Inventing American Exceptionalism

The Origins of American Adversarial Legal Culture, 1800-1877

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Author: Amalia D. Kessler

Publisher: Yale University Press

ISBN: 0300198078

Category:

Page: 464

View: 2995

A highly engaging account of the developments--not only legal, but also socioeconomic, political, and cultural--that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources--and by recovering neglected influences (including from Europe)--the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

The Origins of Reasonable Doubt

Theological Roots of the Criminal Trial

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Author: James Q. Whitman

Publisher: Yale University Press

ISBN: 9780300116007

Category: History

Page: 276

View: 9836

To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Baseball Meets the Law

A Chronology of Decisions, Statutes and Other Legal Events

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Author: Ed Edmonds,Frank G. Houdek

Publisher: McFarland

ISBN: 1476629064

Category: Sports & Recreation

Page: 336

View: 9593

Baseball and law have intersected since the primordial days. In 1791, a Pittsfield, Massachusetts, ordinance prohibited ball playing near the town’s meeting house. Ball games on Sundays were barred by a Pennsylvania statute in 1794. In 2015, a federal court held that baseball’s exemption from antitrust laws applied to franchise relocations. Another court overturned the conviction of Barry Bonds for obstruction of justice. A third denied a request by rooftop entrepreneurs to enjoin the construction of a massive video screen at Wrigley Field. This exhaustive chronology traces the effects the law has had on the national pastime, both pro and con, on and off the field, from the use of copyright to protect not only equipment but also “Take Me Out to the Ball Game” to frequent litigation between players and owners over contracts and the reserve clause. The stories of lawyers like Kenesaw Mountain Landis and Branch Rickey are entertainingly instructive.

Engines of Truth

Producing Veracity in the Victorian Courtroom

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Author: Wendie Ellen Schneider

Publisher: Yale University Press

ISBN: 0300216556

Category: History

Page: 280

View: 7955

During the Victorian era, new laws allowed more witnesses to testify in court cases. At the same time, an emerging cultural emphasis on truth-telling drove the development of new ways of inhibiting perjury. Strikingly original and drawing on a broad array of archival research, Wendie Schneider’s examination of the Victorian courtroom charts this period of experimentation and how its innovations shaped contemporary trial procedure. Blending legal, social, and colonial history, she shines new light on cross-examination, the most enduring product of this time and the “greatest legal engine ever invented for the discovery of truth.”

The Law of the Whale Hunt

Dispute Resolution, Property Law, and American Whalers, 1780–1880

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Author: Robert Deal

Publisher: Cambridge University Press

ISBN: 1316552837

Category: History

Page: N.A

View: 5644

Whale oil lit the cities and greased the machines of the Industrial Revolution. In light of its importance, competition between whalers was high. Far from courts and law enforcement, competing crews of American whalers not known for their gentility and armed with harpoons tended to resolve disputes at sea over ownership of whales. Left to settle arguments on their own, whalemen created norms and customs to decide ownership of whales pursued by multiple crews. The Law of the Whale Hunt provides an innovative examination of how property law was created in the absence of formal legal institutions regulating the American whaling industry in the eighteenth and nineteenth centuries. Using depositions, court testimony, logbooks, and other previously unused primary sources, Robert Deal tells an exciting story of American whalers hunting in waters from the North Atlantic to the South Pacific and the Sea of Okhotsk.

A Revolution in Commerce

The Parisian Merchant Court and the Rise of Commercial Society in Eighteenth-century France

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Author: Amalia D. Kessler

Publisher: Yale University Press

ISBN: 9780300113976

Category: Business & Economics

Page: 391

View: 2635

This groundbreaking book provides the first comprehensive account of the juridiction consulaire, or Merchant Court, of eighteenth-century Paris. Drawing on extensive archival research, Amalia D. Kessler reconstructs the workings of the court and the commercial law that it applied and uses these to shed new light on questions about the relationship between commerce and modernity that are of deep and abiding interest to lawyers, historians, and social scientists alike. Kessler shows how the merchants who were associated with the court--and not just elite thinkers and royal reformers--played a key role in reconceptualizing commerce as the credit-fueled private exchange necessary to sustain the social order. Deploying this modern conception of commerce in a variety of contexts, ranging from litigation over negotiable instruments to corporatist battles for status and jurisdiction, these merchants contributed (largely inadvertently and to their ultimate regret) to the demise of corporatism as both conceptual framework and institutional practice. In so doing, they helped bring about the social and political revolution of 1789. Highly readable and engaging, A Revolution in Commerce provides important new insights into the rise of commercial modernity by demonstrating the remarkable role played by the law in ideological and institutional transformation.

Rights and Retrenchment

The Counterrevolution against Federal Litigation

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Author: Stephen B. Burbank,Sean Farhang

Publisher: Cambridge University Press

ISBN: 110818409X

Category: Law

Page: N.A

View: 705

This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.

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: 1625

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

Congress's Constitution

Legislative Authority and the Separation of Powers

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Author: Josh Chafetz

Publisher: Yale University Press

ISBN: 0300197101

Category:

Page: 448

View: 9414

A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

According to Our Hearts

Rhinelander v. Rhinelander and the Law of the Multiracial Family

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Author: Angela Onwuachi-Willig

Publisher: Yale University Press

ISBN: 0300166885

Category: Social Science

Page: 224

View: 6762

DIV This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law. /div

The Face That Launched a Thousand Lawsuits

The American Women Who Forged a Right to Privacy

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Author: Jessica Lake

Publisher: Yale University Press

ISBN: 0300214227

Category:

Page: 320

View: 8449

A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.

Civil Justice Reconsidered

Toward a Less Costly, More Accessible Litigation System

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Author: Steven P. Croley

Publisher: NYU Press

ISBN: 1479855006

Category: Law

Page: 304

View: 7130

"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.

Theatre of the Rule of Law

Transnational Legal Intervention in Theory and Practice

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Author: Stephen Humphreys

Publisher: Cambridge University Press

ISBN: 113949533X

Category: Law

Page: N.A

View: 8309

Theatre of the Rule of Law presents a sustained critique of global rule of law promotion - an expansive industry at the heart of international development, post-conflict reconstruction and security policy today. While successful in articulating and disseminating an effective global public policy, rule of law promotion has largely failed in its stated objectives of raising countries out of poverty and taming violent conflict. Furthermore, in its execution, this work deviates sharply from 'the rule of law' as commonly conceived. To explain this, Stephen Humphreys draws on the history of the rule of law as a concept, examples of legal export during colonial times, and a spectrum of contemporary interventions by development agencies and international organisations. Rule of law promotion is shown to be a kind of theatre, the staging of a morality tale about the good life, intended for edification and emulation, but blind to its own internal contradictions.

'Boat Refugees' and Migrants at Sea: A Comprehensive Approach

Integrating Maritime Security with Human Rights

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Author: Violeta Moreno-Lax,Efthymios Papastavridis

Publisher: BRILL

ISBN: 9004300759

Category: Political Science

Page: 484

View: 1302

This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.

The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

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Author: Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki,Mohammad H. Fadel

Publisher: Yale University Press

ISBN: 0300191154

Category:

Page: 352

View: 1680

The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. Al-Qarafi's examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

Wonder and Science

Imagining Worlds in Early Modern Europe

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Author: Mary Blaine Campbell

Publisher: Cornell University Press

ISBN: 1501705059

Category: History

Page: 384

View: 1803

During the early modern period, western Europe was transformed by the proliferation of new worlds—geographic worlds found in the voyages of discovery and conceptual and celestial worlds opened by natural philosophy, or science. The response to incredible overseas encounters and to the profound technological, religious, economic, and intellectual changes occurring in Europe was one of nearly overwhelming wonder, expressed in a rich variety of texts. In the need to manage this wonder, to harness this imaginative overabundance, Mary Baine Campbell finds both the sensational beauty of early scientific works and the beginnings of the divergence of the sciences—particularly geography, astronomy, and anthropology—from the writing of fiction. Campbell's learned and brilliantly perceptive new book analyzes a cross section of texts in which worlds were made and unmade; these texts include cosmographies, colonial reports, works of natural philosophy and natural history, fantastic voyages, exotic fictions, and confessions. Among the authors she discusses are André Thevet, Thomas Hariot, Francis Bacon, Galileo, Margaret Cavendish, and Aphra Behn. Campbell's emphasis is on developments in England and France, but she considers works in languages other than English or French which were well known in the polyglot book culture of the time. With over thirty well-chosen illustrations, Wonder and Science enhances our understanding of the culture of early modern Europe, the history of science, and the development of literary forms, including the novel and ethnography.

For All the People

Uncovering the Hidden History of Cooperation, Cooperative Movements, and Communalism in America

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Author: John Curl

Publisher: PM Press

ISBN: 1604867329

Category: History

Page: 544

View: 4475

Seeking to reclaim a history that has remained largely ignored by historians, this dramatic and stirring account examines each of the definitive American cooperative movements for social change—farmer, union, consumer, and communalist—that have been all but erased from collective memory. With an expansive sweep and breathtaking detail, this scholarly yet eminently readable chronicle follows the American worker from the colonial workshop to the modern mass-assembly line, from the family farm to the corporate hierarchy, ultimately painting a vivid panorama of those who built the United States and those who will shape its future. This second edition contains a new introduction by Ishmael Reed, a new preface by the author that discusses cooperatives in the Great Recession of 2008 and their future in the 21st century, and a new chapter on the role co-ops played in the food revolution of the 1970s.

Dispossessing the Wilderness

Indian Removal and the Making of the National Parks

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Author: Mark David Spence

Publisher: Oxford University Press, USA

ISBN: 9780195142433

Category: History

Page: 190

View: 3429

National parks like Yellowstone, Yosemite, and Glacier preserve some of this country's most cherished wilderness landscapes. While visions of pristine, uninhabited nature led to the creation of these parks, they also inspired policies of Indian removal. By contrasting the native histories of these places with the links between Indian policy developments and preservationist efforts, this work examines the complex origins of the national parks and the troubling consequences of the American wilderness ideal. The first study to place national park history within the context of the early reservation era, it details the ways that national parks developed into one of the most important arenas of contention between native peoples and non-Indians in the twentieth century.

Memory in Mind and Culture

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Author: Pascal Boyer,James V. Wertsch

Publisher: Cambridge University Press

ISBN: 052176078X

Category: Psychology

Page: 323

View: 4036

This text introduces students, scholars, and interested educated readers to the issues of human memory broadly considered, encompassing both individual memory, collective remembering by societies, and the construction of history. The book is organised around several major questions: How do memories construct our past? How do we build shared collective memories? How does memory shape history? This volume presents a special perspective, emphasising the role of memory processes in the construction of self-identity, of shared cultural norms and concepts, and of historical awareness. Although the results are fairly new and the techniques suitably modern, the vision itself is of course related to the work of such precursors as Frederic Bartlett and Aleksandr Luria, who in very different ways represent the starting point of a serious psychology of human culture.

Representing Justice

Invention, Controversy, and Rights in City-states and Democratic Courtrooms

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Author: Judith Resnik,Dennis Edward Curtis

Publisher: Yale University Press

ISBN: 0300110960

Category: History

Page: 668

View: 882

By mapping the remarkable run of the icon of Justice, a woman with scales and sword, and by tracing the development of public spaces dedicated to justice—courthouses—the authors explore the evolution of adjudication into its modern form as well as the intimate relationship between the courts and democracy. The authors analyze how Renaissance “rites” of judgment turned into democratic “rights,” requiring governments to respect judicial independence, provide open and public hearings, and accord access and dignity to “every person.” With over 220 images, readers can see both the longevity of aspirations for justice and the transformation of courts, as well as understand that, while venerable, courts are also vulnerable institutions that should not be taken for granted.