Legal History

Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made - it has played a powerful role in shaping that society, though not always in positive ways. Eminent legal scholar G. Edward White offers a compact overview that sheds light on the impact of law on a number of key social issues.

What do the thoughts of a ravenous tiger have to do with the evolution of America's legal system? How do the works of Jane Austen and Ludwig van Beethoven relate to corporal punishment? In The Law of the Land, Charles Rembar examines these and many other topics, illustrating the surprisingly entertaining history of US law.

For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years' War as the world's most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others retained much of their previous legal regimes.

One of the great ironies of the Enlightenment was that various societies produced the notion of the inalienable rights of man, bequeathed by God, alongside the long-established and deeply entrenched institution of slavery. As fate would have it, the refusal of Northern states to strictly apply the new fugitive slave law would be explicitly cited in several of the Southern states’ articles of secession in late 1860 and early 1861. In that regard, the Fugitive Slave Act ended up being one of the main tipping points that finally split the nation in two.

Our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized "justice". Meanwhile, our legislators can't even follow their own rules for making rules while the rule of law mutates into a perpetual state of emergency. The legal system is becoming an incomprehensible farce. How did this happen? In The Nonsense Factory, Bruce Cannon Gibney shows that over the past 70 years, the legal system has dangerously confused quantity with quality and might with legitimacy.

"Hamilton's novel centers on a fascinating, little-known figure from history - Elisabeth Samson emerges as intriguing and distinctive. An intriguing fictionalization of circumstances with an ample romantic angle. Hamilton's prose style is warm, even, and voice-driven." - The BookLife Prize In the 18th century Dutch plantation colony of Suriname, where wealth is measured by the number of slaves one owns, the educated Free Negress Elisabeth Samson, owner of several flourishing coffee plantations, desires the one thing her wealth cannot buy: a legal marriage with her consort, a White colonial ...

Margaret A. Burnham challenges our understanding of the Jim Crow era by exploring the relationship between formal law and background legal norms in harrowing cases between 1920 and 1960. From rendition, the legal process by which states make claims to other states for the return of their citizens, to battles over state and federal jurisdiction and the outsize role of local sheriffs in enforcing racial hierarchy, Burnham maps the criminal legal system of the mid-twentieth-century South, and traces the line from slavery to the legal structures of this period—and through to today.

Nobody's Child traces the legal definition of "insanity" back to its inception in Victorian Britain nearly 200 years ago, from when our understanding of the human mind was in its infancy, to today, when questions of race, class, and ability so often determine who is legally "insane" and who is criminally guilty. Vinocour explains how "competency" and "insanity" are creatures of a legal system, not of psychiatric reality, and how, in criminal law, the insanity defense has too often been a luxury of the rich and white.

In the past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that crashed and burned in the 1930s: court packing. Today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt—fresh off a landslide victory—stunned the country when he proposed a plan to expand the size of the court by up to six justices.

(Annotated: Contains background information and historical context, as well as extensive analysis of the work and its current application to legal education, not found in the original text. Adds explanatory notes where appropriate to update legal terms and references from the original.) Written over 80 years ago, but highly relevant today, THE BRAMBLE BUSH remains one of the books most frequently and strongly recommended for students to read when considering law school, just before beginning its study, or early in the first semester. Its first edition began as a collection from a series of ...

(Annotated: Contains detailed biographical information and historical context, as well as analysis of the work and its critics, not found in the original work.) Part of the Legal Legends Series from Quid Pro Books, this ebook features quality digital formatting and presentation, close proofreading from the original text by Oliver Wendell Holmes, Jr., and photographs of the author at various stages of his prodigious career. It also features extensive new introductory and biographical material from Steven Alan Childress, J.D., Ph.D., a law professor at Tulane University. No other digital ...

The defense of human rights is often marked by ethical dilemmas, which are especially acute in Israel, where lawyers have for decades sought redress for the abuse of Palestinian rights in the country's High Court - that is, in the court of the abuser. In The Wall and the Gate, Michael Sfard chronicles this struggle - a story that has never before been fully told - and in the process engages the core principles of human rights legal ethics.

The true and gripping account of the nine-year struggle by a small band of lawyers to abolish the death penalty in the United States. Its new edition features a 2011 Foreword by death-penalty author Evan Mandery of CUNY's John Jay College of Criminal Justice, as well as a new Preface by the author. The mission, plotted out over deli sandwiches in New York's Central Park in the early 1960s, seemed as impossible then as going to the moon: abolish capital punishment in every state. The approach would fight a war on multiple fronts, using multiple strategies. The people would be dedicated, ...

A whole new take on Holmes' classic study of law and judicial development of rules: "the life of the law has not been logic: it has been experience." Annotated throughout with straightforward clarifications — decoding and demystifying it for the first time — at long last it's accessible to a new generation of readers. Features 2010 Foreword and extensive notes by Steven Alan Childress, a law professor at Tulane. Active Table of Contents, linked footnotes with correct numbers, and original page numbers for citing. Careful proofreading and formatting, unlike any digital or online version ...

On May 19, 1884, the yacht Mignonette set sail from England on what should have been an uneventful voyage. When their vessel sank in the Atlantic, Captain Thomas Dudley and his crew found themselves adrift in a tiny lifeboat. As days turned to weeks, they faced an unthinkable choice: starve to death or resort to cannibalism. Their decision to sacrifice the youngest – 17-year-old cabin boy Richard Parker – ignited a firestorm of controversy upon their rescue.

Taking the Dred Scott case of 1857 as his shocking center, Judge Andrew P. Napolitano tells the story of how it happened and, through it, builds a damning case against American statesmen from Lincoln to Wilson, from FDR to JFK.

In today's world, we are surrounded by various forms of visual media, such as photo albums, pictures, and videos capturing memories of our loved ones, including children, grandchildren, and friends, that we love to share with others. Similarly, if my beloved heavenly Father had left a photo of His son, Jesus, and His suffering, whom He loved, I would want to see and know everything about it and share it with others.

Right in the middle of the German constitution, a group of ordinary citizens discovers a forgotten clause that allows them to take 240,000 homes back from multi-billion corporations. In this work of creative non-fiction, scholar-activist and Nine Dots Prize winner Joanna Kusiak tells the story of a grassroots movement that convinced a million Berliners to pop the speculative housing bubble. She offers a vision of urban housing as democratically held commons, legally managed by a radically new institutional model that works through democratic conflicts.

Backcountry Democracy and the Whiskey Insurrection treats the legal culture that informed the Whiskey Rebellion of 1794 and its trials. Linda Myrsiades examines conflicts between state and federal courts and the judicial philosophy of Federalist judges, as well as grand jury charges, law reports, judges' bench notes, and defense notes for the trials, to develop a portrait of the hegemony of official interpretations of the law. At the same time, the book illuminates popular attitudes about the courts and the law and explores the nature of extralegal courts operated by the people.

...A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era. In the years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accommodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as ...