The Magic Mirror

Law in American History

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Author: Kermit Hall,Peter Karsten

Publisher: Oxford University Press, USA

ISBN: 9780195081800

Category: History

Page: 465

View: 2646

Now in a new edition with extensive updates by Peter Karsten, The Magic Mirror chronicles American law from its English origins to the present. It offers comprehensive treatment of twentieth-century developments and sets American law and legal institutions in the broad context of social, economic, and political events, weaving together themes from the history of both constitutional and private law. This edition of The Magic Mirror features additional coverage of resistance to law throughU.S. history, the customary law of self-governing bodies, and Native Americans. It also has updated coverage for law in society, the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, the development of American federalism, and the rise of the legal profession. The Magic Mirror pays close attentionto the evolution of substantive law categories - such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure - and addresses the intellectual evolution of American law, surveying movements such as legal realism and critical legal studies. The authors conclude that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social and economic conflicts that first provoke demands for legal change.

Law in American History

Volume 1: From the Colonial Years Through the Civil War

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Author: G. Edward White

Publisher: Oxford University Press

ISBN: 0195102479

Category: History

Page: 565

View: 7210

G. Edward White, a leading legal historian, presents Law in American History, a two-volume, comprehensive narrative history of American law from the colonial period to the present. In this first volume, White explores the key turning points in roughly the first half of the American legal system, from the development of order in the colonies, to the signing of the Constitution, to the dissolution of the Union just before the Civil War. Thought-provoking and artfully written, Law in American History, Vol. 1 is an essential text for both students of law and general readers alike.

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: 4320

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 Law in the 20th Century

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Author: Lawrence Meir Friedman

Publisher: Yale University Press

ISBN: 0300102992

Category: History

Page: 722

View: 1899

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? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Liberty of Contract

Rediscovering a Lost Constitutional Right

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Author: David N. Mayer

Publisher: Cato Institute

ISBN: 1935308408

Category: Law

Page: 165

View: 4579

Examines the history of the liberty of contract and shows how this right has been continuously diminished by court decisions and by our country's growing regulatory and welfare state.

Liberty under law

the Supreme Court in American life

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Author: William M. Wiecek

Publisher: N.A

ISBN: N.A

Category: History

Page: 226

View: 7206

Liberty under Law is a concise and readable history of the U.S. Supreme Court, from its antecedents in colonial and British legal tradition to the present.

Brandeis on Zionism

A Collection of Addresses and Statements

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Author: Louis Dembitz Brandeis

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1886363609

Category: Law

Page: 156

View: 8626

[Brandeis, Louis D.]. Brandeis on Zionism: A Collection of Addresses and Statements by Louis D. Brandeis With a Foreword by Mr. Justice Felix Frankfurter. Washington, D.C.: Zionist Organization of America, [1942]. viii, 156 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-49331. ISBN 1-886363-60-9. Cloth. $65. * A collection of thirty-two of Brandeis' addresses and statements convey the evolution of his views regarding Zionism. Brandeis [1856-1941], a Boston lawyer known for his liberal stand on issues of social justice, was the first Jew to serve on the Supreme Court (1916-1939). The collection includes "True Americanism," "A Call to the Educated Jew," and "Democracy Means Responsibility." In his Foreword Frankfurter calls Brandeis "the moral symbol of Zionism throughout the world."

At America's Gates

Chinese Immigration during the Exclusion Era, 1882-1943

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Author: Erika Lee

Publisher: Univ of North Carolina Press

ISBN: 9780807863138

Category: Law

Page: 352

View: 1327

With the Chinese Exclusion Act of 1882, Chinese laborers became the first group in American history to be excluded from the United States on the basis of their race and class. This landmark law changed the course of U.S. immigration history, but we know little about its consequences for the Chinese in America or for the United States as a nation of immigrants. At America's Gates is the first book devoted entirely to both Chinese immigrants and the American immigration officials who sought to keep them out. Erika Lee explores how Chinese exclusion laws not only transformed Chinese American lives, immigration patterns, identities, and families but also recast the United States into a "gatekeeping nation." Immigrant identification, border enforcement, surveillance, and deportation policies were extended far beyond any controls that had existed in the United States before. Drawing on a rich trove of historical sources--including recently released immigration records, oral histories, interviews, and letters--Lee brings alive the forgotten journeys, secrets, hardships, and triumphs of Chinese immigrants. Her timely book exposes the legacy of Chinese exclusion in current American immigration control and race relations.

That the Blood Stay Pure

African Americans, Native Americans, and the Predicament of Race and Identity in Virginia

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Author: Arica L. Coleman

Publisher: Indiana University Press

ISBN: 0253010500

Category: History

Page: 328

View: 7159

That the Blood Stay Pure traces the history and legacy of the commonwealth of Virginia’s effort to maintain racial purity and its impact on the relations between African Americans and Native Americans. Arica L. Coleman tells the story of Virginia’s racial purity campaign from the perspective of those who were disavowed or expelled from tribal communities due to their affiliation with people of African descent or because their physical attributes linked them to those of African ancestry. Coleman also explores the social consequences of the racial purity ethos for tribal communities that have refused to define Indian identity based on a denial of blackness. This rich interdisciplinary history, which includes contemporary case studies, addresses a neglected aspect of America’s long struggle with race and identity.

The Long, Lingering Shadow

Slavery, Race, and Law in the American Hemisphere

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Author: Robert J. Cottrol

Publisher: University of Georgia Press

ISBN: 0820344052

Category: Law

Page: 370

View: 2391

Students of American history know of the law's critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system's legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination--a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.

Paschal Beverly Randolph

A Nineteenth-Century Black American Spiritualist, Rosicrucian, and Sex Magician

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Author: John Patrick Deveney

Publisher: SUNY Press

ISBN: 1438401043

Category: Religion

Page: 607

View: 2049

This is the fascinating story of Paschal Beverly Randolph, an African American who carved his own eccentric path in the mid-nineteenth century from the slums of New York’s Five Points to the courts of Europe, where he performed as a spiritualist trance medium. Although self-educated, he became one of the first Black American novelists and took a leading part in raising Black soldiers for the Union army and in educating Freedmen in Louisiana during the Civil War. His enduring claim to fame, however, is the crucial role he played in the transformation of spiritualism, a medium’s passive reception of messages from the spirits of the dead, into occultism, the active search for personal spiritual realization and inner vision. From his experiences in his solitary travels in England, France, Egypt and the Turkish Empire in the 1850s and 1860s, he brought back to America a system of occult beliefs and practices (the magic mirror, hashish use and sexual magic) that worked a revolution. The systems of magic he taught left their traces on many subsequent occultists, including Madame Blavatsky and her Theosophical Society, and are still practiced today by several occult organizations in Europe and American that carry on his work. This is the fist scholarly work on Randolph and includes the full text of his two most important manuscript works on sexual magic.

The American State Constitutional Tradition

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Author: John J. Dinan

Publisher: N.A

ISBN: N.A

Category: History

Page: 430

View: 5649

The first comprehensive study of all 114 state constitutional conventions for which there are records--from Connecticut's in 1818 to New Hampshire's in 1984. By integrating state constitution-makers with the federal constitutional tradition, this path-breaking work yields a superior understanding of how American citizens have chosen to govern themselves.

Major Problems in American Constitutional History

Documents and Essays

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Author: Kermit Hall,Timothy S. Huebner

Publisher: Wadsworth Publishing Company

ISBN: 9780618543335

Category: History

Page: 580

View: 2832

Designed to encourage critical thinking about history, the Major Problems series introduces students to both primary sources and analytical essays on important topics in US history.This collection, designed to be the primary anthology for the introductory survey course, covers the entire chronological span of Constitutional history.Tracing the historical development of American constitutional thought, the Second Edition of this anthology presents the documents critical to constitutional development, including actual legal texts as well as the reactions of prominent legal minds.

The Blessings of Liberty

A Concise History of the Constitution of the United States

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Author: Michael Les Benedict

Publisher: Rowman & Littlefield

ISBN: 1442259930

Category: History

Page: 574

View: 6945

This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.

Affirmative action on trial

sex discrimination in Johnson v. Santa Clara

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Author: Melvin I. Urofsky

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 201

View: 3768

Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of "reverse discrimination" suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force.Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring.Melvin Urofsky proves an exemplary guide through the complexities of this case, as he takes us from the workplace through the various levels of our federal court system. Balancing case details with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but were both ultimately caught tip in legal and social issues that reached well beyond their ownlives.Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. While it's hard to determine the likely future of aff

Three Magic Words

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Author: Uell S. Andersen

Publisher: Lulu Press, Inc

ISBN: 1312005475

Category: Self-Help

Page: N.A

View: 4006

As author Uell Stanley Andersen (1917- 1986) will show you in the pages of Three Magic Words, you will learn of the unlimited power that is yours, in you. You will learn how you can turn this power to work for you, here on earth, to make your life majestic and overflowing with good. Three Magic Words is not a religion or a sect or a society. In its entirety it is a series of essays aimed at revealing to you your power over all things. You will learn that there is only one mover in all creation and that mover is thought. You will learn that there is only one creator and that creator is the Universal Subconscious Mind, or God. You will learn that this creator creates for you exactly what you think, and you will be shown how you can control your thoughts, not only to obtain answers to your problems but to create in your experience exactly what you desire.

New York Times V. Sullivan

Civil Rights, Libel Law, and the Free Press

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Author: Kermit L. Hall,Melvin I. Urofsky

Publisher: Landmark Law Cases & American

ISBN: 9780700618033

Category: Language Arts & Disciplines

Page: 222

View: 4412

Two forefront legal historians examine a classic case from the turbulent civil rights era to trace how the New York Times won a key Supreme Court appeal against an Alabama defamation suit, a victory that established important precedents in the areas of free press while significantly advancing civil rights for African-Americans in the Deep South. Simultaneous.

Critical Race Theory

The Cutting Edge

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Author: Richard Delgado,Jean Stefancic

Publisher: Temple University Press

ISBN: 9781566397148

Category: Social Science

Page: 681

View: 8517

In this wide-ranging second edition, Richard Delgado and Jean Stefancic bring together the finest, most illustrative, and highly accessible articles in the fast-growing legal genre of Critical Race Theory. In challenging orthodoxy, questioning the premises of liberalism, and debating sacred wisdoms, Critical Race Theory scholars writing over the past few years have indelibly changed the way America looks at race. This edition contains treatment of all the topics covered in the first edition, along with provocative and probing questions for discussion and detailed suggestions for additional reading, all of which set this fine volume apart from the field. In addition, this edition contains five new substantive units -- crime, critical race practice, intergroup tensions and alliances, gay/lesbian issues, and transcending the black-white binary paradigm of race. In each of these areas, groundbreaking scholarship by the movement's founding figures as well as the brightest new stars provides immediate entre to current trends and developments in critical civil rights thought.

The Cambridge History of Law in America

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Author: Michael Grossberg,Christopher Tomlins

Publisher: Cambridge University Press

ISBN: 0521803055

Category: History

Page: 739

View: 4633

This volume covers American law from the earliest settlement and colonization of North America.