Cases and Materials
Author: Kermit L. Hall,Paul Finkelman,James W. Ely
Publisher: Oxford University Press, USA
This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fifth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fifth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.
Cases and Materials : Kermit L. Hall, William M. Wiecek, Paul Finkelman
Author: Kermit L. Hall
Cases and Materials
Author: Herbert Alan Johnson
Publisher: Austin & Winfield Pub
Recent questions and interpretations of the U.S. Constitution has left many Americans wondering over the history and basic values of this monumentally important document. Herbert A. Johnson provides the historical background of the constitution to help shed light on the important concepts of private property rights, the idea of limited gvernment, and the interrelationship between public and private law.
Author: Michael Grossberg,Christopher Tomlins
Publisher: Cambridge University Press
This volume covers American law from the earliest settlement and colonization of North America.
Author: Jon W. Bruce,James W. Ely
Publisher: West Academic
This case book is a tightly organized, manageable volume with emphasis on engaging, well-edited cases, useful notes, and crisp textual analysis. An introductory chapter, which now contains the Kelo case, examines property law's scope and position in the U.S. legal system. The next chapter on landlord-tenant law is accessible for first year law students, providing a challenging forum for discussion of the interplay among the common law of property, statutes, and contractual undertakings. Subsequent chapters deal with personal property, the variety of interests in real property, real estate transactions, attributes of landownership, and how municipal/state government controls private land use.
Liberty Under State Constitutions
Author: Paul Finkelman,Stephen E. Gottlieb
Publisher: University of Georgia Press
The United States Supreme Court's relegation of many rights to definition under state constitutional law, combined with the tendency of recent administrations to entrust the states with the task of preserving individual rights, is increasingly making state constitutions the arena where the battles to preserve the rights to life, liberty, property, due process, and equal protection of laws must be fought. Ranging in time from the late 1700s to the late 1900s, Toward a Usable Past offers a series of case studies that examine the protection afforded individual rights by state constitutions and state constitutional law. As it explores the history of liberty at the state level, this volume also investigates the promise and risks of turning to state constitutions to guarantee and expand individual rights. In this book, major scholars and legal practitioners discuss state protections of civil liberty, and ponder the contemporary implications of the state record. The cases examined cover topics ranging from religion in schools during the Federalist era to criminal justice in the late nineteenth century, from racial integration in Kansas before Brown v. Board of Education to legal battles over birth control in the Connecticut Supreme Court. The introduction presents the historical and contemporary significance of the topic and traces the evolution of the federal constitutional law establishing the parameters of state regulation of individual rights.
Responses to John Brown and the Harpers Ferry Raid
Publisher: University of Virginia Press
Category: Harpers Ferry (W. Va.)
Author: Owen M. Fiss,William M. Wiecek
Publisher: Cambridge University Press
A history of the United States Supreme Court between 1941 and 1953.
Courts and Policymaking in the American Political System
Author: Robert M. Howard,Amy Steigerwalt
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
Private Property and the Environment
Author: Peter D. Burdon
The idea of human dominion over nature has become entrenched by the dominant rights-based interpretation of private property. Accordingly, nature is not attributed any inherent value and becomes merely the matter of a human property relationship. Earth Jurisprudence: Private Property and the Environment explores how an alternative conception of property might be instead grounded in the ecocentric concept of an Earth community. Recognising that human beings are deeply interconnected with and dependent on nature, this concept is proposed as a standard and measure for human law. This book argues that the anthropocentric institution of private property needs to be reconceived; drawing on international case law, indigenous views of property and the land use practices of agrarian communities, Peter Burdon considers how private property can be reformulated in a way that fosters duties towards nature. Using the theory of earth jurisprudence as a guide, he outlines an alternative ecocentric description of private property as a relationship between and among members of the Earth community. This book will appeal to those researching in law, justice and ecology, as well as anyone pursuing an interest more particularly in earth jurisprudence.
ein Rückblick über 200 Jahre
Author: Hermann Wellenreuther,Claudia Schnurmann
Publisher: Berg Pub Ltd
Author: Mark W. Janis
Publisher: Oxford University Press on Demand
The American Tradition of International Law 1776-1939 is a unique exploration of the ways in which Americans have perceived, applied, advanced, and frustrated international law. It demonstrates the varieties and continuities of America's approaches to international law. The book begins with the important role the law of nations played for founders like Jefferson and Madison in framing the Declaration of Independence and the Constitution. It then discusses the intellectual contributions tointernational law made by leaders in the New Republic -Kent and Wheaton- and the place of international law in the 19th century judgments of Marshall, Story, and Taney. The book goes on to examine the contributions of American utopians -Dodge, Worcester, Ladd, Burritt, and Carnegie- to the establishment of the League of Nations, the World Court, the International Law Association and the American Society of International Law. It finishes with an analysis of the wavering support to international law given by Woodrow Wilson and the emergence of a new American isolationism following the disappointment of World War I. For anyone who hopes to understand the important place of international law in America and the complex role of America in the development of international law, The American Tradition of International Law 1776-1939 is a crucial read.
Civilian Writers of Doctors' Commons, London: Three Centuries of Juristic Innovation in Comparative, Commercial and International Law
Author: Daniel R. Coquillette
Publisher: Duncker & Humblot
The Civilian Writers of Doctors' Commons, London : Three Centuries of Juristic Innovation in Comparative, Commercial and International Law.
Author: David J. Bodenhamer,James W. Ely
Publisher: Indiana University Press
Category: Political Science
An expert guide to current debates on individual rights in America
Author: Wilhelm Brauneder
Essays in Honor of Professor Morton J. Horwitz
Author: Daniel W. Hamilton,Alfred L. Brophy
Publisher: Harvard University Press
During his career at Harvard, Morton Horwitz changed the questions legal historians ask. The Transformation of American Law, 1780âe"1860 (1977) disclosed the many ways that judge-made law favored commercial and property interests and remade law to promote economic growth. The Transformation of American Law, 1870âe"1960 (1992) continued that project, with a focus on ideas that reshaped law as we struggled for objective and neutral legal responses to our countryâe(tm)s crises. In this book, Horwitzâe(tm)s students re-examine legal history from Americaâe(tm)s colonial era to the late twentieth century. They ask classic Horwitzian questions, of how legal doctrine, thought, and practice are shaped by the interests of the powerful, as well as by the ideas of lawyers, politicians, and others. The essays address current questions in legal history, from colonial legal practice to questions of empire, civil rights, and constitutionalism in a democracy. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.
Has supplement: The Literature of American legal history.
A History of the Death Penalty in the United States
Author: Gordon Morris Bakken
Publisher: UNM Press
Category: Political Science
Until the early twentieth century, printed invitations to executions issued by lawmen were a vital part of the ritual of death concluding a criminal proceeding in the United States. In this study, Gordon Morris Bakken invites readers to an understanding of the death penalty in America with a collection of essays that trace the history and politics of this highly charged moral, legal, and cultural issue. Bakken has solicited essays from historians, political scientists, and lawyers to ensure a broad treatment of the evolution of American cultural attitudes about crime and capital punishment. Part one of this extensive analysis focuses on politics, legal history, multicultural issues, and the international aspects of the death penalty. Part two offers a regional analysis with essays that put death penalty issues into a geographic and cultural context. Part three focuses on specific states with emphasis on the need to understand capital punishment in terms of state law development, particularly because states determine on whom the death penalty will be imposed. Part four examines the various means of death, from hanging to lethal injection, in state law case studies. And finally, part five focuses on the portrayal of capital punishment in popular culture.