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The social changes and human and economic costs of the Civil War led to profound legal and constitutional developments after it ended, not least of which were the Fourteenth and Fifteenth Amendments and the many laws devised to protect the civil rights of newly freed African Americans. These amendments and laws worked for a while, but they were ineffective or ineffectively enforced for more than a century. In Ending the Civil War and the Consequences for Congress, contributors explore how the end of the war both continued the trauma of the conflict and enhanced the potential for the new birth of freedom that Lincoln promised in the Gettysburg Address. Collectively, they bring their multidisciplinary expertise to bear on the legal, economic, social, and political aspects of the aftermath of the war and Reconstruction era. The book concludes with the reminder of how the meaning of the war has changed over time. The Civil War is no longer the "felt" history it once was, Clay Risen reminds us, and despite the work of many fine scholars it remains contested. Contributors: Jenny Bourne, Carole Emberton, Paul Finkelman, Lorien Foote, William E. Nelson, Clay Risen, Anne Sarah Rubin, and Peter Wallenstein
Passed in June 1940, the Smith Act was a peacetime anti-sedition law that marked a dramatic shift in the legal definition of free speech protection in America by criminalizing the advocacy of disloyalty to the government by force. It also criminalized the acts of printing, publishing, or distributing anything advocating such sedition and made it illegal to organize or belong to any association that did the same. It was first brought to trial in July 1941, when a federal grand jury in Minneapolis indicted twenty-nine Socialist Workers Party members, fifteen of whom also belonged to the militant Teamsters Local 544. Eighteen of the defendants were convicted of conspiring to overthrow the government. Examining the social, political, and legal history of the first Smith Act case, this book focuses on the tension between the nation's cherished principle of free political expression and the demands of national security on the eve of America's entry into World War II. Based on newly declassified government documents and recently opened archival sources, Trotskyists on Trial explores the implications of the case for organized labor and civil liberties in wartime and postwar America. The central issue of how Americans have tolerated or suppressed dissent during moments of national crisis is not only important to our understanding of the past, but also remains a pressing concern in the post-9/11 world. This volume traces some of the implications of the compromise between rights and security that was made in the mid-twentieth century, offering historical context for some of the consequences of similar bargains struck today.
We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis.
European Supreme Courts is a groundbreaking addition to legal history publishing and is the culmination of years of research by an extensive team of leading legal historians and experts. Presented to the general European reader for the first time, the authoritative text is accompanied by over 160 rare images from extensive European archives and collections, as well as present-day images of European and national courts and institutions. This ambitious publication explores the history of supreme courts structures throughout the European continent from the high medieval period to the modern day. Their story is one of considerable diversity, but it also reveals the many common themes that influenced the practice of law over the years. European Supreme Courts serves to set the contemporary role of the international supreme courts within the context of a strikingly rich legacy of legal traditions, culture and history in Europe.
The impact of antitrust law on sports is in the news all the time, especially when there is labor conflict between players and owners, or when a team wants to move to a new city. And if the majority of Americans have only the vaguest sense of what antitrust law is, most know one thing about it-that baseball is exempt. In The Baseball Trust, legal historian Stuart Banner illuminates the series of court rulings that resulted in one of the most curious features of our legal system-baseball's exemption from antitrust law. A serious baseball fan, Banner provides a thoroughly entertaining history of the game as seen through the prism of an extraordinary series of courtroom battles, ranging from 1890 to the present. The book looks at such pivotal cases as the 1922 Supreme Court case which held that federal antitrust laws did not apply to baseball; the 1972 Flood v. Kuhn decision that declared that baseball is exempt even from state antitrust laws; and several cases from the 1950s, one involving boxing and the other football, that made clear that the exemption is only for baseball, not for sports in general. Banner reveals that for all the well-documented foibles of major league owners, baseball has consistently received and followed antitrust advice from leading lawyers, shrewd legal advice that eventually won for baseball a protected legal status enjoyed by no other industry in America. As Banner tells this fascinating story, he also provides an important reminder of the path-dependent nature of the American legal system. At each step, judges and legislators made decisions that were perfectly sensible when considered one at a time, but that in total yielded an outcome-baseball's exemption from antitrust law-that makes no sense at all.
This book explores how international organizations (IOs) have expanded their powers over time without formally amending their founding treaties. IOs intervene in military, financial, economic, political, social, and cultural affairs, and increasingly take on roles not explicitly assigned to them by law. Sinclair contends that this 'mission creep' has allowed IOs to intervene internationally in a way that has allowed them to recast institutions within and interactions among states, societies, and peoples on a broadly Western, liberal model. Adopting a historical and interdisciplinary, socio-legal approach, Sinclair supports this claim through detailed investigations of historical episodes involving three very different organizations: the International Labour Organization in the interwar period; the United Nations in the two decades following the Second World War; and the World Bank from the 1950s through to the 1990s. The book draws on a wide range of original institutional and archival materials, bringing to light little-known aspects of each organization's activities, identifying continuities in the ideas and practices of international governance across the twentieth century, and speaking to a range of pressing theoretical questions in present-day international law and international relations.
The intimate, inspiring, and authoritative biography of Sandra Day O'Connor, America's first female Supreme Court justice, drawing on exclusive interviews and first-time access to Justice O'Connor's archives--by the New York Times bestselling author Evan Thomas. "She's a hero for our time, and this is the biography for our time."--Walter Isaacson She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her law school class in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings--doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first ever female majority leader of a state senate. As a judge on the Arizona Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the United States Supreme Court, appointed by President Ronald Reagan in 1981, she began a quarter-century tenure on the Court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men who want to be leaders and be first in their own lives--who want to learn when to walk away and when to stand their ground--will be inspired by O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family, who believed in serving her country, and who, when she became the most powerful woman in America, built a bridge forward for all women. Advance praise for First "A great storyteller has found his greatest subject in trailblazer Sandra Day O'Connor. Evan Thomas has written one of the most insightful and thoroughly captivating biographies I have ever read: A clear and compelling illumination of Sandra Day O'Connor's unique voice and place in American history is told through her remarkable life's journey from a rancher's daughter to the first woman appointed to the highest court in the land."--Doris Kearns Goodwin, Pulitzer Prize-winning author of Leadership: In Turbulent Times "A vivid, humane, and inspiring portrait of an extraordinary woman and how she both reflected and shaped an era."--Drew Faust, president emerita, Harvard University
These stories from the Star Chamber papers, first published in
1958, reveal the real, and sometimes comic, side of the functioning
of the Star Chamber. They are valuable both for the a ~real lifea
(TM) detail they bring to a historical concept, and for the light
they throw on accepted historical generalizations.
First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery's social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments.
The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery's oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery's inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves? owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters? rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.
When a thirteen-year-old boy strikes out on his own in 1885, leaving his Civil War- ravaged Mississippi homeland for the wild Red River borderland between North Texas and Indian Territory, the American West is a land beyond the reach of the law. Crime thrives in the absence of law officers, courtrooms, judges, and jails. Vigilante justice, the posse, and the hangman's noose fill the void. But by the time the young man-now a veteran outlaw-dies by the gun in 1929 after a tempestuous career, the Old West has been largely tamed, its official legal systems firmly in place. Veteran defense attorney and prosecutor Bill Neal takes readers from Mississippi to the frontiers of West Texas, Indian Territory, New Mexico Territory, and finally the frozen Montana wilderness through a series of linked, true-life tales of crimes and trials. Tracing the struggles of incipient criminal justice in the Southwest through an engaging progression of outlaws and lawmen, plus a host of colorful frontier trial lawyers and judges, Neal reveals how law and societymatured together.
Convinced that sexual immorality and unstable gender norms were endangering national recovery after World War One, German lawmakers drafted a constitution in 1919 legalizing the censorship of movies and pulp fiction, and prioritizing social rights over individual rights. These provisions enabled legislations to adopt two national censorship laws intended to regulate the movie industry and retail trade in pulp fiction. Both laws had their ideological origins in grass-roots anti-'trash' campaigns inspired by early encounters with commercial mass culture and Germany's federalist structure. Before the war, activists characterized censorship as a form of youth protection. Afterwards, they described it as a form of social welfare. Local activists and authorities enforcing the decisions of federal censors made censorship familiar and respectable even as these laws became a lightning rod for criticism of the young republic. Nazi leaders subsequently refashioned anti-'trash' rhetoric to justify the stringent censorship regime they imposed on Germany.
Why are certain responses to past human rights violations considered instances of transitional justice while others are disregarded? This study interrogates the history of the discourse and practice of the field to answer that question. Zunino argues that a number of characteristics inherited as transitional justice emerged as a discourse in the 1980s and 1990s have shaped which practices of the present and the past are now regarded as valid responses to past human rights violations. He traces these influential characteristics from Argentina's transition to democracy in 1983, the end of communism in Eastern Europe, the development of international criminal justice, and the South African truth commission of 1995. Through an analysis of the post-World War II period, the decolonisation process and the Cold War, Zunino identifies a series of episodes and mechanisms omitted from the history of transitional justice because they did not conform to its accepted characteristics.
Since the beginnings of the oil industry, production activity has been governed by the 'law of capture,' dictating that one owns the oil recovered from one's property even if it has migrated from under neighboring land. This 'finders keepers' principle has been excoriated by foreign critics as a 'law of the jungle' and identified by American commentators as the root cause of the enormous waste of oil and gas resulting from US production methods in the first half of the twentieth century. Yet while in almost every other country the law of capture is today of marginal significance, it continues in full vigour in the United States, with potentially wasteful results. In this richly documented account, Terence Daintith adopts a historical and comparative perspective to show how legal rules, technical knowledge (or the lack of it) and political ideas combined to shape attitudes and behavior in the business of oil production, leading to the original adoption of the law of capture, its consolidation in the United States, and its marginalization elsewhere.
"Samuel Moyn breaks new ground in examining the relationship between human rights and economic fairness. If we don't address the growing global phenomenon of economic inequality, the human rights movement as we know it cannot survive or flourish." -George Soros The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, market fundamentalism has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. In a pioneering history of rights stretching back to the Bible, Not Enough charts how twentieth-century welfare states, concerned about both abject poverty and soaring wealth, resolved to fulfill their citizens' most basic needs without forgetting to contain how much the rich could tower over the rest. In the wake of two world wars and the collapse of empires, new states tried to take welfare beyond its original European and American homelands and went so far as to challenge inequality on a global scale. But their plans were foiled as a neoliberal faith in markets triumphed instead. Moyn places the career of the human rights movement in relation to this disturbing shift from the egalitarian politics of yesterday to the neoliberal globalization of today. Exploring why the rise of human rights has occurred alongside enduring and exploding inequality, and why activists came to seek remedies for indigence without challenging wealth, Not Enough calls for more ambitious ideals and movements to achieve a humane and equitable world.
Thomas Duppa who was Black Rod from 1683-1694 compiled The Commonplace Book for his own use. It sheds vital light not only on how the Lords was managed, and the daily routines, but also on the personalities of the period. *The Commonplace Book is an extremely rare survival from late seventeenth century Parliamentary history *Entries describe Sir Thomas Duppa's investiture as black rod and his knighting in 1683, as well as the coronation of James II in 1685 *Sheds scarce and important light on how the Lords was managed, and the daily routines that aided its running *Provides vital information on the disputes that took place over precedence and responsibilities between those employed at court and those working in parliament
These stories from the Star Chamber papers, first published in
1958, reveal the real, and sometimes comic, side of the functioning
of the Star Chamber - an English court of Law from the Middle Ages,
which was set up to ensure the fair enforcement of law against
prominent people who were too powerful to be convicted by ordinary
courts. These stories are valuable both for the 'real life' detail
they bring to a historical concept, and for the light they throw on
accepted historical generalizations.
This book presents a timely assessment of the impact of history, politics and economics in shaping the Singapore Constitution, going beyond the descriptive narrative, the authors will cast a critical eye over the developments of the last 40 years.
Jimmy Hoffa, acquitted in a Nashville court during the Test Fleet case, was under investigation for jury tampering and subsequently tried and convicted in Chattanooga after a judge in Nashville granted a change of venue. Nicely explores Hoffa's time in Tennessee, the major players in the case, and the development of Bobby Kennedy, then chief counsel of the Senate's McClellan Committee, as Hoffa's main antagonist. All the while, Hoffa's continued legal troubles created a high amount of tension between the Teamsters, management, and members of organized crime. While many books overlook this important tipping point in Hoffa's career, tending to focus on his disappearance, Nicely mines court transcripts and presents the Tennessee trials as both the height of Hoffa's perceived invincibility and the beginning of his downfall.
It is a medieval truism that the poet meddles with words, the lawyer with the world. But are the poet's words and the lawyer's world really so far apart? To what extent does the art of making poems share in the craft of making laws, and vice versa? Framed by such questions, Piers Plowman and the Reinvention of Church Law in the Late Middle Ages examines the mutually productive interaction between literary and legal "makyngs" in England's great Middle English poem by William Langland. Focusing on Piers Plowman's preoccupation with wrongdoing in the B and C versions, Arvind Thomas examines the versions' representations of trials, confessions, restitutions, penalties, and pardons. Thomas explores how the "literary" informs and transforms the "legal" until they finally cannot be separated. Thomas shows how the poem's narrative voice, metaphor, syntax and style not only reflect but also act upon properties of canon law, such as penitential procedures and authoritative maxims. Langland's mobilization of juridical concepts, Thomas insists, not only engenders a poetics informed by canonist thought but also expresses an alternative vision of canon law from that proposed by medieval jurists and today's medievalists.
Oxford's variorum edition of William Blackstone's seminal treatise on the common law of England and Wales offers the definitive account of the Commentaries' development in a modern format. For the first time it is possible to trace the evolution of English law and Blackstone's thought through the eight editions of Blackstone's lifetime, and the authorial corrections of the posthumous ninth edition. Introductions by the general editor and the volume editors set the Commentaries in their historical context, examining Blackstone's distinctive view of the common law, and editorial notes throughout the four volumes assist the modern reader in understanding this key text in the Anglo-American common law tradition. Property law is the subject of Book II, the second and longest volume of Blackstone's Commentaries. His lucid exposition covers feudalism and its history, real estate and the forms of tenure that a land-owner may have, and personal property, including the new kinds of intangible property that were developing in Blackstone's era, such as negotiable instruments and intellectual property.
A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. "A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution-like due process and rule of law-that profoundly shape the societies in which we live today." -Amalia D. Kessler, Stanford University "A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England." -Federico Varese, Oxford University "Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts." -David Nirenberg, University of Chicago
The psychological aftereffects of war are not just a modern-day plight. Following the Civil War, numerous soldiers returned with damaged bodies or damaged minds. Drawing on archival materials including digitized records for more than 70,000 white and African-American Union army recruits, newspaper reports, and census returns, Larry M. Logue and Peter Blanck uncover the diversity and severity of Civil War veterans' psychological distress. Their findings concerning the recognition of veterans' post-traumatic stress disorders, treatment programs, and suicide rates will inform current studies on how to effectively cope with this enduring disability in former soldiers. This compelling book brings to light the continued sacrifices of men who went to war.
While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.
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