Legal history Books

Book SynopsisThe controversial 1991 War Crimes Act gave new powers to courts to try non-British citizens resident in the UK for war crimes committed during WWII. But in spite of the extensive investigative and legal work that followed, and the expense of some 11 million, it led to just one conviction: that in 1999 of Anthony (Andrzej) Sawoniuk. Drawing on previously unavailable archival documents, transcripts of interviews with suspects, and disclosures by senior lawyers and policer offers in the War Crimes Units (WCUs), in parallel with the history of bungled investigations in the 1940s, Safe Haven considers for the first time why and how convictions failed to follow investigations. Within the broader context of war crimes investigations in the United States, Germany, and Australia, the authors reassess the legal and investigative processes and decisions that stymied inquiries, from the War Crimes Act itself to the restrictive criteria applied to it. Taken together, the authors argue that these --Trade ReviewThe authors draw upon extensive research and present their arguments forensically. The book is not only of historical interest, but also offers valuable insights for those seeking justice for later atrocities, of which there have been and continue to be depressingly many. * James Wilson, The Law Society Gazette *

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Book SynopsisTrade ReviewChapman and McConnell take the reader on an illuminating journey through British and early American establishments, relevant developments in the nineteenth century, and eight decades of modern Establishment Clause interpretation. Building on a well-articulated view of the clause's animating values, they argue that a jurisprudence rooted in history will yield greater religious liberty and pluralism. Agreeing to Disagree enters the constitutional discourse at an especially critical time now that the Supreme Court has moved into the uncharted interpretive territory of 'historical practices and understandings.' * Angela C. Carmella, Professor of Law, Seton Hall University School of Law *Chapman and McConnell provide a clear-eyed and carefully crafted defense for the first freedom stated in the Bill of Rights. Their discussion of religious accommodations is essential reading, as it can help lower the temperature and advance the political pluralism to which the nation is committed. * Abner S. Greene, author of Against Obligation: The Multiple Sources of Authority in a Liberal Democracy *Chapman and McConnell draw on decades of their scholarly analysis and litigation experience to offer the broader public a concise and jargon-free guide to the First Amendment's religion clauses. This elegant book makes a persuasive case that we cannot interpret the Constitution's non-establishment directive without a deep historical appreciation for the type of established church the Founding generations feared. The resulting principles call for an approach grounded in pluralism rather than secularism and offer a framework for the many law and religion controversies that will almost certainly come before the Supreme Court. * Chaim Saiman, Professor of Law, Villanova University Charles Widger School of Law *The First Amendment prohibition on religious establishments was one of America's most original contributions to Western constitutionalism. But it has become deeply controversial in recent Supreme Court cases and culture wars. In Agreeing to Disagree, two of the nation's leading scholars of religious liberty call for a return to the American founders' cardinal insight that liberty, justice, and civic peace are best served when government remains neutral toward religion and avoids coercing or inducing any religious beliefs or practices. Judges, scholars, and interested citizens alike will find much to savor in this bracing and brilliant text. * John Witte, Jr., co-author of Religion and the American Constitutional Experiment *Outstanding new book. * Law and Liberty *The Kennedy Court's rejection of secularist suppression was the perfect moment for the justices to substitute this norm for its ahistorical secularist mandates. Sometimes, the antidote to bad doctrine is better doctrine, not no doctrine at all. But the Court has unfortunately chosen to proceed by dead historical reckoning. There is no better compass for that journey than Agreeing to Disagree. * Gerard Bradley, Public Discourse *Table of ContentsIntroduction Part I: History 1. Establishment at the Founding 2. Framing the First Amendment 3. Disestablishment in the States 4. Application of the Establishment Clause to the States Part II: Modern Controversies 5. The Rise and Fall of the lemon Test 6. Accommodation of Religious Exercise 7. No-Aid Separation, Neutrality, and Religious Schools 8. Prayer, Bible Reading, and Coercion 9. Conflicts Over Symbols 10. Church Autonomy 11. Conclusion: Neutrality Beyond the Establishment Clause

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Trade ReviewMichael J. Klarman's monumental book * undertaking a sweeping exploration of the causes and consequences of all of the Supreme Court's race decisions from Plessy v. Ferguson to Brown vs. Board of Educationis likely to become the definitive study of the Supreme Court and race in the first half of the twentieth century. As a narrative history of the Court's actions on the broad array of constitutional issues relevant to racial equalityfrom criminal procedure to voting rights to desegregationthe book is an invaluable resource.Reviews in American History *Klarman's scholarly text is unique in that it encompasses not only the decision itself, but also the events before and after. * Elaine Cassel, author of The War on Civil Liberties *Of all of the many books published recently on the occasion of Brown's fiftieth anniversary, the most ambitious is Michael J. Klarman's comprehensive history of federal race-relations law from the late nineteenth century until the early 1960s...Klarman's study is a major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence. * Randall Kennedy, The New Republic *Magisterial... * The New York Review of Books *A highly accessible analysis of the interplay between the Supreme Court and U.S. race relations. * Booklist *This luminous study explores the relationship between the Supreme Court and the quest for racial justice.... a sweeping, erudite, and powerfully argued book that, despite its heft, is unfailingly interesting. * Wilson Quarterly *Michael Klarman's authoritative account of constitutional law concerning race * from the late 19th century through the 1960sis brilliant, both as legal interpretation and as social and political history. While the book deals with a wide range of racially charged issuescriminal procedure, peonage, transportation, residential segregation, and voting rightsit focuses with especially keen insights on the Brown v. Board of Education case of 1954. From Jim Crow to Civil Rights is a magisterial accomplishment.James T. Patterson, Bancroft Prize-winning author of Grand Expectations: The United States, 1945-1974 (Oxford, 1996) *Michael Klarman's exhaustively researched study is essential reading for anyone interested in civil rights, the Supreme Court, and constitutional law. Accessible to ordinary readers, students, and scholars, Klarman's book presents a challenging argument that places the Supreme Court's civil rights decisions in their social and political context, and deflates overstated claims for the importance of the Supreme Court's work while identifying carefully the precise contributions the Court made to race relations policy from 1896 through the 1960s. * Mark Tushnet, author of Taking the Constitution Away from the Courts *Pulling together a decade of truly magnificent scholarship, this extraordinary book bids fair to be the definitive legal history of perhaps the most important legal issue of the twentieth century. There is no one from whom I have learned more * and whom I enjoy reading morethan Michael Klarman. This is legal history at its best, and on a panoramic canvas.Akhil Reed Amar, author of The Bill of Rights: Creation and Reconstruction *From Jim Crow to Civil Rights is a bold, carefully crafted, deeply researched, forcefully argued, lucidly written history of law and legal-change strategies in the civil rights movement from the 1880s to the 1960s, and a brilliant case study in the power and limits of law as a motor of social change. Among the hundreds of recent books on the history of civil rights and race relations, Klarman's is one of the most original, provocative, and illuminating, with fresh evidence and fresh insights on practically every page. * Robert W. Gordon, Chancellor Kent Professor of Law and Legal History, Yale University *Michael J. Klarman has written an exhaustive * and according to many reviewers a definitiveaccount of the United States Supreme Court's twentieth-century jurisprudence of race.Law and History Review *Table of ContentsINTRODUCTION; CONCLUSION; NOTES; BIBLIOGRAPHY; INDEX

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Book SynopsisThe U.S. corporate income tax - and in particular the double taxation of corporate income - has long been one of the most criticized and stubbornly persistent aspects of the federal revenue system. Unlike in most other industrialized countries, corporate income is taxed twice, first at the entity level and again at the shareholder level when distributed as a dividend. The conventional wisdom has been that this double taxation was part of the system''s original design over a century ago and has survived despite withering opposition from business interests. In both cases, history tells another tale. Double taxation as we know it today did not appear until several decades after the corporate income tax was first adopted. Moreover, it was embraced by corporate representatives at the outset and in subsequent years businesses have been far more ambivalent about its existence than is popularly assumed. From Sword to Shield: The Transformation of the Corporate Income Tax, 1861 to Present is the first historical account of the evolution of the corporate income tax in America. Professor Steven A. Bank explains the origins of corporate income tax and the political, economic, and social forces that transformed it from a sword against evasion of the individual income tax to a shield against government and shareholder interference with the management of corporate funds.Trade Review"From Sword to Shield is a fascinating read on several levels...Which is to say, if you have any interest in tax, you need to read this book. And even if you don't have any interest in tax, if you are interested in the legislative process or in economic history (or even on the impact of war on fiscal policy), this book is for you." --Samuel D. Brunson, Assistant Professor of Law, Loyola University Chicago School of Law Concurring OpinionsTable of ContentsIntroduction ; Chapter 1: The Roots of a Corporate Tax ; Chapter 2: From Industry Taxes to Corporate Taxes ; Chapter 3: Corporate Tax at the Turn-of-the-Century ; Chapter 4: The Rise of the Separate Corporate Tax ; Chapter 5: Nonrecognition and the Corporate Tax Shield ; Chapter 6: The Origins of Double Taxation ; Chapter 7: The Lost Moment in Corporate Tax Reform ; Chapter 8: The Present and Future of Corporate Income Taxation

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Book SynopsisThe most important aspect of The Lost History of the Ninth Amendment is its presentation of newly uncovered historical evidence which calls into question the currently presumed meaning and application of the Ninth Amendment. The evidence not only challenges the traditional view regarding the original meaning of the Ninth Amendment, it also falsifies the common assumption that the Amendment lay dormant prior to the Supreme Court''s discovery of the clause in Griswold v. Connecticut. As a history of the Ninth Amendment, the book recapitulates the history of federalism in America and the idea that local self-government is a right retained by the people. This issue has particular contemporary salience as the Supreme Court considers whether states have the right to authorize medicinal use of marijuana, refuse to assist the enforcement of national laws like the Patriot Act, or regulate physician-assisted suicide. The meaning of the Ninth Amendment has played a key role in past Senate confirTrade Review"Kurt Lash has made a major contribution to the historical debate over the meaning of the Ninth Amendment. Everyone interested in this crucial and ongoing debate should read this book." --Michael Kent Curtis, Wake Forest School of Law "Kurt Lash's book explores the unexamined and overlooked dimensions to how the Ninth Amendment found its way into the Federal Constitution and, arguably, had a 'life' long before its 'discovery' by the modern Supreme Court in the 1960's. He also recognizes the collective aspect of rights, which is frequently overlooked in the traditional focus of individual rights. The argument hinging on the interpretation and understanding of the Constitution alone is quite complicated, but Professor Lash presents a clear argument with solid research that helps stimulates a re-thinking of the conventional treatment of the Ninth Amendment." --Christian G. Fritz, University of New Mexico School of Law "The Lost History of the Ninth Amendment is magnificent. The Ninth is at the center of important debates about constitutional method and substance. Lash's work on this enigmatic provision has already provoked an explosion of new scholarship - for good reasons. Lash has done something rare and extraordinary - uncovering genuinely new historical evidence about the origins and early interpretation of the Ninth. Lash also has a powerful and original theory of the Ninth's purpose - emphasizing the political powers of 'We the People' and rediscovering the amendment as a lynchpin of popular sovereignty. Lash's book will be debated for years to come." --Lawrence Solum, University of Illinois College of LawTable of ContentsAcknowledgements ; Prologue: Bad Luck ; Chapter I: The Enigmatic Amendment ; Griswold and Justice Goldberg ; Avoiding Lochner ; The Modern Restoration of Unenumerated Rights ; The Conundrums of the Consensus View ; Chapter II: The Origins of the Ninth Amendment ; Introduction: James Madison and His Speech on the Bank of the United States ; The Traditional Account of the Ninth ; The Need to Control the Interpretation of Federal Power ; The Declarations and Proposals of the State Ratifying Conventions ; Madison's Original Draft of the Ninth Amendment ; The Altered Final Language of the Ninth Amendment ; The People's Retained Rights ; Chapter III: Ratifying the Ninth Amendment ; Roger Sherman's Draft Bill of Rights ; Reaction to the Final Draft: The Virginia Debates ; The Concerns of Edmund Randolph ; The Letters of Hardin Burnley and James Madison ; The Virginia Senate Report ; Explaining the Ninth Amendment: Madison's Speech on the Bank of the United States ; The Significance of Madison's Speech ; Chapter IV: The Retained Rights of the People: The Ninth Amendment in Its First Decade ; Introduction: John Page's Battle Against the Alien and Sedition Acts ; The Twin Guardians of Federalism-The Ninth and Tenth Amendments ; St. George Tucker's View of the Constitution ; The Rule of Strict Construction ; Popular Sovereignty and the Ninth Amendment ; Natural Rights and the Original Ninth Amendment: Samuel Chase & Calder v. Bull ; The Alien and Sedition Acts ; The Federalist Party and National Power ; The Ninth Amendment and the Preservation of Individual Liberty: John Page's Remonstrance ; The Rise of the Tenth Amendment ; The Virginia and Kentucky Resolutions ; Madison's Celebrated Report ; The Revolution of 1800 and the Rise of the Tenth Amendment ; Chapter V: Chief Justice John Marshall and the Ninth Amendment ; Introduction: Thomas Emmet's Argument in Gibbons v. Ogden ; Exclusive vs. Concurrent Federal Power ; Defining the Concurrent Powers of the States ; The Lost Opinion in Houston v. Moore ; The Marshall Court and National Power ; Marshall's Nationalism: McCulloch v. Maryland and Gibbons v. Ogden ; The Supreme Court Under Fire ; Defending John Marshall: Story's Commentaries ; Marshall's Retirement and the Return of Strict Construction ; The Bad Luck of Losing John Marshall ; Chapter VI: Guilt by Association: The Ninth Amendment, Slavery, and the Impact of the Fourteenth Amendment ; Introduction: The Secession Speech of Judah P. Benjamin ; The Ninth Amendment and the Antebellum Concept of Liberty ; Slavery and the Ninth Amendment ; The Fourteenth Amendment and the Issue of Incorporation ; The Silence of the Abolitionists ; States' Rights and Abolition ; The Legal Tender Cases ; The Slaughterhouse Cases: Preserving the Rule of Construction ; Hans v. Louisiana: The Ninth and Eleventh Amendments ; Reconciling the Ninth and Fourteenth Amendments ; Chapter VII: The Fall of the Ninth Amendment: The New Deal Restoration of John Marshall's Constitution ; Introduction: The Speech of Senator Pat McCarran, Anticommunist, Anti-New Dealist, Anti-Desegregationist and All- ; Around Unsavory Character-More Bad Luck ; The Ninth and Tenth Amendments in the Progressive Era ; The Rule of Construction and the New Deal ; The Rule Abandoned: The Ninth and Tenth Amendments as Truisms ; The Last Days of the Historic Ninth Amendment: Bute v. Illinois and the Issue of Incorporation ; Chapter VIII: Death and Transfiguration: The Return of the Ninth Amendment-and How Its History Got Filed in the Wrong Box ; The Modern Reading of Retained Rights and Reserved Powers ; Bennett Patterson's Book ; Griswold v. Connecticut ; Turning the Ninth Against the Tenth: Roe v. Wade and Modern Substantive Due Process ; The Return of Federalism: The Rehnquist Court and the Tenth Amendment ; Losing History: Misplaced, Mistaken, and Just Plain Missed ; Chapter IX: Enforcing the People's Retained Right to Local Self-Government ; Popular Sovereignty and Comprehensive Originalism ; Federalism as a Retained Right ; Madison's Rules of Constitutional Construction ; Preserving the Retained Rights of the People ; The Modern Court's Federalism Jurisprudence ; Notes ; Index

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Book SynopsisProvides a comprehensive and engaging introduction to copyright, patents, trademarks, and other forms of knowledge that are subject to global law and regulation.Trade ReviewIn the course of a book tracing the legal paths by which ideas about intellectual property has traveled, Vaidhyanathan illuminates conflicting truths... In this smart, engaging book, surprisingly provocative for a short introduction, he won this reader. * Karin Wulf, The Scholarly Kitchen *A wonderfully accessible avenue into a wholly confusing topic, making it another truly spectacular addition to the OUP Very Short Introduction series. This is a book for law buffs, experts on rules and regulations, and anyone looking to widen their economic and political understanding of the world or make a splash at an incredibly specific pub quiz. * Jade Fell, Engineering & Technology *Table of ContentsPreface Chapter 1: How to Read Starbucks; or Why Intellectual Property Matters More Than You Think Chapter 2: Copyright, Commerce, and Culture Chapter 3: Patents and their Discontents Chapter 4: Trademarks and the Politics of Branding Chapter 5: Other Rights: Domain Names, Publicity, Trade Secrets, Data, and Designs Conclusion: The Politics of Resistance and the Access to Knowledge Movement Acknowledgements Useful Web Sites References Bibliography Index

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Book SynopsisInternational lawyers and international relations scholars recognize that international norms change over time. Practices that were once permissible and even normal - like slavery, conquest, and wartime plundering - are now prohibited by international rules. Yet though we acknowledge norm change, we are just beginning to understand how and why international rules develop in the ways that they do. Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the legalization and transnational activist approaches, and argue that both are limited by their focus on international rules as outcomes. The authors then present their cycle theory, in which norm change is continual, a product of the constant interplay among rules, behavior, and disputes. International Norms and Cycles of Change is the natural follow-on to Prohibiting Plunder, testing the cycle theory against ten empirical cases. The cases range from piracy and conquest, to terrorism, slavery, genocide, humanitarian intervention, and the right to democracy. The key finding is that, across long stretches of time and diverse substantive areas, norm change occurs via the cycle dynamic. International Norms and Cycles of Change further advances the authors'' theoretical approach by arguing that international norms have been shaped by two main currents: sovereignty rules and liberal rules. Sovereignty rules are the necessary norms for establishing an international society of sovereign states and deal with the rights, prerogatives, and duties of states. Liberal rules are norms that emerged out of the Enlightenment and enshrine the basic value, dignity, and inherent rights of each person. Sandholtz and Stiles include five cases of sovereignty rules and five of liberal rules in order to reveal the broad cyclic pattern of international change in these two categories of rules.Table of ContentsChapter 1. Explaining International Norm Change ; Part I: Sovereignty Rules ; Chapter 2. Banning Piracy: The State Monopoly on Military Force ; Chapter 3. The End of Conquest: Consolidating Sovereign Rights ; Chapter 4. Protecting Cultural Treasures in Wartime ; Chapter 5. Terrorism: Reinforcing States' Monopoly on Force ; Chapter 6. Extraterritoriality: Expanding Exclusive Internal Jurisdiction ; Part II: Liberal Rules ; Chapter 7. Slavery: Liberal Norms and Human Rights ; Chapter 8. Genocide ; Chapter 9. Refugees and Asylum ; Chapter 10. Humanitarian Intervention: Liberal Norms vs. Sovereignty Norms ; Chapter 11. The Right to Democracy ; Chapter 12. Conclusion

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Book SynopsisWritten by one of early America's most eminent historians, this book masterfully discusses the debates over constitutionalism that took place in the Revolutionary era.Trade ReviewThis book distills the core insights of a long career into a single small volume that grabs the reader's interest from the first page and never lets go. * Jessica T. Mathews, Foreign Affairs *With characteristic insight, sobriety, and wisdom, Gordon Wood had given us much to consider in this thoughtful study of how the framers of the American Republic imperfectly but determinedly set us on a journey toward a more perfect Union. Wood's scholarship always repays our careful attention, and this incisive new book joins the large company of his invaluable contributions to understanding America's complexities and contradictions. * Jon Meacham, author of The Soul of America: The Battle for Our Better Angels *No one has done more to teach us about the origins of American constitutionalism than Gordon S. Wood. Now, at a moment when we are trembling over the strength of our constitutional system, Wood gives us a deft shorthand account of how it all began. For anyone who wants to understand what made American constitutionalism such a vital political experiment, this is the place to start. * Jack Rakove, author of Beyond Belief, Beyond Conscience: The Radical Significance of the Free Exercise of Religion *Gordon Wood's Power and Liberty conveniently encapsulates more than a half-century of scholarship by the leading historian of American constitutionalism during the founding era and the early republic. * William E. Nelson, author of E Pluribus Unum: How the Common Law Helped Unify and Liberate Colonial America, 1607-1776 *Gordon Wood has packed a lifetime of learning into this splendid little volume. In his capable hands, our founding charters, grown stale from familiarity, regain their freshness and allure as revolutionary documents that redefined our politics. Wood has an uncanny ability to project himself into the past and to report on his findings as if he had been a personal witness to those distant events. * Ron Chernow, author of Alexander Hamilton *Table of ContentsAcknowledgments Introduction Ch 1. The Imperial Debate Ch. 2 State Constitution-Making Ch. 3 The Crisis of the 1780s Ch. 4 The Federal Constitution Ch. 5 Slavery and Constitutionalism Ch. 6 The Emergence of the Judiciary Ch. 7 The Great Demarcation Between Public and Private Epilogue Notes Index

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Book SynopsisAn account of a fundamental change in American legal thought, from a conception of law as something found in nature to one in which law is entirely a human creation.Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer''s toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead.In The Decline of Natural Law, the eminent legal historian Stuart Banner explores the causes and consequences of this change. To do this, Banner discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. He further examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century''s most contested legal issues. And finally, he describes both the profession''s rejection of natural law in the late 19th and early 20th centuries and the ways in which the legal system responded to the absence of natural law.The first book to explain how natural law once worked in the American legal system, The Decline of Natural Law offers a unique look into how and why this major shift in legal thought happened, and focuses, in particular, on the shift from the idea that law is something we find to something we make.Table of ContentsIntroduction Part I: Before the Transition Chapter 1: The Law of Nature Chapter 2: The Common Law Part II: Causes of the Transition Chapter 3: The Adoption of Written Constitutions Chapter 4: The Separation of Law and Religion Chapter 5: The Explosion in Law Publishing Chapter 6: The Two-Sidedness of Natural Law Part III: The Transition and After Chapter 7: The Decline of Natural Law and Custom Chapter 8: Substitutes for Natural Law Chapter 9: Echoes of Natural Law Index

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Book SynopsisMadeleine''s Children uncovers a multigenerational saga of an enslaved family in India and two islands, Réunion and Mauritius, in the eastern empires of France and Britain during the eighteenth and nineteenth centuries. A tale of legal intrigue, it reveals the lives and secret relationships between slaves and free people that have remained obscure for two centuries.As a child, Madeleine was pawned by her impoverished family and became the slave of a French woman in Bengal. She accompanied her mistress to France as a teenager, but she did not challenge her enslavement there on the basis of France''s Free Soil principle, a consideration that did not come to light until future lawyers investigated her story. In France, a new master and mistress purchased her, despite laws prohibiting the sale of slaves within the kingdom. The couple transported Madeleine across the ocean to their plantation in the Indian Ocean colonies, where she eventually gave birth to three children: Maurice, Constance, and Furcy. One died a slave and two eventually became free, but under very different circumstances. On 21 November 1817, Furcy exited the gates of his master''s mansion and declared himself a free man. The lawsuit waged by Furcy to challenge his wrongful enslavement ultimately brought him before the Royal Court of Paris, despite the extreme measures that his putative master, Joseph Lory, deployed to retain him as his slave. A meticulous work of archival detection, Madeleine''s Children investigates the cunning, clandestine, and brutal strategies that masters devised to keep slaves under their control-and paints a vivid picture of the unique and evolving meanings of slavery and freedom in the Indian Ocean world.Trade ReviewPeabody has sifted the documentary record with exquisite care in order to portray the contradictory ties of intimacy, exploitation, solidarity and betrayal that characterized the extended families that bound masters and servants in slave societies.... Madeleine's Children...offers a quiet but necessary revision to much of the literature about slaves' search for freedom in the age of abolition. * Paul Cheney, French History *As Sue Peabody shows in this impressive study of the family history of Madeleine, an enslaved woman from Bengal, the experiences of slaves in the Francophone world lacked for neither drama nor didactic imprint. Following Madeleine and her two children...Peabody delivers a tale of personal tragedy and salvation, set against a global backdrop of revolution, restoration, and imperial rivalry. The result is not only a compelling glimpse of figures marginally represented within the historical record, but also a provocative analysis of what it actually means to be free....Peabody has given us a readable, nuanced, and compelling piece of historical scholarship, one that is at once informative to specialists and accessible to a wider audience. * Gregory Mole, H-France *A welcome addition to the historiography of French imperialism and slavery....French history does not have an equivalent of Equiano or Incidents in the Life of a Slave Girl....While this study is not autobiographical, as are some of the English-language accounts of slavery, Peabody does reconstruct Furcy's life and incorporates the testimony he gave in various court cases. This analysis sheds light on some of his experiences as an enslaved person as well as his sense of the true implications of his legal status. For scholars of slavery and the history of the family, Furcy's testimony also offers valuable insights into what it means to be a father when one is nominally free, but not free in a total sense. * Margaret Cook Andersen, English Historical Review *Peabody seeks to deepen understandings of freedom and slavery by enlarging the focus to include the French empire as it reached beyond the Atlantic. Her attention to the slave smuggling triggered by the abolition of transoceanic slave trading reinforces studies of contraband in the late eighteenth century. And while Madeleine, Marie Anne and Eugénie all inhabited a reality far from the revolutionary feminists in mainland France, Peabody is deeply invested in understanding the experiences of women, including highlighting the entangling practices of employing enslaved women as midwives and wet-nurses. Focusing on one family's experiences reveals the complex and messy underbelly of an empire in the process of transformation and France's bumpy trajectory toward the promises of the 1789 revolution. * Isabelle Headrick, Not Even Past *A meticulous and insightful study of the life of a woman who, as a child, was sold into slavery in India, and it also chronicles the later struggles of her children to obtain freedom in the French Mascarenes in the first half of the nineteenth century ... Madeleine's Children, in the best tradition of microhistory, moves beyond this individual and exceptional story to provide insights into wider issues of race, abolitionism, and governance in the French colonial world of the period. * Nigel Worden, American Historical Review *This volume will be of particular interest to those who wish to better understand the work of historians, as well as for those studying the construction of race and indentity in relation to slavery and freedom. * Virginie Ems-Bléneau, French Review *[A]s a collective study of masters' and enslaved families, it is compelling. The book has surprising contemporary relevance. Close reading suggests how legal machinations and deceptive cloaking enable slaving practices to survive, even thrive, in today's globalized economy. * CHOICE *What does it mean to be free? To be a slave? To belong to a family? In this remarkable book, historian Sue Peabody * one of the world's leading authorities on slavery in the French Empireshows that these big questions are often intertwined. Through an intimate portrait of one enslaved man fighting for his dignity, Peabody shines a brilliant light on the worlds in which he and his forebears lived, stretching from India to the Mascarene Islands to the courts of Paris. This is both biography and global history at their very best.Brett Rushforth, author of Bonds of Alliance: Indigenous and Atlantic Slaveries in New France *This gripping family history of slavery and freedom in France and its Indian Ocean empire during the eighteenth and nineteenth centuries resurrects in inviting detail the lives of Madeleine * sold into slavery in India and freed on Bourbon Island, though not told of her manumission for nineteen yearsand of her children. With help from family and friends, Furcy, one of those children held in slavery by ruse, vigorously pursued legal recognition of his free status in the Mascarene Islands of the Indian Ocean and in Franceand won. Drawing on thousands of pages of archival and legal documents to reconstruct their lives with astonishing detail, Peabody presents us with the first autobiographical narrative of slaves held by French citizens and in the process illuminates the internal architectures of slavery and freedom in France's Indian Ocean colonies.Pier M. Larson, The Johns Hopkins University *'Madeleine's Children' is a detailed exposition of the lives of slaves in the Indian Ocean world in the late eighteenth to early nineteenth centuries. Based on years of meticulous research, it brings vividly to life the tensions between slave-owners and slaves during a tumultuous period of shifting legal challenges to, and definitions of, slavery. Thoroughly recommended to scholars of the Indian Ocean world and of slavery. * Gwyn Campbell, Director, Indian Ocean World Centre, McGill University *

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Book SynopsisOnly the Clothes on Her Back illuminates the ways in which women, men of color, and poor people used textiles as a form of property that enabled them to gain access to the legal system and to exercise political power.Trade ReviewOnly the Clothes on Her Back is an illuminating book-one likely to refashion our understanidng of American economic, legal, material and social history. * Eva Sheppard Wolf, Journal of Southern History *Reading Only the Clothes on Her Back is a unique experience because Edwards (Princeton Univ.) makes economic history enjoyable...Edwards has written an analysis of aspects of fabrics that this reviewer did not know existed and written it very well indeed. * Choice *A masterpiece....well-written, deeply thought-provoking....Edwards has clearly poured her expertise into this account of the history of textiles in the USA and their unique legal standing. Using elements of microhistory, Edwards presents detailed case studies to cement her argument and emphasizes the importance of garments to women who otherwise had little to no legal standing. Marginalized people, largely women and slaves, could own textiles, trade them, and expect courts to maintain their claim to the items.... Edwards teases out the strands of this tangled web of textile history and excellently portrays the connection between fabric and burgeoning globalization....While focusing almost entirely on the USA, the global nature of the subject makes excellent reading for historians of all nations. * Caroline M. McWilliams, Twentieth Century British History *Reading Only the Clothes on Her Back is a unique experience because Edwards makes economic history enjoyable. Looking at the implications of women's roles in cloth production, she argues that textiles and finished garments constituted a rare commodity that even married women, unmarried daughters, and/or enslaved women controlled apart from their husbands and masters. Each chapter begins with a well-researched anecdote about some aspect of the trade, which does double duty, imbuing what otherwise might be just dry facts with humanity and also infusing the book with humor—the stories are often hilarious....Edwards has written an analysis of aspects of fabrics that this reviewer did not know existed and written it very well indeed. Highly recommended. General readers through faculty. * Choice *Laura Edwards has produced a masterpiece that forever changes how we see the nineteenth century's ubiquitous textiles and the women who worked, stole, hoarded and wore them. Only a scholar like Edwards, with insights that go beyond conventional notions of property and ownership, could recover the astonishing stories about how those without rights still exercised legal dominion over fabric and their economic lives. Only the Clothes on Her Back smartly debunks simple cultural truisms about women and their adornments, revealing how ordinary Americans, even those marginalized in public law, connected to global markets and remade those forces by their own terms in the local courthouses of the early Republic. * Martha S. Jones, author of Birthright Citizens: A History of Race and Rights in Antebellum America *With elegance, creativity, and a fitting touch of wit, Laura Edwards unfolds the world of early American textiles in this brilliantly original study of gender, race, material exchange, and the law. The seemingly small arena of gowns, sheets, and hosiery as revealed through her careful research proves massively impactful to those who were marginalized by society as well as to merchants and manufacturers. While enslaved people, free Blacks, and white women could not claim personal rights, they could and did own all manner of fabrics, which they saved, traded, and defended in a complex legal culture that defies our modern expectations but would not last. The Clothes on Her Back transforms our understanding not only of lace, looms, and law, but also of nineteenth-century American lives. * Tiya Miles, author of All That She Carried: The Journey of Ashley's Sack, a Black Family Keepsake *In Only the Clothes on Her Back, Laura Edwards combines daunting archival research with a brilliant synthesis of generations of scholarship to put women, both Black and white, at the heart of American legal and economic history between the Revolution and the Civil War. Laced with wit, and knitting race, class, and gender into a seamless fabric, Edwards poignantly and powerfully brings home what was gained and lost when America became 'a nation of rights.' * Dylan C. Penningroth, University of California, Berkeley *In this revelatory book, Laura Edwards explains the extraordinary significance that textiles once held in the American economy and legal system. A book of scrupulous research and a profoundly revisionist account of the workings of property, gender and the law in America between the Revolution and the 1860s. * Deborah Cohen, Northwestern University *In Only the Clothes on Her Back, Edwards has addressed an important but underexplored aspect of nineteenth-century economic life. She reveals the ways in which textiles shaped, and were shaped by, people at the margins of economic and legal culture in America. She shows how clothing can be a useful and generative lens through which to understand law and power in the nineteenth century. Edwards's triumph is that she has shown through her deft and incisive analysis that textiles influenced much more than the clothes that people wore. Instead, textiles shaped the very nature of law and economy during the nineteenth century. * Justene Hill Edwards, H-Diplo *Table of ContentsAcknowledgments Introduction: Elizabeth's and Caty's Failed Escapes: The Materials of Legal Meaning Part One: Old Clothes in a New Country Chapter 1: Polly's Yarn: Legal Principles Chapter 2: Roger Taney's Long Underwear: Federalism Chapter 3: Mr. Robinson's Failure: Merchants Chapter 4: Rebecca Coles's Factory: Manufacturers Part Two: Protective Coverings in a Hostile World Chapter 5: The Prison Society's Problem: Currency Chapter 6: Jane Cooley's Loom: Capital Chapter 7: Margaret Ten Eyck's Accounts: Credit Chapter 8: Eliza Cauchois's Shift: Exchange Part Three: Rags Chapter 9: Sarah Allingham's Sheet: Enforcement Chapter 10: Catherine Brennan's Haul: Criminality Chapter 11: Charles Lohman's Silk Dresses: Suppression Chapter 12: Mrs. Harris's Marriage: Erasure Conclusion: Mary Todd Lincoln's Old Clothes: Just Material Notes Bibliography Index

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Book SynopsisTrade ReviewKenny brings a fresh and insightful look at changing 19th-century immigration law in this crisp legal history... Based on a close reading of key immigration law cases and other primary sources, this erudite study sheds light on the long and complicated history of immigration law. * Library Journal *One can't fully understand the origins of US immigration policy without knowing the history of slavery and Native American removal. In this beautifully written book, Kevin Kenny shows how these painful histories laid the groundwork for the barring, policing, detaining, and expelling of immigrants and shaped American understandings of federal plenary power, citizenship, and sovereignty. This book shows why Kenny is one of the most insightful historians of the nineteenth-century United States. * María Cristina García, author of State of Disaster: The Failure of US Migration Policy in an Age of Climate Change *From Kevin Kenny, eminent scholar in immigration history, comes a timely reminder that slavery once touched every aspect of American life, including border control. He makes a powerful case that today's immigration policies still bear the scars of the slaveholding republic. * Beth Lew-Williams, author of The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America *In a bold and sweeping reinterpretation, Kenny convincingly places slavery and its legacy at the heart of the US immigration history. The Problem of Immigration in a Slaveholding Republic is a must read for students of either field. * Sam Erman, author of Almost Citizens: Puerto Rico, the U.S. Constitution, and Empire *The most comprehensive and penetrating analysis of nineteenth-century US immigration policy that I have read. Kevin Kenny's brilliant reconstruction of the intersecting efforts to police the movement of enslaved, immigrant, and indigenous populations will change the way we think about the history—and the current state—of America's immigration regime. * Gary Gerstle, University of Cambridge *Table of ContentsAcknowledgments Introduction Part One: Sovereign States Chapter 1: Foundations Chapter 2: Police Power and Commerce Power Chapter 3: The Threat to Slavery Chapter 4: The Boundaries of Political Community Part Two: Immigration in the Age of Emancipation Chapter 5: The Antislavery Origins of Immigration Policy Chapter 6: Reconstruction Chapter 7: Immigration and National Sovereignty Epilogue Chronology Notes Bibliography Index

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Book SynopsisA master storyteller presents a riveting drama of America''s first crime of the century--from murder investigation to a church sex scandal to celebrity trial--and its aftermath.In December 1832 a farmer found the body of a young, pregnant woman hanging near a haystack outside a New England mill town. When news spread that Methodist preacher Ephraim Avery was accused of murdering Sarah Maria Cornell, a factory worker, the case gave the public everything they found irresistible: sexually charged violence, adultery, the hypocrisy of a church leader, secrecy and mystery, and suspicions of insanity. Murder in a Mill Town tells the story of how a local crime quickly turned into a national scandal that became America''s first trial of the century.After her death--after she became the country''s most notorious factory girl--Cornell''s choices about work, survival, and personal freedom became enmeshed in stories that Americans told themselves about their new world of industry and women''s laborTrade ReviewMurder in a Mill Town is a murder mystery, a sex scandal, a legal thriller, and a crystal-clear primer on how the rise of capitalism transformed the most intimate aspects of American life—all rolled into one. It is an essential read for anyone interested in true-crime tales and their hold on American culture. * Debby Applegate, author of The Most Famous Man in America: The Biography of Henry Ward Beecher *A young mill girl. A married minister. An inconvenient pregnancy. A suspicious death. A sensational murder trial. Bruce Dorsey's deeply researched account shows that the case captured the attention of antebellum America not just because of its lurid combination of sex and violence, but also because of the ways it played out contemporary conflicts over the changing roles of women—and men. Two centuries ago, an illicit affair could threaten a man's status and a woman's life. Now, after the overthrow of Roe v. Wade, the tragedy of Sarah Maria Cornell remains urgent, illuminating, and haunting. * John Wood Sweet, author of The Sewing Girl's Tale: A Story of Crime and Consequences in Revolutionary America *This true crime history set in a New England mill town may seem familiar at first. But gradually peeling the onion, Bruce Dorsey reveals the exceeding strangeness of the times, reminding us that the past is a foreign country. * John Mack Faragher, Yale University *This is a story of ordinary people living in exceptional times, who find themselves caught up in a rapidly changing world—a story that involves not only the two central protagonists, but hundreds of trial witnesses whose testimony illuminates their historical experience in striking detail, and dozens of journalists and popular writers who search for broader meanings in this episode of personal violence. In strikingly accessible prose, Bruce Dorsey brings his characters to life on the page. * Karen Halttunen, author of Murder Most Foul: The Killer and the American Gothic Imagination *Murder in a Mill Town highlights how little we've learned or changed since the 1830s. It almost reads as an indictment about America's petty fears about sex, women, and undermining religion- "almost an indictment" because, in his precise writing and masterful contextualizing, Dorsey doesn't offer an opinion. He lets the horror of our culture speak for itself. * Tony Russo, New York Journal of Books *Table of ContentsPreface: Before the Curtain Rises Act I Murder 1. The Haystack 2. The Manufacturer 3. A Troubled Marriage 4. Native Sons 5. "Useful in this World" 6. "Factory Girl" 7. "Crazy Dow" 8. A Methodist Family 9. Moving Planet 10. Circuit Rider 11. Slanderer 12. Moral Police 13. Examination 14. Manhunt 15. "If I am missing" Act II Trial 16. Courtroom Tales 17. Physicians, Bodies, and Women 18. Doctor Visits 19. Sex Talk 20. Bad Stories 21. Passions and Self-Murder 22. "This most extraordinary of all cases" Act III Scandal 23. Mobs and More Murders 24. Conspiracies 25. Vindication 26. Camp Meetings 27. Seduction 28. Fake News 29. Stage and Song Coda Notes Index

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Book SynopsisVery Short Introductions: Brilliant, Sharp, InspiringFor 30 years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court''s history and of its written and unwritten rules to show readers how the Supreme Court really works.Greenhouse offers a fascinating institutional biography of a place and its people--men and women who exercise great power but whose names and faces are unrecognized by many Americans and whose work often appears cloaked in mystery. How do cases get to the Supreme Court? How do the justices go about deciding them? What special role does the chief justice play? What do the law clerks do? How does the court relate to the other branches of government? Greenhouse answers these questions by depicting the justices as they confront deep constitutional issues or wrestle with the meaning of conTrade Review[A] new one-of-a-kind book on the Supreme Court." * SCOTUSblog *Linda Greenhouse has long been one of the most astute observers of the U.S. Supreme Court and most trusted translators of its mysteries and traditions. This elegant and concise guide is invaluable for beginners and veteran court watchers alike. An ideal introduction to the Court for students and citizens of all ages. * Jeffrey Rosen, professor of law, George Washington University, and legal affairs editor, The New Republic *There is hardly anyone in the country, outside the Court, who knows the institution and its practices as well as Linda Greenhouse does. * Melvin I. Urofsky, author of Louis D. Brandeis: A Life *Greenhouse cogently illustrates the history, functions, composition and importance of the Supreme Court. In a slim volume that you can literally carry around in your pocket, you will find a wealth of knowledge." * Yale Daily News *[A]n amuse-bouche of a book . . . short, but pithy. After finishing this book, readers should be inspired to take up [Greenhouse's] implicit invitation to read about the Court and its impact on shaping American law in a more substantial, meatier format. * Judicature *For those interested in how cases come to be heard by the Court, the process leading to a decision and the Court's relationship with the other branches of the federal government and the public, this is an excellent way to begin. * Washington Independent Review of Books *Table of ContentsList of illustrations Acknowledgments 1 Origins 2 The Court at work (1) 3 The justices 4 The chief justice 5 The Court at work (2) 6 The Court and the other branches 7 The Court and the public 8 The Court and the world Appendix 1: U.S. Constitution, Article III Appendix 2: The Supreme Court's rules Appendix 3: Chart of the Justices References Further reading Websites Index

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Book SynopsisThe United States Constitution was established primarily because of the widely recognized failures of its predecessor, the Articles of Confederation, to adequately address collective-action problems facing the states. These problems included funding the national government, regulating foreign and interstate commerce, and defending the nation from attack. Meeting such challenges required the states to cooperate or coordinate their behavior, but they often struggled to do so both inside and outside the Confederation Congress. By empowering Congress to solve collective-action problems, and by creating a national executive and judiciary to enforce federal law, the Constitution promised a substantially more effective federal government. An important read for scholars, lawyers, judges, and students alike, Neil Siegel''s The Collective-Action Constitution addresses how the U.S. Constitution is, in a fundamental sense, the Collective-Action Constitution. Any faithful account of what the Consti

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Book SynopsisMoney travels the modern world in disguise. It looks like a convention of human exchange - a commodity like gold or a medium like language. But its history reveals that money is a very different matter. It is an institution engineered by political communities to mark and mobilize resources. As societies change the way they create money, they change the market itself - along with the rules that structure it, the politics and ideas that shape it, and the benefits that flow from it.One particularly dramatic transformation in money''s design brought capitalism to England. For centuries, the English government monopolized money''s creation. The Crown sold people coin for a fee in exchange for silver and gold. ''Commodity money'' was a fragile and difficult medium; the first half of the book considers the kinds of exchange and credit it invited, as well as the politics it engendered. Capitalism arrived when the English reinvented money at the end of the 17th century. When it established the Bank of England, the government shared its monopoly over money creation for the first time with private investors, institutionalizing their self-interest as the pump that would produce the money supply. The second half of the book considers the monetary revolution that brought unprecedented possibilities and problems. The invention of circulating public debt, the breakdown of commodity money, the rise of commercial bank currency, and the coalescence of ideological commitments that came to be identified with the Gold Standard - all contributed to the abundant and unstable medium that is modern money. All flowed as well from a collision between the individual incentives and public claims at the heart of the system. The drama had constitutional dimension: money, as its history reveals, is a mode of governance in a material world. That character undermines claims in economics about money''s neutrality. The monetary design innovated in England would later spread, producing the global architecture of modern money.Trade ReviewThis fascinating book offers an innovative approach to monetary history, by using the historical development of currency in England from the high middle ages to the nineteenth century to challenge the established theory of money and its role in the economyâ This book is an excellent contribution to the existing literature [âand] must also be considered an important contribution to fields such as law, economics, political science, and the history of economic ideas. * Paolo di Martino, The Economic History Review *A closing sentence of Desan's Making Money encapsulates what I find truly extraordinary about her book: Arguably capitalism... constructed a money [based on] individual exchange for profit, institutionalizing that motive as the heart of productivity." ... In my view Desan's greatest contribution in Making Money is a clear explanation of how monetary reform set the stage for modern economic performance. * Carolyn Sissoko, Synthetic Assets *This book is an obvious must for anyone interested in English history generally, and the history of money, banking or finance, or the legal history of these fields in particular. That much goes without saying. For historians of capitalism, it should be a lightning rod, attracting attention with a bold, unorthodox and analytically and historically compelling claim. * Roy Kreitner, Banking and Finance Law Review *Making Money is an impressive work of scholarship that not only surveys many centuries of history, but also offers fresh insights into a topic so laden with assumptions and parables as to seem barely worth reexamination. The book is part legal analysis, part political and economic history, and part numismatics, and it is more representative of an interpretive essay than an encyclopedia of monetary history. * Bruce G. Carruthers, American Historical Review *Christine Desans Making Money: Coin, Currency, and the Coming of Capitalism. . . expands the limited theoretical interventions of myriad governance-view theorists into positive, empirical claims by telling the story of British money through law from the fall of Rome to the eighteenth-century financial revolution, and in so doing expands on them significantly. . . What Desan has given us, and earlier authors have not, is a thorough alternative, grounded in legal history, that, helpfully, includes an origin story for the orthodox account of moneys origins. Although some may continue to defend the orthodox conjectural history of money. . . they will be hard-pressed to do so on empirical grounds in light of Desans account. * Andrew David Edwards, Law and Social Inquiry *Desan's singular achievement has been to not only synthesize a vast literature but to also produce a richly detailed, compelling, and original account of how the development of market commerce and capitalism was largely dependent upon the transformation of the ways in which people thought about and made their money. . . Needless to say this brief review in no way does justice to the narrative reconstruction, eye-watering detail, and historiographical engagement which will surely make Desan's text the definitive account for some time to come. * Simon Middleton, The Medieval Review *Making Money is a fascinating story, full of both meticulous historical detail and compelling conceptual arguments about the relationship between forms of currency, political authority, and the creation of the modern state . . . thought-provoking like David Graebers Debt, but firmly grounded in the minutiae of English history. In these times when everyone from gold bugs (like Ted Cruz, lets not forget) to Bitcoin enthusiasts is calling for a redefinition of money, it reminds us what a complicated and politically determined thing money always has been. * James Kwak, The Baseline Scenario *Christine Desans Making Money should be amongst the points of departure for analysis and reflection not beholden to the existing institutional structures and the interests served by such institutions...This insight elevates Desans book far above the kind of literature that cultivates a generalizing view of money, its current forms, and institutional settings as inevitable expressions of human nature. The conclusions from her contribution to the analysis of money are arguments for changing prevailing monetary regimes. Desan equips us with historical arguments for reinventing money. * Leopold Specht, International Journal of Constitutional Law *Making Money contributes to . . . understanding [the popularity of cash] by providing a detailed and insightful narrative of how cash developed into the killer app of payment technologies. * William Roberds, Journal of Economic Literature *[T]hose interested in gaining a comprehensive understanding of the evolution of money... Will find this book invaluable. [Desans] approach... Is essentially a new history and analysis of how money is made. * Katie Ball, Reviews in History *Making Money will undoubtedly become an exemplary text in its field. It has a lot to offer... In sum, this book is of tremendous value and a notable text in legal history and within those subjects at the peripheries surrounding it. It sets a new path in challenging our ways of studying commercial law and viewing money and currency as a purely economic tool and as a mechanism of exchange. * Victoria Barnes, The Journal of Legal History *[In this book] A constitutional historian dives deep into to joint creation with private investorsto illuminate how the means of exchange is in fact a form of governance and of social order * Harvard Magazine *Christine Desanâs Making Money is not only a fine monetary history of England. The 2014 book is relevant today. It shows cash and governments go together, the gold standard was a misnomer and central banking is political. And we should stop outsourcing money-creation to banks. * Edward Hadas, Breakingviews *Table of ContentsIntroduction ; 1. Creation Stories ; 2. From Metal to Money: Producing the "Just Penny" ; 3. Commodity Money as an Extreme Sport: Flows, Famines, Debasements, and Imitation Pennies ; 4. The High Politics of Money: Strong Coin, Heavy Taxes, and the English Invention of Public Credit ; 5. The Social Stratigraphy of Coin and Credit in Late Medieval England ; 6. Priming the Pump: The Sovereign Path Towards Paying for Coin and Circulating Credit ; 7. Interests, Rights, and the Currency of Public Debt ; 8. Reinventing Money: The Beginning of Bank Currency ; 9. Re-theorizing Money: The Struggle over Money in the Modern Imagination ; 10. The Eighteenth Century Architecture of Modern Money ; Epilogue: The Gold Standard in an Era of Inconvertibility ; Conclusion: From Blood to Water ; Bibliography

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Book SynopsisThis book covers the origins and development of the International Centre for Settlement of Investment Disputes (ICSID) and its Convention, from 1955 to 2015. It includes accounts of the formulation of the Convention, the elaboration of ICSID's Regulations and Rules and analysis of the cases submitted since the entry into force of the Convention.Trade ReviewIn sum, this is an outstanding work that shows how important the convention has been for the development of a system of international treaty arbitration ... This book is a must-have for all who work in this field. * . Nicos Lavranos, European Investment Law and Arbitration Review *Parra's account of ICSID is authoritative and comprehensive ... his exemplary thoroughness makes this an invaluable resource that will be used for a long time to come. * Taylor St. John, Journal of World Investment & Trade *This book is undoubtedly a useful source for anyone who deals with ICSID arbitration, whether in practice or for research [...] I take this opportunity to congratulate the author for a unique contribution to an ever-growing body of investment arbitration literature and recommend his work - without hesitation - for its impeccable scholarship. * Gordon Blanke, The CIArb Journal (2018) *Who better to write (and now update) the history of the World Banks investor-state dispute mechanism and institution (ICSID) than the man described as its institutional memory, who served as its deputy secretary-general from 1999-2005? ... This history of ICSID encapsulates its place in the pantheon of dispute resolution forums, in a positive and comprehensive way, and is a very useful resource for those seeking to put such disputes in their institutional context. * Philippa Charles, Stewarts Law LLP (Law Gazette) *Antonio Parra has harnessed more than a decade's worth of experience in this user friendly but comprehensive history of the Centre ... All in all, the book, through its accessible presentation of the establishment and evolution of the Centre throughout the decades, is an essential introduction to anyone interested in investor-state dispute settlement. * Bernard Hanotiau & Iuliana Iancu, Hanotiau & van den Berg (Journal of International Arbitration) *Table of Contents1: Introduction 2: Origins of the Convention 3: Broches's "Working Paper" 4: The Preliminary Draft of the Convention 5: Finalizing the Text of the Convention 6: Establishment and Launch of the Centre 7: ICSID's First Two Decades 8: Aspects of the Early Cases 9: ICSID from 1989 to 1999 10: ICSID from 2000 to 2010 11: "The Premier International Arbitration Facility in the World" 12: Conclusion

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Book SynopsisThe Early Middle Ages, which marked the end of the Roman Empire and the creation of the kingdoms of Western Europe, was a period central to the formation of modern Europe. This period has often been drawn into a series of discourses that are more concerned with the eighteenth, nineteenth, and twentieth centuries than with the distant past. In The Modern Origins of the Early Middle Ages, Ian Wood explores how Western Europeans have looked back to the Middle Ages to discover their origins and the origins of their society. Using historical records and writings about the Fall of Rome and the Early Middle Ages, Wood reveals how these influenced modern Europe and the way in which the continent thought about itself. He asks, and answers, the important question: why is early-medieval history, or indeed any pre-modern history, important? This volume promises to add to the debate on the significance of medieval history in the modern world.Trade Review[Has] many merits... * Luigi Andrea Berto, Mediterranean Studies *Table of ContentsPreface ; 1. 300-700 ; 2. The Franks and the State of France ; 3. The Old German Constitution ; 4. The Barbarians and the Fall of Rome ; 5. Empire and Aftermath ; 6. Nation, Class, and Race ; 7. The Lombards and the Risorgimento ; 8. Heirs of the Martyrs ; 9. Language, Law, and National Boundaries ; 10. Romans, Barbarians, and Prussians ; 11. Teutons, Romans, and 'Scientific' History ; 12. About Belgium: The Impact of the Great War ; 13. Past Settlements: Interpretations of the Migration Period from 1918-45 ; 14. Christian Engagement in the Interwar Period ; 15. The Emergence of Late Antiquity ; 16. Presenting a New Europe ; Bibliography

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Book SynopsisEuropean law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today''s state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on heartlands of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe''s geographical fringes such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.Table of ContentsI. Approaches to European Legal History: Historiography and Methods 1: James Q. Whitman: The World Historical Significance of European Legal History: An Interim Report 2: Joachim Rückert: The Invention of National Legal History 3: Randall Lesaffer: The Birth of European Legal History 4: Kjell Å Modéer: Abandoning the Nationalist Framework: Comparative Legal History 5: Thomas Duve: Global Legal History: Setting Europe in Perspective II. The Ancient Law and the Early Middle Age 6: Michael Gagarin: Ancient Greek Law 7: Pier Giuseppe Monateri: Early Roman Law And The West: A Reversal Of Grounds 8: Paul du Plessis: Classical and Post-Classical Roman Law: The Legal Actors and The Sources 9: Luigi Capogrossi Colognesi: Institutions of Ancient Roman Law 10: Bernard Stolte: Byzantine Law: The Law of the New Rome 11: Karl Shoemaker: Germanic Law III. The Law in the High and the Late Middle Ages: The Learned Ius commune and the Vernacular Laws 12: Peter Clarke: Western Canon Law in the Central and Later Middle Ages 13: Jan Hallebeek: Structure of Medieval Roman Law: Institutions, Sources, and Methods 14: Thomas Rüfner: Substance of Medieval Roman Law: The Development of Private Law 15: Antonio Manuel Hespanha: Southern Europe (Italy, Iberian Peninsula, France) 16: Mathias Schmoeckel: Holy Roman Empire of the German Nation 17: Mia Korpiola: High- and Late-Medieval Scandinavia: Codified Vernacular Law and Learned Legal Influences 18: Mia Korpiola: Customary Law and the Influence of the Ius commune in High- and Late-Medieval East Central Europe 19: Paul Brand: The Beginnings of the English Common Law (to 1350) 20: Andrew R C Simpson: The Scottish Common Law: Origins and Development, ca.1124-ca.1500 21: Heiner Lück: Urban Law: The Law of Saxony and Magdeburg 22: Albrecht Cordes & Philipp Höhn: Extra-legal and Legal Conflict Management among Long-distance Traders (1250-1650) 23: Dirk Heirbaut: Feudal law IV. European Law in the Early Modern Period: The Fields of Law and the Changing Scholarship 24: Jan Schröder: Legal Scholarship: The Theory of Sources and Methods of Law 25: David Ibbetson: Natural Law in Early Modern Legal Thought 26: John Witte, Jr: Law and the Protestant Reformation 27: Wim Decock: Law of Property and Obligations: Neoscholastic Thinking and Beyond 28: Massimo Meccarelli: Criminal Law: Before a State Monopoly 29: Alain Wijffels: Civil Procedural Law, the Judiciary, and Legal Professionals 30: Ulrike Müßig: Jurisdiction, Political Authority, and Territory 31: Bernardo Sordi: Public Law Before 'Public Law' V. European Law in the Early Modern Period: The Age of Expansion 32: Peter Oestmann: The Law of the Holy Roman Empire of the German Nation 33: Serge Dauchy: French Law and its Expansion in the Early Modern Period 34: Matthew C. Mirow: Spanish Law and its Expansion 35: Heikki Pihlajamäki: Scandinavian Law in the Early Modern Period 36: Ken MacMillan: English Law and its Expansion 37: Marianna Muravyena: Russian Law in the Early Modern Period 38: Mark Hickford: Colonial and Indigenous 'Laws' - The Case of Britain's Empires, Circa 1750-1850 VI. The Nineteenth Century and Beyond: The Emergence of Modern Law 39: Jean-Louis Halpérin: The Age of Codification and Legal Modernisation in Private Law 40: Hans-Peter Haferkamp: Legal Formalism and its Critics 41: Dieter Gosewinkel: The Constitutional State 42: Martti Koskenniemi & Ville Kari: A More Elevated Patriotism: The Emergence of International and Comparative Law (Nineteenth Century) 43: Bruno Aguilera-Barchet: The Law of the Welfare State 44: Michael Lobban: The Law of Obligations: The Anglo-American Perspective 45: Markus D. Dubber: Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth And Twentieth Century 46: Michael Stolleis: European Twentieth Century Dictatorship and the Law 47: Yoram Gorlizki: Communism and the Law 48: Peter Lindseth: The Law of the European Union in Historical Perspective

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Book SynopsisFully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom''s Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolutiTable of ContentsPart one 1: Law and Custom before 1066 2: The Common Law of England 3: The Superior Courts of Common Law 4: The Forms of Action 5: The Jury and Pleading 6: The Court of Chancery and Equity 7: The Conciliar Courts 8: The Ecclesiastical Courts 9: Judicial Review of Decisions 10: The Legal Profession 11: Legal Literature 12: Law Making Part two 13: Real Property: Feudal Tenure 14: Real Property: Uses and Fiscal Feudalism 15: Real Property: Inheritance and Estates 16: Real Property: Family Settlements 17: Other Interests in Land 18: Contract: Covenant and Debt 19: Contract: Assumpsit and Deceit 20: Contract: Some Later Developments 21: Quasi-Contract 22: Property in Chattels Personal 23: Negligence 24: Nuisance 25: Defamation 26: Economic Torts 27: Persons: Status and Liberty 28: Persons: Marriage and its Consequences 29: Pleas of the Crown: Criminal Procedure 30: Pleas of the Crown: The Substantive Criminal Law Appendix I Appendix II

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Book SynopsisThis new edition of Hugh Thirlway''s authoritative text provides an introduction to one of the fundamental questions of the discipline: what is, and what is not, a source of international law. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, more recent developments have recognized customary international law, alongside international treaties and instruments, as a key foundation upon which international law is built. This book provides an insightful inquiry into all the recognized, or asserted, sources of international law.It investigates the impact of ethical principles on the creation of international law; whether ''soft law'' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of ''general principles of international law'' within international law''s sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. This revised and updated book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.Table of Contents1: The Nature of International Law and the Concept of Sources 2: Treaties and Conventions as a Source of Law 3: Custom as a Source of International Law 4: General Principles of Law as a Source of Law 5: The Subsidiary Sources 6: Interaction or Hierarchy between Sources 7: Specialities: Jus Cogens, Obligations Erga Omnes, Soft Law 8: Subsystems of International Law 9: Some Alternative Approaches 10: Conclusion

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Book SynopsisThe colonization policies of Ancient Rome followed a range of legal arrangements concerning property distribution and state formation, documented in fragmented textual and epigraphic sources. When antiquarian scholars rediscovered and scrutinized these sources in the Renaissance, their analysis of the Roman colonial model formed the intellectual background for modern visions of empire. What does it mean to exercise power at and over distance? This book foregrounds the pioneering contribution to this debate of the great Italian Renaissance scholar Carlo Sigonio (1522/3-84). His comprehensive legal interpretation of Roman society and Roman colonization, which for more than two centuries remained the leading account of Roman history, has been of immense (but long disregarded) significance for the modern understanding of Roman colonial practices and of the legal organization and implications of empire. Bringing together experts on Roman history, the history of classical scholarship, and the history of international law, this book analyzes the context, making, and impact of Sigonio''s reconstruction of the Roman colonial model. It shows how his legal interpretation of Roman colonization originated and how it informed the development of legal colonial discourse, from imperial reform and colonial independence in the nascent United States of America to Enlightenment accounts of property distribution. Through a detailed analysis of scholarly and political visions of Roman colonization from the Renaissance to today, this book shows the enduring relevance of legal interpretations of the Roman colonial model for modern experiences of empire.Trade ReviewSeven collected essays, including the Introduction and Epilogue, examine the impact on Romanist scholarship of Carlo Sigonio (1522/23-1584), a Renaissance thinker whose legal interpretation of the "settler-colony" in Roman experience and practice influenced thinkers contemporary to and following him - Machiavelli, Bodin, Anglo-American writers and political actors from the seventeenth to nineteenth centuries, among others. The case is convincingly made that intra-Empire relations can be as useful as inter-Empire or Empire-outsider relations for appreciating how the antecedents of the contemporary State system operated. * William E. Butler, Jus Gentium *Table of Contents1: Jeremia Pelgrom and Arthur Weststeijn: Introduction: Settler Colonies Between Roman Colonial Utopia and Modern Colonial Practice 2: William Stenhouse: Roman Colonies and the Distribution of Land before Sigonio 3: John Rich: The Mommsen of the Renaissance: Sigonio, the De antiquo iure populi Romani, and Roman Republican Colonization 4: Mark Somos: Sigonio in Anglo-American Projects to Reform the Imperial Constitution, 1751-1777 5: Mattia Balbo: Roman Colonization and Land Division between Enlightenment and Romanticism: Beaufort and Niebuhr 6: Luigi Capogrossi Colognesi: Roman Colonization in Twentieth-Century Historiography 7: Christopher Smith: Epilogue: Reflections on the Past and Future of the Roman Colonial Discourse

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Book SynopsisTo what extent did English law facilitate trade before the advent of general incorporation and modern securities law? This is the question at the heart of Capitalism before Corporations. It examines the extent to which legal institutions of the Regency period, especially Lord Eldon''s Chancellorship, were sympathetic to the needs of merchants and willing to accommodate their changing practices and demands within established legal doctrinal frameworks and contemporary political economic thought. In so doing, this book probes at the heart of modern debates about equity, trusts, insolvency, and the justifiability of corporate privileges.Corporations are an integral part of modern life. We bank with corporations, we usually buy our groceries from them, and they provide us with most news and media. We take it for granted too that most large-scale business, and even much small-scale business, is carried out by corporations. Things were not always so. Televantos considers the Bubble Act of 1720, which criminalised the forming of corporations without a Royal Charter or Act of Parliament, its repeal in 1825, and the subsequent impact. Much of the modernisation of Britain''s industry therefore took place before general incorporation was allowed. Unaided by statute, traders had to create business organisations using the basic building blocks of private law: trusts, partnership, and agency.

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Book SynopsisFoundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.Table of ContentsI THE ENTERPRISE ; 1. Basic Principles ; 2. Differences among Legal Systems ; II PROPERTY ; 3. Possession and Ownership ; 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht ; 5. Private Modification of the Right to use Property: Servitudes ; 6. Rights Annexed to the Use of Property: The Case of Water Rights ; 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession ; 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property ; III TORTS ; 9. The Structure of the Modern Civil and Common Law of Torts ; 10. The Defendant's Conduct: Intent, Negligence, Strict Liability ; 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality' ; 12. Liability in Tort for Pure Economic Loss ; IV CONTRACTS ; 13. Promises ; 14. Mistake ; 15. Impossibility and Unexpected Circumstances ; 16. Promises to Make a Gift ; 17. Promises to Exchange ; 18. Liability for Breach of Contract ; V UNJUST ENRICHMENT ; 19. The Principle against Unjustified Enrichment ; 20. Restitution without Enrichment? ; 20. Remedies in Restitution

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Book SynopsisIn 1881 The Factory Act was passed producing the first official definition of 'factories' in modern Indian history, as workplaces using steam power and regularly employing over 100 workers. In 1891, the Factory Act was amended: factories were redefined as workplaces employing over 50 workers and women mill-workers were brought within its ambit.Table of ContentsAcknowledgements Introduction PART I THE BIRTH OF FACTORY REGULATION 1. Imperial Entanglements 2. The Emergence of Factory Law: Bombay, 1874-81 PART II THE LIFE OF A LAW 3. The Work of Law: Factory Inspection in Bombay, 1881-7 4. Law, Age, and the Factory Child PART III FACTORY LAW AND INDUSTRIAL POLITICS 5. The Antinomies of Industrial Relations, 1884-95 6. Snapping the Tie: Chronicles of the Plague Years, 1896-8 Conclusion Select Bibliography Index About the Author

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Book SynopsisA new edition, with translation, introduction, commentary, and interpretative essays, of the Lex Portorii Asiae - the regulations drawn up over nearly two centuries for the customs dues of the rich province of Asia (western Turkey).Trade Reviewmust now be regarded as the standard work for all questions surrounding the inscription * Sven Gunther, The Classical Review *Table of ContentsINTRODUCTION ; TEXT AND TRANSLATIONS ; COMMENTARY ; INTERPRETATIVE ESSAYS ; Geography, Politics and Imperialism in the Asian Customs Law ; The Lex Portorii Asiae and Financial Administration ; The Elaboration and Diffusion of the Text of the Monumentum Ephesenum ; Nero's Reforms of Vectigalia and the Inscription of the Lex Portorii Asiae ; The Social World of Tax Farmers and their Personnel

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Book SynopsisIn the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England (1765-9). He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.Table of ContentsA COMMENT ON THE COMMENTARIES; A FRAGMENT ON GOVERNMENT

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Book SynopsisOxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.Table of Contents1. Reason-Giving and the Law ; 2. The Standard Picture and Its Discontents ; 3. Legal Judgments as Plural Acceptance of Norms ; 4. Rule-Scepticism Restated ; 5. Can There be a Written Constitution? ; 6. The Rules of Trial, Political Morality and the Costs of Error: Or, Is Proof Beyond a Reasonable Doubt Doing More Harm than Good? ; 7. Self-Defense: The Imminence Requirement ; 8. Criminal Law, Philosophy, and Psychology: Working At the Cross-roads

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Book SynopsisThis concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly''s scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, thTrade Review[Brierly's Law of Nations] is compact, concise and erudite. Above all, it is distinguished among law books for its clarity and simplicity of expression... This classic text has been rendered brilliantly up to date to create a readable and authoritative work of reference for general readers as well as lawyers and law students. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *...an inspired and very impressive work indeed...If the chief qualities that made Brierly stand out were its straightforward and fluent prose, a balanced choice of topics discussed, and above the hopeful and humane - yet unfailingly sober - assessment of the role of international law in the world community by which the analysis was underlain, then these qualities have been admirably preserved and in fact honed to perfection. * Eirik Bjorge, Law Quarterly Review *The excellence of these new editions of Brierly and Brownlie is unquestionable. Both student and hardened old-hand - and those in between - will find much in them that is challenging and memorable. This reflects the extraordinary abilities of both the original authors and the new editors. The books are also, as before, complementary (and will continue to be found as close companions on the library bookshelf). Anyone coming new to international law who reads both will acquire a rounded picture of the modern role and rules of public international law. Each is highly recommended, indeed essential for any law library. Given their competitive price, they are also suitable additions for any private collection of public international law books. * Omri Sender and Michael Wood, The American Journal of International Law *You do want a copy of this. You know you do. This would make a great holiday gift for your favorite international lawyer too, and we just can't say that about most law books. Grab a hot cup of tea, build a warm fire, and enjoy some time with a classic text on international law. * Mark Wojcik, International Law Prof Blog *Table of ContentsPreface To The First Edition ; Preface To The Seventh Edition ; 1. The Origins of International Law ; 2. The Basis of Obligation In International Law ; 3. The Legal Organization of International Society ; 4. States ; 5. The Territory of States ; 6. Jurisdiction ; 7. Treaties ; 8. International Disputes and the Maintenance of International Peace and Security ; 9. Resort to Force

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Book SynopsisShedding new light on the foundations of European competition law, this volume is a legal and historical study of the emerging law and its evolution through the 1980s. It retraces the development and critical junctures of competition law not only at the level of the European Economic Community but also at the level of major Member States of the EEC. Intensely researched and rich with insights, the chapters in this volume reflect a close collaboration among an expert group of lawyers and historians and capitalize on previously unavailable source materials. The book examines several key themes including: the influence of national and international competition law on the development of EEC competition law; the drafting of the regulations that lead to the development of modern EU competition law; the role of the European Court of Justice in establishing the protection of competition as a central pillar of the Common Market; the internal dynamics, ideologies and tensions within the Competition Directorate General (DG IV) of the European Commission; and the role of industrial policy in European integration.Combining legal analysis with a meticulous excavation of historical evidence to reveal the forces driving key actors and the interactions among them, this volume rediscovers a past largely forgotten but essential to understanding the genesis of competition law in Europe, its role in Europe''s construction, its hybrid institutional traits, and its often unique substance.Table of ContentsIntroduction ; 1. Recent Reforms of EU Competition Law and their Historical Foundations ; 2. The Evolution of the Law on Art 81 and Art 82: Ordoliberalism and its Keynesian Challenge ; 3. The Drafting and the Role of Regulation 17: A Fragile Balance ; 4. National Traditions of Competition Law: Europeanization through Convergence? ; 5. American Influences on EU Competition Law: Two Paths, How Much Dependence? ; 6. Competition Law and Industrial Policy: Imperfect Harmony ; 7. Towards a Concept of a Workable European Competition Law: Revisiting the Formative Period

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Book SynopsisOxford Studies in the Philosophy of Law is an annual forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.Table of Contents1. Political Authority and Political Obligation ; 2. How to Hold the Social Fact Thesis: A Reply to Greenberg and Toh ; 3. John Austin on Punishment ; 4. Publicity and the Rule of Law ; 5. Hart and Kelsen on International Law ; 6. Relational Reasons and the Criminal Law ; 7. Fairness and the Justifying Aim of Punishment ; 8. The Embedding Social Context of Promises and Contracts ; 9. Legal Sex

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Book SynopsisChief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall''s great truths have been supplanted by originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed as it was in the eighteenth century--that judges must adhere to the original understandings of the founding law. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall''s vision. They describe their approach as constitutional fidelity--not to the indecipherable intent of the framers, but to the principles of the Constitution. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it

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Book SynopsisWhen South Africa''s apartheid government charged Nelson Mandela with planning its overthrow in 1963, most observers feared that he would be sentenced to death. But the support he and his fellow activists in the African National Congress received during his trial not only saved his life, but also enabled him to save his country. In Saving Nelson Mandela, South African law expert Kenneth S. Broun recreates the trial--called the Rivonia Trial after the Johannesburg suburb where police seized Mandela. Based upon interviews with many of the case''s primary figures and portions of the trial transcript, Broun situates readers inside the courtroom at the imposing Palace of Justice in Pretoria. Here, the trial unfolds through a dramatic narrative that captures the courage of the accused and their defense team, as well as the personal prejudices that colored the entire trial. The Rivonia trial had no jury and only a superficial aura of due process, combined with heavy security that symbolized Trade ReviewFascinating account, full of fresh, eye-opening material * Sunday Times {Culture} *[a] meticulous reconstruction * Stephen Robinson, The Sunday Times {Culture} *Table of ContentsIntroduction ; 1. The Trial Begins ; 2. Arrests and Escapes ; 3. The Lawyers and the Judge ; 4. South Africa and the World React ; 5. Preparing for Trial ; 6. A Pyrrhic Victory ; 7. The Case for the Prosecution ; 8. Mandela Speaks to the Court ; 9. The Other Defendants Make Their Case ; 10. Arguments ; 11. Pressures from Outside the Courtroom ; 12. Judgment and Sentencing ; 13. South Africa and the World React ; 14. Thinking about the Judgment and Sentence ; 15. Life After the Rivonia Trial ; 16. What Rivonia Meant for South Africa and the World ; Primary Sources ; Other Sources ; Notes

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Book SynopsisWilliam E. Nelson''s first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain''s thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilarities from the initial settlement of America until approximately 1660. In this new volume, Nelson brings the discussion forward, covering the years from 1660, which saw the Restoration of the British monarchy, to 1730. In particular, he analyzes the impact that an increasingly powerful British governTrade Review"This volume continues a multi-volume history of the common law in America by our greatest authority on the foundations of the American legal system. Like his other work, it is the product of unmatched meticulous research into the archival record of legal institutions as they affected the lives of ordinary Americans - male and female, white and black, powerful and weak. It is as much a human study as it is an institutional one, and it takes its well-earned place as a classic in legal history." - David Thomas Konig, Professor of History and Professor of Law at Washington University in St. LouisTable of ContentsTABLE OF CONTENTS ; INTRODUCTION ; I. DUTCH AND PURITAN LAW IN NEW NETHERLAND ; A. The Dutch Legal System of New ; B. "Rude, Untechnical" Law in the Early English Settlements ; II. NEW YORK: THE PERSISTENCE OF DUTCH AND PURITAN ; A. The Persistence of Dutch Law along the Upper Hudson ; B. New England Law on the Islands and in Westchester ; III. NEW YORK: THE TRIUMPH OF THE COMMON LAW ; A. The Emergence of Common Law in New York City ; B. The Triumph of Common Law in the Colony at Large ; IV. COMMON LAW IN THE CITY-STATE OF CHARLESTON, SOUTH CAROLINA . ; A. The Success and Failure of Ashley's Plans ; B. Creating Law ; C. The End of the Proprietary Regime and the Beginning of Royal Government ; V. POLITICIZING THE COURTS AND UNDERMINING THE LAW IN NORTH CAROLINA ; A. The Colony on the Albemarle Sound ; B. The Judicial System's Collapse ; VI. PENNSYLVANIA: GOVERNMENT BY JUDICIARY ; A. The Immediate Adoption of the Common Law ; B. The Disempowerment of Juries ; C. Law, Order, and Stability ; D. Explaining Hegemony ; VII. DELAWARE AND NEW JERSEY: A MICROCOSM OF THE COLONIAL NORTH ; A. Delaware ; B. East Jersey ; C. West Jersey ; D. New Jersey ; VIII. CONCLUSION: THE COMMON LAW AS MECHANISM OF GOVERNANCE

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Book SynopsisA reevaluation of an infamous Supreme Court decision that provides a compelling survey of the history and background of Lochner v New York. It argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.Trade Review"As every law student knows, Lochner was a case in which a court packed with business sympathizers stuck it to the little guy in a shameless display of judicial activism. But, like a surprisingly large number of things everyone knows, this conventional wisdom is almost entirely wrong, and David E. Bernstein's new book, Rehabilitating Lochner, makes clear just how wrong it is - and how and why the Lochner narrative became established in the legal academy.... The false narrative of Lochner has controlled the past for decades but Bernstein's clear and incisive work may wrest that control away and move us back to the truth." (Glenn Reynolds, Commentary) "David E. Bernstein attempts the grand task of 'correcting decades of erroneous accounts' and succeeds with aplomb, and notable timeliness. The story of how Joseph Lochner fought legislators and unions to bake his goods in freedom goes especially well with tea." (National Review) "David E. Bernstein takes issue with conventional wisdom and argues that if one understands the larger context and broader stream of historical development, Lochner was a 'good law' at the time and, despite the fact that it was overruled, its core principles remain good constitutional law today. This is a delightful and informative book that deserves a broad audience." (Choice)"

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Book SynopsisProvides a survey of the history and background of Lochner versus New York. This title argues that the decision was well grounded in precedent - and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents.Trade Review"An exhilarating book full of interesting new perspectives. Rehabilitating Lochner will change the way people think about the transition from the late nineteenth century to the modern New Deal and Civil Rights regime. It does what good revisionist history should do: see what is familiar in new ways." (Jack M. Balkin, Yale Law School)"

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Book SynopsisReassessing the relationship between English literature and law from More to Shakespeare and Webster, the author shows that where literary texts attend to jurisdiction, they dramatize how boundaries and limits are the very precondition of law's power.

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Book SynopsisHow did the US judiciary become so powerful-powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? This title deals with these questions.Trade Review"With The Cloaking of Power, Paul O. Carrese has established himself as a first-rate scholar working at the intersection of political philosophy and judicial politics.... This book should be of interest even to those who disagree with his prescriptions for contemporary American judicial power." (Claremont Review of Books)"

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Book SynopsisAncient Mesopotamia, the fertile crescent between the Tigris and Euphrates rivers in what is now western Iraq and eastern Syria, is considered to be the cradle of civilization - home of the Babylonian and Assyrian empires, as well as the great Code of Hammurabi. This book focuses on the legal systems of Old Babylonian Mesopotamia.Trade Review"Charpin is to be congratulated, for he has furthered considerably our understanding of an important period in Mesopotamian history." - Journal of the American Oriental Society"

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Book SynopsisA little over a century ago, there was no such thing as international justice, and until recently, the idea of permanent international courts and formal war crimes tribunals would have been almost unthinkable. This title tells the story of the long struggle to craft the concept of international justice that we have today.Trade Review"In a tour de force, Dorothy V. Jones exhumes from musty annals totally forgotten figures in the quest for international justice." (World Policy Journal)"

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Book SynopsisOffers persuasive research to show that the almost universally accepted narrative of market failure - broadly similar across financial crises - is formulated by political actors hoping to deflect blame from prior policy errors. It shows that lax regulation was not a substantial cause of the financial problems of the Great Depression.Trade Review"Mahoney casts the foundational securities laws of the New Deal in a completely different light, going behind the assertions of contemporary commentators and providing compelling evidence that we ought to question their accuracy. This is a truly important book and a timely addition of a powerful contrarian view to today's policy discussions that tend to have a one-sided focus on the need for expanded regulation without regard to whether there is any supporting evidence for proposed policies." (Roberta Romano, Yale Law School)

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