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.

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.

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.

At first glance, the events in this book may seem equal parts science fiction and legal thriller. Unfortunately, this is a true story of blinding greed, cruel deceit, unfortunate circumstance, and powerful human tragedy. It has villains and heroes, but it does not yet have a good ending. It is the story of asbestos in America.

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.

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.

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.

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.

Alternate History: England 1913 Slavery for female felons reduced penal costs, naturally male slavery in lieu of incarceration was considered. Once a treatment to induce female sexual characteristics was developed, a pilot program was instituted. William Maunds became Willow and her introduction to the joys of submission began. Her unhappy youth was buried in sexual ecstasy.

By the early 19th century, several European nations had banned slavery, but while the United States had banned the international slave trade, slavery was still legal in the country itself. As a result, there was still a strong financial motive for merchants and slave traders to attempt to bring slaves to the Western hemisphere, and a lot of profits to be gained from successfully sneaking slaves into the American South and the Caribbean by way of locations like Havana, Cuba.

...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 ...

A quick history of Connecticut's Charter Oak.