Legal history Books

Book SynopsisSupreme Court advocate Bessie Margolin (1909-1996) molded modern American labor policy while creating a space for female lawyers in the nation's high courts. In this comprehensive biography, Marlene Trestman reveals the forces that shaped Margolin's remarkable journey.

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Book SynopsisThis study refutes the vision of the USA's stateless past by documenting America's long history of government regulation in the areas of public safety and health, political economy and property, and morality. Challenging the myth of individualism, the author explores the commitment to public duty.

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Book SynopsisAn interpretation of the history of inheritance among the English gentry and aristocracy. The text argues that one of the principal and determinative features of upper-class inheritance was the virtual exclusion of females from land holding.

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Book SynopsisFeaturing more than one hundred photographs, complete indexed lists of full-time faculty members and deans, and identification of numerous ‘firsts’ in the law school’s history, this detailed commemoration is a testament to the faculty, staff, students, and alumni who have paved the way for future generations.Table of Contents Foreword: A Message from the Dean Preface Acknowledgments Part One: Timeline of Southern Illinois University School of Law, 1972-2023 1. 1972-1979 2. 1980-1989 3. 1990-1999 4. 2000-2009 5. 2010-2019 6. 2020 and Beyond Part Two: Images of Southern Illinois University School of Law, 1972-2023 Faculty and Staff Law School Life and Activities Appendix A: Deans, 1972-2022 Appendix B: Full-Time Faculty Members, 1973-2022 Index

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Book SynopsisWhat does it mean to talk about law as theater, to speak about the performance of transactions as mundane as the sale of a pig or as agonizing as receiving compensation for a dead kinsman? In Dark Speech, Robin Chapman Stacey explores such questions by examining the interaction between performance and law in Ireland between the seventh and ninth centuries.Exposing the inner workings of the Irish legal system, Stacey examines the manner in which publicly enacted words and silences were used to construct legal and political relationships in a society where traditional hierarchies were very much in flux.Law in early Ireland was a verbal art, grounded as much in aesthetics as in the enforcement of communal norms. In contrast with modern law, no sharp distinction existed between art and politics. Visualizing legal events through the lens of procedure, Stacey helps readers recognize the creative, fluid, and inherently risky nature of these same events.While many hTrade Review"An extremely important, learned, and very thoughtful book that addresses a central issue . . . being hotly debated across the social scientific spectrum, among historians, anthropologists, sociologists, and others: the significance of language and performance in understanding traditional societies generally." * Patrick Geary, University of California, Los Angeles *"The best history book I have read in a very long time. It is full of important ideas based on impressive research expressed in prose that is not dark but clear and amiable." * Law and History Review *Table of ContentsIntroduction Chapter One: The Play's the Thing Chapter Two: Jurists on Stage Chapter Threee: The Power of the Word Chapter Four: Voicing Over Chapter Five: Voices Within the Law Conclusion: The Dangers of Performance List of Abbreviations Notes Bibliography Index Acknowledgments

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Book SynopsisOffers an insider’s account of the case of Freddie Lee Pitts and Wilbert Lee, two Black men who were wrongfully charged and convicted of the murder of two white gas station attendants in Port St. Joe, Florida, in 1963, and sentenced to death.

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Book SynopsisThe Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. This edition offers a complete text of The Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and commentary.

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Book SynopsisIn eighteenth-century England, the institution of marriage became the subject of heated debates, as clerics, jurists, legislators, philosophers, and social observers began rethinking its contractual foundation. Public Vows argues that these debates shaped English fiction in crucial and previously unrecognised ways.

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Book SynopsisAnalysing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why.Table of Contents List of Figures List of Tables Acknowledgments 1. Introduction 2. Dissenting Behavior on the United States Supreme Court 3. Endeavoring to Accommodate: Dissent Coalition Behavior 4. Intra-Court Dialogue: Contemporaneous Effect of Dissents on Majority Opinions 5. Judicial Conversations Through Time: The Influence of Dissents on Future U.S. Supreme Court Majority Opinions 6. Conclusion Notes References

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Book SynopsisAnalysing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why.Table of Contents List of Figures List of Tables Acknowledgments 1. Introduction 2. Dissenting Behavior on the United States Supreme Court 3. Endeavoring to Accommodate: Dissent Coalition Behavior 4. Intra-Court Dialogue: Contemporaneous Effect of Dissents on Majority Opinions 5. Judicial Conversations Through Time: The Influence of Dissents on Future U.S. Supreme Court Majority Opinions 6. Conclusion Notes References

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisNo American city's history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America's most privileged community of people of African descent. This book deals with this topic.Trade Review"Between 1791 and 1812, as New Orleans was transformed by the consequences of the Haitian Revolution and the Louisiana Purchase, the city's free people of color fought to establish and defend their freedoms and to protect their property rights. Despite facing a legal, political, and social system that was increasingly hostile to their interests, this book demonstrates how they successfully utilized the court system to carve out a space for themselves within New Orleans' racial hierarchy. Most importantly, Aslakson's exhaustive examination of the records of the New Orleans City Court reveals the ways in which free people of color participated in the continuous project that was race making in the early republic." -- Jennifer M. Spear,Simon Fraser University"Historians are fond of spotlighting the role of 'human agency' in making history. Kenneth Aslakson is one of those rare scholars who actually map out its modus operandiin this case, in the courtrooms of New Orleans, where free people of color used jurisprudence to defend their rights and, unwittingly, erect a tripartite racial order that was Caribbean before it was American. Aslaksons research is superb, his writing unfailingly clear, his arguments smart and crisp. Making Race in the Courtroom joins a lengthening bookshelf that is changing how we think about race in America." -- Lawrence N. Powell,Tulane University"Kenneth R. Aslaksons insightfulMaking Race in the Courtroomcontributes to our understanding of how civil law and French and Spanish cultural influences helped shape a different set of racial dynamics in one section of American South." * Journal of American History *"Making Race in the Courtroomis well written and tightly argued, and it contains much for historians of southern race law." * Journal of Southern History *"Aslaksons book deserves praise for his strong organizational structure, clear writing style, and useful descriptions of thevarious elements of Louisianas cosmopolitan social and legal arenas." * William and Mary Quarterly *Table of ContentsContents Acknowledgments ix Introduction 1 1. The Gulf and Its City 17 2. A Legal System in Flux 44 3. "We Shall Serve with Fidelity and Zeal" 67 4. Outside the Bonds of Matrimony 98 5. Owning So as Not to Be Owned 127 6. "When the Question Is Slavery or Freedom" 153 Epilogue: From Adele to Plessy 185 Notes 191 Index 241 About the Author 249

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Book SynopsisA groundbreaking analysis of how gendered oppression is written into the American legal systemLaw, Gender, and Injustice: A Legal History of U.S. Woman is a landmark study of how women remain second-class citizens under the current legal system. In this widely acclaimed book, Joan Hoff questions whether the continued pursuit of equality based on a one-size-fits-all vision of traditional individual rights is really what will most improve conditions for women in America. Concluding that equality based on liberal male ideology is no longer an adequate framework for improving women''s legal status, Hoff''s highly original and incisive volume calls for a demystification of legal doctrine and a reinterpretation of legal texts (including the Constitution) to create a feminist jurisprudence.Trade Review"A fascinating social history of women's rights, centered on a lengthy and discouraging series of constitutional confrontations .... a remarkably complete accounting of a historical trail that shape us all .... Law, Gender, and Injustice is an elegant example of the very best in feminist theorizing." -- Patricia J. Williams * Women's Review of Books *"Joan Hoff's legal history of U.S. women is a provocative, comprehensive, and realistic reinterpretation of women's legal status during the entire period of U.S. history. The book is sure to stimulate controversial reassessments of women's experience with the legal system." -- Mary Frances Berry,Geraldine R. Segal Professor of History, University of Pennsylvania"Requisite for establishing women's legal history as a field. . . . Hoff's work is pivotal for both its conceptualization of the issues and its periodization of the field. . . . In contending with law as it was as well as with law as it is and ought to be, Hoff not only synthesizes recent scholarship, but she also charts new territory especially with regard to a chronological framework." -- Norma Basch * The Journal of Women's History *"A brilliant, original, and thought-provoking book must reading for anyone interested in the full emancipation of women." * Ms. Magazine *

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Book SynopsisContains over 100 personal narratives from attorneys who have represented detainees held at 'Gitmo' as well as at other 'black sites' such as Bagram Air Base in Afghanistan.Trade ReviewPerhaps the appeal to enlightened national interest was the best strategic means of accelerating the end of Guantánamo; but it necessarily de-emphasized in the public discourse the great cost imposed on the detainees. The many stories told in The Guantánamo Lawyers, which make Guantánamos human cost much more tangible, go some way towards redressing this. * Concurring Opinions *A critically important and inspired project. . . . Guantánamo from the point of view of the habeas lawyersthose courageous men and women who have stood up for the rule of law, the constitution and human rights as they represented the detainees beginning in December, 2001. -- Peter Jan Honigsburg,author of Our Nation, Unhinged: The Human Consequences of the War on TerrorFinally, the silence surrounding Guantánamo has been broken. Person by person, through the eyes of their civilian and military defense attorneys, the Guantánamo detainees have found a voice. This collection of stories underscores the valiant efforts of these lawyers and the intentional cruelty of the Bush administrations legal obstructiveness which withheld due process and imposed intolerable conditions upon hundreds of detainees. Readable, heartbreaking and expansive in its intimate detail, Hafetz and Denbeauxs volume is an invaluable contribution to the history of Guantánamo. -- Karen Greenberg,author of The Least Worst Place: Guantánamos First 100 DaysOne of the most inspiring features of the post-9/11 world has been the willingness of lawyers from all walks of life to volunteer to represent those condemned to indefinite detention at Guantánamo. This book provides an invaluable birds-eye view of what its like to fight for justice in a law-free zone, representing men who the government has labeled the worst of the worst. -- David Cole,author of Justice at War: The Men and Ideas that Shaped Americas War on TerrorThe narratives are excellent and very powerful, and provide an insightful view into what it is like to be a prisoner at Guantánamo and the challenges and emotional experiences in representing those prisoners. -- Jules Lobel,co-author of Less Safe, Less Free: Why America is Losing the War on TerrorThis is a fascinating and revealing behind-the-scenes account of the human stories inside Guantánamo, told candidly by some of Americas best, and most public-spirited, lawyers. -- Jane Mayer,author of The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals“The most compelling reason to read is that the legal questions created by Guantanamo have not yet been fully resolved. President Obama’s promise to close the prison has so far gone unfulfilled, and John Paul Stevens, who will perhaps be remembered more for his writings on Guantanamo than any other subject, will leave the Court at the end of this term. No matter how the Guantanamo question is resolved, historians will no doubt benefit from Denbeaux and Hafetz’s excellent book. -- Tyler D. Helmond, in The Champion (NACDL)The desperate words, quoted here, of Gitmo detainees on torture grab the heart and do not let go. This compelling book on the American penal colony and its residents is a cautionary tale of overzealous executive wartime power and the awful mess it sometimes leaves behind. * Publishers Weekly *This collection of stirring narrative, government data and testimony, edited by two of the lawyers for those detained by the Bush administration as unlawful combatants at Guantánamo, puts America on notive about the issues of civil liberties and constitutional freedoms * Publishers Weekly *A new and remarkable book... made up of the written accounts by more than a hundred of the lawyers who provide detailed accounts of their meetings with their clients inside the prison... an informative and telling chronicle of what Guantanamo is really like... * The New York Times *[M]akes for gripping if somber reading. . .They have produced a book that will make other lawyers vicariously proud. * TimesOnline *The Guantánamo Lawyers is a powerful and important book. These first-hand accounts strip way much of the veneer that has encased tepid and lifeless news stories of what has happened at Guantanamo and elsewhere. This behind-the-scenes look at these brave lawyers and abused detainees is fascinating and revealing. * TruthOut *A valuable contribution to the record of an unfinished story bound to reverberate for years to come. * Kirkus Reviews *In this admirable compliation, Mark P. Denbeaux, a professor at Seaton hall University School of Law and Jonathan Hafetz, a staff attorney at the ACLU’s National Security Project, have explored one of this generation’s great moral questions by assembling first-person reports from over 100 attourneys who represent prisoners held at Guantanamo Bay.” * New York Law Journal *This volume is as chilling an indictment of the executive's disdain for the rule of law as could be imagined…. The details of what passes for law in Guantánamo will shock readers familiar with any concept of due process…. The skill, courage and resourcefulness of the unofficial Guantánamo Bay Bar Association give us genuine cause for pride in lawyers. * New York Law Journal *Provides an invaluable perspectiveor more accurately, perspectives, since more than one hundred lawyers contributed to the volume. These men and women, all working for nothing, have gained intimate access to those whom the United States sought to keep hidden behind strictly closed doors.The stories these lawyers have been able to tell, adroitly edited by Mark Denbeaux and Jonathan Hafetz, offer a multifaceted portrait of life on the base. * New York Review of Books *Table of ContentsIntroduction Mark P. Denbeaux and Jonathan Hafetz Prelude 1 Representing the "Worst of the Worst" How and Why the Lawyers Started Representing Detainees 2 Getting behind the Wire Rasul/Al Odah: The Right to Representation 3 Uncovering Guantanamo's Human Face First Impressions Rendered: How the Detainees Got to Guantanamo Female Attorneys Family Members Interpreters 4 Red Tape and Kangaroo Courts Barriers to Representation The No-Hearing Hearings: Combatant Status Review Tribunals Military Commissions Political Maneuvering Boumediene v. Bush: The Death Knell for Prisons beyond the Law 5 Tortured A Product of Torture Culture Reactions Hunger Strikes Suicides 6 Alternative Forms of Advocacy 7 Leaving Guantanamo Stuck in Limbo Out but Not Free Happy Endings? 8 Guantanamo beyond Cuba: A Global Detention System outside the Law Guantanamo Comes to America Black Sites Coda Timeline: Guantanamo and the "War on Terror" Contributors

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Book SynopsisContains over 100 personal narratives from attorneys who have represented detainees held at "Gitmo" as well as at other "black sites" such as Bagram Air Base in AfghanistanTrade ReviewPerhaps the appeal to enlightened national interest was the best strategic means of accelerating the end of Guantánamo; but it necessarily de-emphasized in the public discourse the great cost imposed on the detainees. The many stories told in The Guantánamo Lawyers, which make Guantánamos human cost much more tangible, go some way towards redressing this. * Concurring Opinions *A critically important and inspired project. . . . Guantánamo from the point of view of the habeas lawyersthose courageous men and women who have stood up for the rule of law, the constitution and human rights as they represented the detainees beginning in December, 2001. -- Peter Jan Honigsburg,author of Our Nation, Unhinged: The Human Consequences of the War on TerrorFinally, the silence surrounding Guantánamo has been broken. Person by person, through the eyes of their civilian and military defense attorneys, the Guantánamo detainees have found a voice. This collection of stories underscores the valiant efforts of these lawyers and the intentional cruelty of the Bush administrations legal obstructiveness which withheld due process and imposed intolerable conditions upon hundreds of detainees. Readable, heartbreaking and expansive in its intimate detail, Hafetz and Denbeauxs volume is an invaluable contribution to the history of Guantánamo. -- Karen Greenberg,author of The Least Worst Place: Guantánamos First 100 DaysOne of the most inspiring features of the post-9/11 world has been the willingness of lawyers from all walks of life to volunteer to represent those condemned to indefinite detention at Guantánamo. This book provides an invaluable birds-eye view of what its like to fight for justice in a law-free zone, representing men who the government has labeled the worst of the worst. -- David Cole,author of Justice at War: The Men and Ideas that Shaped Americas War on TerrorThe narratives are excellent and very powerful, and provide an insightful view into what it is like to be a prisoner at Guantánamo and the challenges and emotional experiences in representing those prisoners. -- Jules Lobel,co-author of Less Safe, Less Free: Why America is Losing the War on TerrorThis is a fascinating and revealing behind-the-scenes account of the human stories inside Guantánamo, told candidly by some of Americas best, and most public-spirited, lawyers. -- Jane Mayer,author of The Dark Side: The Inside Story of How The War on Terror Turned into a War on American Ideals“The most compelling reason to read is that the legal questions created by Guantanamo have not yet been fully resolved. President Obama’s promise to close the prison has so far gone unfulfilled, and John Paul Stevens, who will perhaps be remembered more for his writings on Guantanamo than any other subject, will leave the Court at the end of this term. No matter how the Guantanamo question is resolved, historians will no doubt benefit from Denbeaux and Hafetz’s excellent book. -- Tyler D. Helmond, in The Champion (NACDL)The desperate words, quoted here, of Gitmo detainees on torture grab the heart and do not let go. This compelling book on the American penal colony and its residents is a cautionary tale of overzealous executive wartime power and the awful mess it sometimes leaves behind. * Publishers Weekly *This collection of stirring narrative, government data and testimony, edited by two of the lawyers for those detained by the Bush administration as unlawful combatants at Guantánamo, puts America on notive about the issues of civil liberties and constitutional freedoms * Publishers Weekly *A new and remarkable book... made up of the written accounts by more than a hundred of the lawyers who provide detailed accounts of their meetings with their clients inside the prison... an informative and telling chronicle of what Guantanamo is really like... * The New York Times *[M]akes for gripping if somber reading. . .They have produced a book that will make other lawyers vicariously proud. * TimesOnline *The Guantánamo Lawyers is a powerful and important book. These first-hand accounts strip way much of the veneer that has encased tepid and lifeless news stories of what has happened at Guantanamo and elsewhere. This behind-the-scenes look at these brave lawyers and abused detainees is fascinating and revealing. * TruthOut *A valuable contribution to the record of an unfinished story bound to reverberate for years to come. * Kirkus Reviews *In this admirable compliation, Mark P. Denbeaux, a professor at Seaton hall University School of Law and Jonathan Hafetz, a staff attorney at the ACLU’s National Security Project, have explored one of this generation’s great moral questions by assembling first-person reports from over 100 attourneys who represent prisoners held at Guantanamo Bay.” * New York Law Journal *This volume is as chilling an indictment of the executive's disdain for the rule of law as could be imagined…. The details of what passes for law in Guantánamo will shock readers familiar with any concept of due process…. The skill, courage and resourcefulness of the unofficial Guantánamo Bay Bar Association give us genuine cause for pride in lawyers. * New York Law Journal *Provides an invaluable perspectiveor more accurately, perspectives, since more than one hundred lawyers contributed to the volume. These men and women, all working for nothing, have gained intimate access to those whom the United States sought to keep hidden behind strictly closed doors.The stories these lawyers have been able to tell, adroitly edited by Mark Denbeaux and Jonathan Hafetz, offer a multifaceted portrait of life on the base. * New York Review of Books *Table of ContentsIntroduction Mark P. Denbeaux and Jonathan Hafetz Prelude 1 Representing the "Worst of the Worst" How and Why the Lawyers Started Representing Detainees 2 Getting behind the Wire Rasul/Al Odah: The Right to Representation 3 Uncovering Guantanamo's Human Face First Impressions Rendered: How the Detainees Got to Guantanamo Female Attorneys Family Members Interpreters 4 Red Tape and Kangaroo Courts Barriers to Representation The No-Hearing Hearings: Combatant Status Review Tribunals Military Commissions Political Maneuvering Boumediene v. Bush: The Death Knell for Prisons beyond the Law 5 Tortured A Product of Torture Culture Reactions Hunger Strikes Suicides 6 Alternative Forms of Advocacy 7 Leaving Guantanamo Stuck in Limbo Out but Not Free Happy Endings? 8 Guantanamo beyond Cuba: A Global Detention System outside the Law Guantanamo Comes to America Black Sites Coda Timeline: Guantanamo and the "War on Terror" Contributors

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Book SynopsisAn exploration of feminist legal history in America, covering two centuries of American historyTrade ReviewWell worth reading...the variety of topics, perspectives, and outlooks confirms the richness and complexity of the field of women's history. * The Journal of American History *An exciting, interdisciplinary collection of original articles that demonstrates the complex and dynamic interplay among history, law, and gender. This volume will help historians think more practically about legal change, challenge law professors and legal professionals to employ history with greater care, and provide all readers with fresh perspectives on interrelationships between women and the law, past and present but with an eye on the future. -- Leigh Ann Wheeler,author of Against Obscenity: Reform and the Politics of Womanhood in America, 1873-1935These essays clearly indicate where women’s legal history has been and anticipate where it is going based on the various kinds of feminism that emerged in the course of the twentieth century. They constitute the most comprehensive review to date of the role that gender issues have played and will continue to play in the enduring historical struggle to reconcile female and male legal rights in the United States well into the twenty-first century. -- Joan Hoff,author of Law, Gender, and Injustice: A Legal History of U.S. WomenTable of ContentsForeword Reva Siegel Preface Tracey Jean Boisseau Introduction: Law, History, and Feminism Tracy A. Thomas and Tracey Jean BoisseauPart I: Contradictions in Legalizing Gender 1 Courts and Temperance "Ladies" Richard H. Chused 2 Women behind the WheelGender and Transportation Law, 1860-1930 Margo Schlanger 3 Expatriation by Marriage The Case of Asian American Women Leti Volpp 4 Made with Men in Mind Melissa Murray 5 Fighting Women Jill Elaine Hasday 6 Irrational Women Maya Manian Part II: Women's Transformation of the Law 7 Elizabeth Cady Stanton and the Notion of a Legal Class of Gender Tracy A. Thomas 8 "Them Law Wimmin" 156 Gwen Hoerr Jordan 9 Legal Aid, Women Lay Lawyers, and the Rewriting of History 1863-1930 Felice Batlan 10 Sisterhood of Struggle Lynda Dodd 11 "Feminizing" Courts Mae C. Quinn 12 Sexual Harassment Carrie N. Baker 13 Ledbetter's Continuum Eileen Boris Selected Bibliography Contributors Index

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Book SynopsisExamines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue.Trade ReviewThis is a fine book built around a fine premise, namely that ordinary readers in Alabama—and elsewhere, but especially in Alabama—should understand the profound impact that Alabama cases have had upon our nation’s laws. Any reader who examines Alabama Justice will understand that in the mid-twentieth century, and beyond, Alabama was an epicenter of American jurisprudence." —Paul M. Pruitt Jr., author of Taming Alabama: Lawyers and Reformers, 1804–1929Table of Contents List of Figures Acknowledgments Introduction Chapter 1. A Moment of Silence: Public School Prayers and Wallace v. Jaffree (1985) Chapter 2. Compelled Disclosure: Freedom of Association and NAACP v. Alabama (1958) Chapter 3. Heed Their Rising Voices: The Actual Malice Test and New York Times v. Sullivan (1964) Chapter 4. Scottsboro: The Right to Effective Counsel and Powell v. Alabama (1932) Chapter 5. Transforming Tuskegee: Racial Redistricting and Gomillion v. Lightfoot (1960) Chapter 6. Equal Protection, Equal Benefits: Women’s Rights and Frontiero v. Richardson (1973) Chapter 7. One Person, One Vote: Legislative Reapportionment and Reynolds v. Sims (1964) Chapter 8. Ollie’s Barbecue: The Commerce Clause and Katzenbach v. McClung (1964) Chapter 9. Revered and Reviled: The Supreme Court Legacies of John McKinley, John Archibald Campbell, and Hugo Black Notes Bibliography Index

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Book SynopsisProvides a penetrating analysis of US Supreme Court justice John McKinley. In providing the first in depth assessment of the life and Supreme Court career of Justice McKinley, Steven Brown has given us a compelling portrait of a man active in the leading financial, legal, and political circles of his day.Trade Review“Professor Steven Brown sets out to rehabilitate McKinley's reputation and historical legacy in this engaging and accessible biography. The portrait that emerges is one of a dedicated public servant and thoughtful jurist, a far cry from the surly and unimpressive caricature that has defined McKinley's modern-day perception. . . . [Brown] also provides a rare look into the workings of the antebellum Supreme Court, particularly the travails of circuit riding prior to the development of a robust interstate transportation infrastructure. . . . Brown persuasively argues that McKinley's career and legacy deserve another look.”—Harvard Law Review “Steven Brown's splendid new work is the only book-length account of the Alabama Justice's life and years of public service--not only as a Justice, but as a practicing attouney, state legislator, state university trustee, member of the U.S. House of Representatives, and U.S. Senator. The book refutes the usual assessment that McKinley was at best a very average jurist who failed to carry his share of the judicial burden and was unable to hold his own among his judicial colleagues.”—Journal of Supreme Court History “Students of southern history and Alabama history, as well as legal scholars and the state and national legal communities, will appreciate this longoverdue revision of Justice John McKinley’s historical reputation. With this book, Steven Brown has established himself as the authority on the life and times of Justice McKinley and, to a significant degree, the antebellum US Supreme Court.”—R. Volney Riser, author of Defying Disfranchisement: Black Voting Rights Activism in the Jim Crow South, 1890–1908

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Book SynopsisExamines the lives of North Carolina chief justice Richmond Pearson (1805-1878) and South Carolina chief justice John Belton O’Neall (1793-1863) and their impact on the South’s transition from a slave to a free society.

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Book SynopsisFew subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy.Trade Review“This book is beautifully written. Specialists who already know the broad outlines will be interested in learning the Ohio story, and for nonspecialists, the book will be an engaging introduction to the subject.”“No Winners Here Tonight is a sophisticated and critical analysis of Ohio’s death penalty system in the post-Furman era. Among the book’s many strengths is its focus on the shortcomings built into Ohio’s death penalty statute that render it unable to deliver fair and impartial justice.” * Northwest Ohio History *“I highly recommend this book to academic law libraries, especially those that support victim’s rights clinics or innocence projects. I also recommend it for prison libraries.” * Law Library Journal *“This book seeks to document that there is nothing new about the ‘capricious, uneven’ way in which the death penalty is meted out. Welsh-Huggins makes this case anecdotally, recalling case-by-case problems that have plagued and continue to plague Ohio’s death penalty system.” * Choice *“In his groundbreaking new book, No Winners Here Tonight, Associated Press reporter Andrew Welsh-Huggins examines Ohio’s death penalty from a historical perspective and concludes we’ve been asking the wrong questions. The point, Welsh-Huggins tells us, is not whether capital punishment is moral but if it’s fair…. No Winners Here Tonight (should be) required reading for death penalty opponents and supporters alike.” * The Blade *“Welsh-Huggins…crafts his thesis by combining history and law. While incorporating some “classic” sources on the death penalty—Hugu Adam Bedau, William Brennan, Thurgood Marshall, Austin Sarat—Welsh-Huggins maintains a reporter’s objectivity and pens a clear explanation as to why the current death penalty system in Ohio is unfair. This is a book about how Ohio, in many ways, is no different than the rest of the United States in regards to capital punishment: arbitrary.” * Law & Politics Book Review *“Welsh-Huggins has a journalist’s clear style and the advantage of expanding and detailing only one topic…. A recent poll suggested that seventy percent of Ohioans strongly support the death penalty. It would be interesting to frame that survey around some of the questions raised by Welsh-Huggins in his thought-provoking book.” * Columbus Bar Lawyers Quarterly *“This book is an original and important project that makes significant contribution to the field.”

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Book SynopsisGibbons v. Ogden, Law, and Society in the Early Republic examines a landmark decision in American jurisprudence, the first Supreme Court case to deal with the thorny legal issue of interstate commerce.DecidedTrade Review“A highly original and much-needed book that puts Gibbons v. Ogden in historical context.… [A] major contribution to our understanding of a landmark case.”“The Steamboat Case of 1824 is familiar to most historians of the United States, but the background to it is not. Thomas H. Cox has rectified that.… Cox’s monograph is a superb in-depth study of the issues and personalities involved that led in several stages to the Gibbons v. Ogden decision in 1824.” * American Historical Review *“Thomas Cox’s new book…certainly acknowledges that importance (of the legal case), but it goes beyond the case itself to examine the legal, social, business, and technological milieu of the Early Republic.… Cox uses a brisk writing style in his ten short chapters, and so the book is an enjoyable read. The research is impressive, with countless manuscript collections, court cases, and newspaper accounts forming the book’s backbone.” * Business History Review *“Figures such as Robert Fulton, and chancellors Robert R. Livingston and James Kent come alive in these pages, not always in ways that flatter them. This is as it should be.…Prodigious research and meticulous detail are the strengths of this book. The resulting narrative is exhaustive and potentially definitive….” * Law & History Review *“(Gibbons v. Ogden is) a study that reflects extensive research, is rich in detail, and may in certain key respects prove definitive.” * Law & Politics Book Review *“Cox helps us understand why Gibbons is so significant for understanding the constitutional footing for such federal power (regulating interstate commerce) and the wider importance of the decision in U. S. Constitutional history. Perhaps even more importantly, Cox examines the broader historical context out of which Gibbons emerged, especially how steamboat transportation became central to debates about ‘internal improvements’ and the role of the courts in navigating conflicts over the direction of such efforts in the early republic.” * The History Teacher *“The scholarship is very deep and broad.… The tale is important enough and the treatment so well balanced that general readers of American history will find much of use in the work.”

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Book SynopsisIn 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S.Trade Review“(T)hese essays have collectively expanded the context of the case and greatly enriched our understanding of its impact, then and now.… (an) enormously thought-provoking volume.” * Civil War Book Review *“(The Dred Scott Case) conveniently brings together a striking array of important perspectives, both on the nineteenth-century story of Dred Scott itself and on its continuing significance. Scholars and undergraduates alike will find this volume rewarding.” * The Journal of Southern History *

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Book SynopsisIn the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society.Trade Review“(The Jury in Lincoln’s America) provides an excellent account of the legal and social history of the region, especially in McDermott’s analysis of the records of the courts in Illinois and the historiography of the jury system.” * Journal of Illinois History *“This in-depth analysis gives us an unparalleled sense of how juries worked, what juror worked, what juror status meant for the outcome of legal cases…and what it suggests about legal, political, and social culture in this county– and by extension in the larger Midwest. It is an impressive accomplishment.” * The Annals of Iowa *“McDermott’s social history of the jury pushes past hoary glorification of the jury in Anglo-American liberty and digs up social history evidence about the kinds of constituencies that the jury actually represented.” * The Journal of American History *“McDermott’s careful study, based on extensive primary source research…sheds fresh light on the legal history of nineteenth-century America.” * Indiana Magazine of History *“The legal environment that shaped Lincoln provides the context of The Jury in Lincoln’s America, and Lincoln’s experiences with the law as an attorney, a litigant, a judge, and a juror provide a fascinating human connection to the history of law in pre-Civil War Illinois, the Midwest, and America.” * SirReadaLot.org *

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Book SynopsisExplores how Ohiou2009—u2009as a “public enterprise state,” creating state agencies and mobilizing public resources for transport innovation and controlu2009—u2009led in the process of economic change before the Civil War.Trade Review“Ohio Canal Era is a classic that ought to be read in every generation. It’s wonderful to have it back in print.”“The classic study of canal development in the Old Northwest.” * author of Nature's Metropolis: Chicago and the Great West *“A monumental and still definitive study of law and the economy in an American state.”“This is a thoughtful, impressively well-informed, and perceptive study. It presents a careful, balanced, judicious, and non-doctrinaire analysis and discussion of the numerous elements in the economic growth and change in Ohio. It will be welcomed by all students of nineteenth-century United States history, and it ought to be required reading for economists and others who talk glibly about economic development as if it were a simple process.” * Pacific Northwest Quarterly *

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Book SynopsisThe American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up.

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Book SynopsisThe American Civil War was the first military conflict in history to be fought with railroads moving troops and the telegraph connecting civilian leadership to commanders in the field. New developments arose at a moment’s notice. As a result, the young nation’s political structure and culture often struggled to keep up.

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Book SynopsisContributors explore how the end of the Civil War continued the trauma of the conflict and also enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address, particularly when it came to the Fourteenth Amendment.

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Book SynopsisExamines the post-Civil War struggle between competing political and legal interpretations of slavery and reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, this book is useful for legal historians and scholars of constitutional law, and American history.Trade Review“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” - Choice“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” - Mark A. Graber, The Law and Politics Book Review“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” - Nicholas Pedriana, American Journal of Sociology“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” - Bryan H. Wildenthal, H-Net Reviews“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” - Howard Ball, Journal of American History“An exciting theoretical examination. . . . Legal scholars will have to acknowledge the challenge Brandwein poses by treating ‘original intent’ as a social and historical construction.”—Mark Tushnet, Georgetown University Law Center“An important call for the development of a ‘sociology of constitutional law.’ Brandwein forces us to pay more attention to the ways in which the reconstruction of history (in this case, the history of Reconstruction) becomes a vital resource in contemporary constitutional politics.”—Howard Gillman, University of Southern California“Reconstructing Reconstruction is one of the finest meditations on history and law in recent years.” -- Bryan H. Wildenthal * H-Net Reviews *“[A] good read. . . . Reconstructing Reconstruction is a fascinating journey that leads inexorably to [Brandwein’s] closing argument that constitutional law is a ‘culture of argument.’ . . . [H]er examination of the sociology of constitutional law is good reading for judges, lawyers, and students of constitutional law.” -- Howard Ball * Journal of American History *“[A] welcomed . . . critique. . . . Professor Brandwein develops her thesis using an able study of how Americans from Reconstruction to the present have understood the events responsible for the passage of the post-Civil War Amendments.” -- Mark A. Graber * Law and Politics Book Review *“[W]ell-formulated, insightful, and timely. . . . Any sociologist interested in the origins, reproduction, and transformation of social hierarchies must come to terms with this crucial insight about law and patterns of social organization.” -- Nicholas Pedriana * American Journal of Sociology *“Brandwein’s impressive study adds a new dimension to the understanding of Reconstruction ideology and its legacy for future civil rights jurisprudence. . . . Highly recommended.” * Choice *Table of ContentsAcknowledgments 1. Introduction 2. Slavery as an Interpretive Issue in the 39th Reconstruction Congress: The Northern Democrats 3. Republican Slavery Criticism 4. The Supreme Court’s Official History 5. Dueling Histories: Charles Fairman and William Crosskey Reconstruct “Original Understanding” 6. Recipes for “Acceptable” History 7. History as an Institutional Resource: Warren Court Debates over Legislative Apportionment 8. Constitutional Law as a “Culture of Argument”: Toward a Sociology of Constitutional Law 9. Conclusion Notes Bibliography Index

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Book SynopsisExplores the changing meanings of honour in early-20th-century Brazil, a period that saw an extraordinary proliferation of public debates that linked morality, modernity, honour, and national progress. This title reveals how everyday interpretations of honour influenced official attitudes and even the law itself as Brazil attempted to modernise.Trade Review“The author is to be applauded for asking hard questions about the ways in which sexual activity, or the lack thereof, are used to make statements about race and class.”—Jeffrey Lesser, author of Negotiating National Identity: Immigrants, Minorities, and the Struggle for Ethnicity in Brazil“This is an outstanding work both in terms of its highly original research and its very sophisticated interpretation.”—Barbara Weinstein, author of For Social Peace in Brazil: Industrialists and the Remaking of the Working Class in São Paulo, 1920–1964

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Book SynopsisOffering a bold reinterpretation of American legal history, the author argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power.Trade Review“Only One Place of Redress presents a bold reinterpretation of the relationship between governmental regulations of the marketplace and economic opportunity for blacks. Bernstein challenges the conventional wisdom and invites readers to reconsider breezy assumptions about how employment regulations operated.”—James W. Ely, Jr., author of The Guardian of Every Other Right: A Constitutional History of Property Rights“A provocative revisionist overview of legislation regulating labor relations. This will undoubtedly receive a great deal of attention from historians and students of the Constitution, and for good reason.”—Mark Tushnet, author of Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961–1991Table of ContentsPreface xiii Acknowledgments xix Introduction 1 1. Emigrant Agent Laws 33 2. Licensing Laws 121 3. Railroad Labor Regulations 203 4. Prevailing-Wage Laws 275 5. New Deal Labor Laws 353 Documents Section 1: Federal Acts and Resolutions 486 486 Section 2: State Legislation 519 519 Section 3: Municipal Resolutions 537 Section 4: Advocacy and Activism 560 Section 5: Case Studies of Redress 638 Section 6: Lawsuits 661 Selected Bibliography 673 Contributors 683 Acknowledgment of Copyrights 687 687 Index 691

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Book SynopsisCarl Schmitt ranks among the original and controversial political thinkers of the twentieth century. This book contains translations of Schmitt's 1958 commentary on the work, explanatory notes, and an appendix including articles of the Weimar constitution.Trade Review“An English translation of Carl Schmitt’s Legalität und Legitimität is long overdue. Legality and Legitimacy concludes the critique of legal positivism and the rationality of statute law he began in The Crisis of Parliamentary Democracy and Political Theology and does so in the historical context of Weimar’s final crisis. It was an important argument at the time and is just as significant seventy-odd years later.”—Ellen Kennedy, author of Constitutional Failure: Carl Schmitt in Weimar“Carl Schmitt is an unorthodox classic. One of the intellectual grave-diggers of the Weimar Republic, he wrote this brilliant book in the middle of the political crisis, opting for presidential dictatorship. Excellent in its analysis, Legality and Legitimacy is unwise regarding political consequences and without a realistic political vision for the future. This first English-language translation should stimulate European-American dialogue about the vitality of democratic institutions in view of the challenges of antidemocratic and antiliberal temptations.”—Michael Stolleis, University of FrankfurtTable of ContentsTranslator’s Preface / Jeffrey Seitzer ix Identifying or Exploiting the Paradoxes of Constitutional Democracy? An Introduction to Carl Schmitt’s Legality and Legitimacy JOHN P. McCORMICK xiii Legality and Legitimacy Introduction: The Legislative State System of Legality Compared to Other State Types (Jurisdiction, Governmnetal, and Administrative States) / John P. McCormick 3 I: The System of the Legality of the Parliaamentary Legislative State 1. The Legislative State and the Concept of Law 17 2. Legality and the Equal Chance for Achieving Political Power 27 II: The Three Extraordinary Lawgivers of the Weimar Constitution 3. The Extraordinary Lawgiver Ratione Materiae: The Second Principal Part of the Weimar Constitution and a Second Constitution 39 4. The Extraordinary Lawgiver Ratione Supremitatis: Actual Meaning - Plebiscitary Legitimacy instead of Lgislative State Legality 59 5. The Extraordinary Lawgiver Ratione Necessitatis: Actual Meaning - The Administrative State Measure Displaces the Parliamentary Legislative State Statute 67 Conclusion 85 Afterword (1958) 95 Appendix: Selected Articles of the Weimar Constitution 103 Notes 109 Works Cited by Carl Schmitt in Legality and Legitimacy 161 Index 165

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Book SynopsisExplores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.Trade Review"Luck's focus on the phenomenological experience of ownership in the early nineteenth century is new and revealing. Whether looking at the frontier romance, the urban gothic, the domestic novel, or the plantation narrative, Luck convincingly shows how changing notions of property were intimately linked to evolving notions of embodiment and selfhood." -- -David Anthony Southern Illinois University, Carbondale "Written with force and grace, The Body of Property shows how antebellum literature stepped in to address questions that legal thought largely evaded: how do we come to own a thing? Why does property require bodies? Offering us a 'phenomenology of possession' in authors ranging from Brown to Stoddard, from J. P. Kennedy to George Lippard, Chad Luck provides a genuinely new account of the cultural work undertaken by antebellum fiction, as it thinks through embodiment and possession in a range of social locations: frontier, parlor, plantation, cityscape. This is a terrific book, well-researched, theoretically nimble, and full of interpretive insight." -- -Jonathan Elmer Indiana University "Luck combines a truly impressive archive of antebellum writing, legal and cultural history, Enlightenment philosophy, and phenomenology with an innovative methodology to tell a new history of property in American literature and culture -- the history of what property feels like, from the body to the spaces of the home, the plantation, and the city." -- -Jennifer Greiman University at Albany, SUNYTable of ContentsAcknowledgements Introduction - Pierson v. Post and the Literary Origins of American Property American Literature and the Problem of Property Property in Antebellum Culture A Phenomenology of Property The Space of Property Chapter One - Walking the Property: Ownership, Space, and the Body in Motion in Edgar Huntly Condillac's Statue and the Primacy of Touch Touching on the Other: Bodily Frontiers and the Production of Space Walking the Property: Mobility and the Appropriation of Space Chapter Two - Eating Dwelling Gagging: Hawthorne, Stoddard and the Phenomenology of Possession Possession without Acquisition: Eating, Enjoyment, and the "Beginning of Property" Home Bodies: Domestic Space and Possession Proper Mother's Milk: Private Property and the Feminine Economy of the Gift Chapter Three - Anxieties of Ownership: Debt, Entitlement and the Plantation Romance Southern Discomfort: Debt in the Slaveholding South Owning and Owing: Woodcraft and the Phenomenology of Debt Slave Narrative and the Senses of Entitlement The Structure of the Debt: Swallow Barn and the Space of the Plantation Chapter Four - Feeling at a Loss: Theft and Affect in George Lippard A Culture of Theft Distress Signals: Theft, Body, Affect Kleptophobia and the Architecture of Loss Invasion of the Body Snatchers: The Market in the Grave Epilogue - Wisconsin, 2004: Racial Violence and the Bodies of Property Notes Works Cited

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Book SynopsisExplores the embodied aspects of ownership and private property as these emerge in a range of American literary texts across the late eighteenth and early nineteenth century.Trade Review"Luck's focus on the phenomenological experience of ownership in the early nineteenth century is new and revealing. Whether looking at the frontier romance, the urban gothic, the domestic novel, or the plantation narrative, Luck convincingly shows how changing notions of property were intimately linked to evolving notions of embodiment and selfhood." -- -David Anthony Southern Illinois University, Carbondale "Written with force and grace, The Body of Property shows how antebellum literature stepped in to address questions that legal thought largely evaded: how do we come to own a thing? Why does property require bodies? Offering us a 'phenomenology of possession' in authors ranging from Brown to Stoddard, from J. P. Kennedy to George Lippard, Chad Luck provides a genuinely new account of the cultural work undertaken by antebellum fiction, as it thinks through embodiment and possession in a range of social locations: frontier, parlor, plantation, cityscape. This is a terrific book, well-researched, theoretically nimble, and full of interpretive insight." -- -Jonathan Elmer Indiana University "Luck combines a truly impressive archive of antebellum writing, legal and cultural history, Enlightenment philosophy, and phenomenology with an innovative methodology to tell a new history of property in American literature and culture -- the history of what property feels like, from the body to the spaces of the home, the plantation, and the city." -- -Jennifer Greiman University at Albany, SUNYTable of ContentsAcknowledgements Introduction - Pierson v. Post and the Literary Origins of American Property American Literature and the Problem of Property Property in Antebellum Culture A Phenomenology of Property The Space of Property Chapter One - Walking the Property: Ownership, Space, and the Body in Motion in Edgar Huntly Condillac's Statue and the Primacy of Touch Touching on the Other: Bodily Frontiers and the Production of Space Walking the Property: Mobility and the Appropriation of Space Chapter Two - Eating Dwelling Gagging: Hawthorne, Stoddard and the Phenomenology of Possession Possession without Acquisition: Eating, Enjoyment, and the "Beginning of Property" Home Bodies: Domestic Space and Possession Proper Mother's Milk: Private Property and the Feminine Economy of the Gift Chapter Three - Anxieties of Ownership: Debt, Entitlement and the Plantation Romance Southern Discomfort: Debt in the Slaveholding South Owning and Owing: Woodcraft and the Phenomenology of Debt Slave Narrative and the Senses of Entitlement The Structure of the Debt: Swallow Barn and the Space of the Plantation Chapter Four - Feeling at a Loss: Theft and Affect in George Lippard A Culture of Theft Distress Signals: Theft, Body, Affect Kleptophobia and the Architecture of Loss Invasion of the Body Snatchers: The Market in the Grave Epilogue - Wisconsin, 2004: Racial Violence and the Bodies of Property Notes Works Cited

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Book SynopsisPerhaps the most overlooked aspect of Harry S. Truman's presidency is his judicial legacy, with biographies neglecting to consider the influence he had on the Supreme Court. Yet, as Rawn James lays, as president, Harry Truman molded the high court into a judicial body that appeared to actively support his administration's political agenda.

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Book SynopsisExamines the changing legal landscape of eighteenth-century Mexico through the lens of the jurist Francisco Xavier de Gamboa (1717-1794). Gamboa was both a representative of legal professionals in the Spanish world and a central protagonist in major legal controversies in Mexico.Trade ReviewFrancisco Xavier de Gamboa was neither famous nor a nobody. But he was in the 'pivotal middle' of Spanish society, of colonial Mexican politics, and of the dynamic developments in the law and in the silver-powered economy of his century. Christopher Albi therefore sets out to persuade us that 'Gamboa's world' opens a unique, eye-opening, opinion-changing window onto how Spain's late-colonial empire functioned. He does a superb job. I am fully persuaded. From now on, anyone interested in better understanding eighteenth-century New Spain will need to spend time in Albi's world." - Matthew Restall, author of Seven Myths of the Spanish Conquest and When Montezuma Met Cortés: The True Story of the Meeting That Changed History"Gamboa's World offers a powerful new vision of governance in New Spain, detailing the ways of a regime that was primarily judicial by focusing on the career of one of its most engaged judges. We see anew how 'Bourbon reforms' were contested and contained by jurists committed to working with--and at times against--powerful economic interests and diverse popular communities to preserve the kingdom that sustained Spain's empire and fueled its trades through the eighteenth century." - John Tutino, author of Mexico City, 1808: Power, Sovereignty, and Silver in an Age of War and Revolution"This book is both very smart and highly entertaining, even funny at times. It is a treasure trove of material on law and legal culture, the silver economy, and late-colonial Spanish rule overall. Yet because the author smuggles all this in with a skillful narration of the life and times of a scrappy, brilliant Mexican jurist named Gamboa, readers hardly need to work for it at all." - Bianca Premo, author of The Enlightenment on Trial: Ordinary Litigants and Colonialism in the Spanish Empire"In exploring the private life, educational trajectory, and distinguished legal career of Francisco Xavier de Gamboa, Christopher Albi challenges various long-held assumptions regarding eighteenth-century New Spain. This is required reading for all those interested in Spanish America's tumultuous eighteenth century." - Frances L. Ramos, author of Identity, Ritual, and Power in Colonial Puebla"In this excellent book, the world of Francisco Xavier de Gamboa, one of the premier lawyers of colonial Mexico, comes to life again. Christopher Albi delves deep into the archival record to grasp how the complex colonial law actually worked in litigation. While providing this innovative analysis, Albi also crafts a wonderfully enjoyable read for undergraduate students and experts alike." - Christoph Rosenmüller, author of Corruption and Justice in Colonial Mexico, 1650-1755

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Book SynopsisEdition, with full explanatory apparatus, of wills and inventories from north-east England.Complete editorial team: Joan Briggs, Rita McGhee, John Smith, Jennifer Tindell, Ann Tumman, Xenia Webster What was to become the town of Sunderland emerged in the earlier seventeenth century from two parishes north and south of the river Wear, Monkwearmouth and Bishopwearmouth, developing from a small fishing village into a significant east-coast port and industrial centre; a charter granted by the bishop of Durham in 1630 confirms its status. This volume comprises its surviving probate documents from the period 1601-50, containing material relating to some ninety-one individuals, twelve of them women. The inventories that accompany most of the wills (and insome cases survive where the wills do not) detail their household goods, thus constituting a rich source of information about ways of life and standards of living in the early seventeenth century. The wills and inventories are edited here in full in the original spelling, with a glossary, introduction, notes and an index.Trade ReviewThis is a nicely produced edition of interesting documents which will prove useful not just to local historians of north-east England but to many students and researchers of everyday life in early modern England. * HISTORY *The volume has been well edited. The documents are transcribed in full and carefully referenced, and there is a very necessary glossary, clearly the fruit of much research, together with an excellent index of persons and places. [...] An excellently presented volume. * NORTHERN HISTORY *Table of ContentsIntroduction Wills and Inventories Glossary

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Book SynopsisFocuses on generally unknown events and policies to demonstrate judicial dependence and legislative supremacy over the judiciary. This book disproves the validity of that assumption for state constitutionalism by concentrating on the law of New Hampshire - representative of the law in other jurisdictions - between the years 1789 and 1818.Trade ReviewA rich, interesting, and useful follow-up to his Controlling the Law. Another of John Reid's gems: well-researched, well-written, and one that will be of real interest and use to all American legal historians. -- Peter Karsten, University of PittsburghA fascinating examination of the emergence of judicial independence and legal professionalism in New Hampshire. Reid's sound common sense and profound knowledge of the sources illuminate this exemplary case study. -- M.N.S. Sellers, University of Baltimore School of LawTable of ContentsTable of Contents Introductory Note 1. The Legislative Constitution 2. Plumer's Constitution 3. Restoring to Law 4. A Midnight Judge 5. A Hydrophobic Judge 6. A Dependent Court 7. A Man for One Office 8. An Impetuous Judge Conclusion Notes Short Titles Acknowledgments Index

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Book SynopsisPoliticians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. This title presents examination of Madison's political philosophy as reflected in the "Bill of Rights" and modern interpretations by Supreme Court justices.Trade ReviewThis is a significant work of scholarship that makes a number of unique and important contributions. The description of how Madison understood the interconnections among the Bill of Rights' provisions is especially valuable. This book has something new to offer even to readers already familiar with Madison's writings. -- James H. Read, College of St. Benedict and St. John's UniversityKasper is a fine writer who knows a good deal about his subject, which is interesting and new. -- David Siemers, University of Wisconsin OshKosh

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Book SynopsisProvides knowledge about the judicial history of the early republic by recounting the development of courts, laws, and legal theory in New Hampshire. This title chronicles the struggle by which lawyers and torchbearers of strong, centralized government sought to bring standards of competence to New Hampshire.

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Book SynopsisSince the fall of Indonesian president Suharto, a major focus of the country's reformers has been the corrupt and inefficient judicial system. Within the context of a history of the Supreme Court in post-independence Indonesia, Sebastiaan Pompe...

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Book SynopsisIn preparing the long-awaited second edition of his well-liked text, Kent Newmyer consulted the best and most relevant of the recent scholarship on the antebellum Court, prompting him to revise important points in the story of the Court's evolution. Nevertheless, the revised edition of the text retains the basic format and the conceptual premise of the original: the unique contributions of the Marshall and Taney courts taken together laid the foundation for the modern institution. Understanding the Supreme Court during its formative period provides useful insights into its continued (and hotly debated) involvement in shaping American society. Seminal cases that came before the Court, such as Marbury v. Madison and Dred Scott v. Sanford are examined in detail. Besides touting a thoroughly revised bibliographical essay, the second edition of The Supreme Court under Marshall and Taney includes an entirely new bank of illustrations and an index of important cases, making iTrade Review"Like the first edition, this book will prove invaluable to scholars, teachers, and students. ...Because Newmyer skillfully treats a large body of material in such a clear and compelling fashion, this book remains one of the best studies of the nineteenth-century Supreme Court." (The American Journal of Legal History, Winter 2005)Table of ContentsForeword vii Preface and Acknowledgments xi Chapter One. The Framework of Judicial Statesmanship 1 Limitations on Judicial Lawmaking 6 The Potential of Judicial Statesmanship 10 The Court and The Men and Women on It 16 Chapter Two. John Marshall and the Consolidation of National Power 18 The Struggle for Judicial Power: Marbury v. Madison 22 Consolidating National Power 39 A Philosophy of National Power 52 Chapter Three. Capitalism and the Marshall Court: Judicial Review in Action 55 The Marshall Court, State Power, and Agrarian Capitalism 59 The Court and the Rise of the American Business Corporation 70 Retreat under Fire 79 Chapter Four. The Taney Court: Democracy Captures the Citadel 89 King Andrew’s Court 92 Corporations and The Court: The New Look 94 The Taney Court and The Commerce Clause 101 Continuity Versus Change: The Haunting Presence of John Marshall 108 The Case for Judicial Statesmanship 113 Chapter Five. The Court’s Time of Troubles: Slavery, Sectionalism, and War 118 The Court and Slavery 122 The Fugitive Slave Question 123 Slavery in the Territories 127 Enter Dred Scott 131 Pitfalls of Judicial Discretion 138 The War Years: The Court Survives 142 Chapter Six. The Legacy of the Supreme Court under Marshall and Taney 146 Bibliographical Essay 153 Glossary of Legal Terms 170 The Supreme Court, 1801-1864 172 Index of Cases 176 Index 179 Illustrations follow page 88

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Book SynopsisThe laws of Medieval Iceland provide detailed and fascinating insight into the society that produced the Icelandic sagas. Known collectively as Gragas (Greygoose), this great legal code offers a wealth of information about early European legal systems and the society of the Middle Ages. This first translation of Gragas is in two volumes.

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Book SynopsisRecords from London's Guildhall reveal the workings of the law in the eighteenth century.For centuries, the City of London's Lord Mayor and Aldermen have headed various courts and tribunals as part of their official obligations. In the City's Guildhall, Londoners from all walks of life could appear before an aldermansitting as a magistrate in the "justice room" and initiate a criminal complaint when they were the victims of crime. But what actually happened in those initial hearings between the accuser, the accused and the magistrate has remained largely obscured to history. These records shed light on the earliest phases of a criminal prosecution and reveal the routines of criminal justice administration in the eighteenth-century metropolis. From the fragmentaryminutes of the proceedings conducted before London's aldermen, who sat for a part of every working day as Justices of the Peace, we learn of the petty squabbles of the City's poor with parish officials, the ready resort to physical violence in public and private spheres, the steady campaign against prostitution, and the growing professionalism of the parish constables who policed London before the arrival of the Metropolitan Police.The records will be ofinterest to historians of London, social historians of crime, genealogists and scholars interested in summary or pre-trial procedures in early modern England; they are presented here with introduction and explanatory notes. Greg T. Smith is Associate Professor of History at the University of Manitoba.Trade ReviewThis book makes a major contribution to our knowledge of both the era's criminal justice system and also daily life in the wider eighteenth-century metropolis. It will be quite invaluable to legal and social historians of the period. * ARCHIVES *Offers a tantalizing insight into the working world of the City justices. As such, it is a valuable addition to the published literature. * ARCHIVES AND RECORDS *Table of ContentsIntroduction Minute Books of the Guildhall Justice Room 1752-1781

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Book SynopsisTrade ReviewAcclaim for the First Edition:'It is a good time in which to be a thinker about the remarkable present and the daunting future of the human world. The present volume will encourage more thinkers and more thought. It could not be more timely or more necessary.' -- From the Foreword to the First Edition by Philip AllottTable of ContentsContents: Foreword to the First Edition viii Editor’s Preface to the Second Edition x PART I THE ESSENCE AND DEVELOPMENT OF INTERNATIONAL LEGAL THEORY 1 The relevance of theory and history: the essence and origins of international law 2 Alexander Orakhelashvili 2 Early-modern scholarship on international law 19 Alain Wijffels 3 Natural law and the law of nations 58 Patrick Capps 4 The origins of consensual positivism: Pufendorf, Wolff and Vattel 90 Alexander Orakhelashvili 5 The transformation of international law in the nineteenth century 108 Amnon Lev 6 Hans Kelsen’s place in international legal theory 139 Jörg Kammerhofer PART II THEMATIC ASPECTS OF INTERNATIONAL LEGAL THEORY 7 International human rights law theory 164 Frédéric Mégret 8 The philosophy of international criminal law 200 Robert Cryer and Albert Nell 9 International law, international politics and ideology 240 Alexander Orakhelashvili PART III HISTORY OF INTERNATIONAL LAW 10 Periodization and international law 281 William E. Butler 11 Origins, record and narratives: uses and abuses of international legal history 296 Alexander Orakhelashvili 12 Acculturation through the Middle Ages: the Islamic law of nations and its place in the history of international law 312 Jean Allain 13 The classical law of nations 326 Randall Lesaffer 14 The nineteenth-century life of international law 359 Alexander Orakhelashvili 15 International law between universality and regional fragmentation: the historical case of Russia 373 Lauri Mälksoo 16 International law in the twentieth century 394 Carlo Focarelli 17 International law in the early twenty-first century 444 Tom Ruys and Anemoon Soete Index 474

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