, and innumerable uses, of property throughout American history. From indigenous culture to our genes, from one’s celebrity to Internet content, American Property reveals how our ideas of ownership evolve to suit our ever-changing needs.

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: 7606

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.

Thomas Jefferson, Legal History, and the Art of Recollection

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Author: Matthew Crow

Publisher: Cambridge University Press

ISBN: 1107161932

Category: History

Page: 297

View: 8072

Through his discussion of Thomas Jefferson, historian Matthew Crow offers a new perspective on constitutional transformation in early American history.