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David Dudley Field And The Reconstruction Of The Law
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Book Synopsis David Dudley Field and the Reconstruction of the Law by : Daun Van Ee
Download or read book David Dudley Field and the Reconstruction of the Law written by Daun Van Ee and published by Dissertations-G. This book was released on 1986 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A History of American Law: Third Edition by : Lawrence M. Friedman
Download or read book A History of American Law: Third Edition written by Lawrence M. Friedman and published by Simon and Schuster. This book was released on 2005-06-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this brilliant and immensely readable book, Lawrence M. Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
Download or read book Young America written by Edward L. Widmer and published by Oxford University Press, USA. This book was released on 2000 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fascinating study examines the meteoric career of a vigorous intellectual movement rising out of the Age of Jackson. As Americans argued over their destiny in the decades preceding the Civil War, an outspoken new generation of "ultra-democratic" writers entered the fray, staking out positions on politics, literature, art, and any other territory they could annex. They called themselves Young America--and they proclaimed a "Manifest Destiny" to push back frontiers in every category of achievement. Their swagger found a natural home in New York City, already bursting at the seams and ready to take on the world. Young America's mouthpiece was the Democratic Review, a highly influential magazine funded by the Democratic Party and edited by the brash and charismatic John O'Sullivan. The Review offered a fresh voice in political journalism, and sponsored young writers like Hawthorne and Whitman early in their careers. Melville, too, was influenced by Young America, and provided a running commentary on its many excesses. Despite brilliant promise, the movement fell apart in the 1850s, leaving its original leaders troubled over the darker destiny they had ushered in. Their ambitious generation had failed to rewrite history as promised. Instead, their perpetual agitation helped set the stage for the Civil War. Young America: The Flowering of Democracy in New York City is without question the most complete examination of this captivating and original movement. It also provides the first published biography of its leader, John O'Sullivan, one of America's great rhetoricians. Edward L. Widmer enriches his unique volume by offering a new theory of Manifest Destiny as part of a broader movement of intellectual expansion in nineteenth-century America.
Book Synopsis The Life of David Dudley Field by : Henry Martyn Field
Download or read book The Life of David Dudley Field written by Henry Martyn Field and published by . This book was released on 1898 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a biography of David Dudley Field II, a lawyer and law reformer who is known for having made major contributions to the development of American civil procedure.
Book Synopsis The Lawyer's Conscience by : Michael S. Ariens
Download or read book The Lawyer's Conscience written by Michael S. Ariens and published by University Press of Kansas. This book was released on 2023-07-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
Book Synopsis A History of American Law by : Lawrence M. Friedman
Download or read book A History of American Law written by Lawrence M. Friedman and published by Oxford University Press. This book was released on 2019-09-09 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Book Synopsis Justice Stephen Field by : Paul Kens
Download or read book Justice Stephen Field written by Paul Kens and published by . This book was released on 1997 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outspoken and controversial, Stephen Field served on the Supreme Court from his appointment by Lincoln in 1863 through the closing years of the century. No justice had ever served longer on the Court, and few were as determined to use the Court to lead the nation into a new and exciting era. Paul Kens shows how Field ascended to such prominence, what influenced his legal thought and court opinions, and why both are still very relevant today. One of the famous gold rush forty-niners, Field was a founder of Marysville, California, a state legislator, and state supreme court justice. His decisions from the state bench and later from the federal circuit court often placed him in the middle of tense conflicts over the distribution of the land and mineral wealth of the new state. Kens illuminates how Field's experiences in early California influenced his jurisprudence and produced a theory of liberty that reflected both the ideals of his Jacksonian youth and the teachings of laissez-faire economics. During the time that Field served on the U.S. Supreme Court, the nation went through the Civil War and Reconstruction and moved from an agrarian to an industrial economy in which big business dominated. Fear of concentrated wealth caused many reformers of the time to look to government as an ally in the preservation of their liberty. In the volatile debates over government regulation of business, Field became a leading advocate of substantive due process and liberty of contract, legal doctrines that enabled the Court to veto state economic legislation and heavily influenced constitutional law well into the twentieth century. In the effort to curb what he viewed as the excessive power of government, Field tended to side with business and frequently came into conflict with reformers of his era. Gracefully written and filled with sharp insights, Kens' study sheds new light on Field's role in helping the Court define the nature of liberty and determine the extent of constitutional protection of property. By focusing on the political, economic, and social struggles of his time, it explains Field's jurisprudence in terms of conflicting views of liberty and individualism. It firmly establishes Field as a persuasive spokesman for one side of that conflict and as a prototype for the modern activist judge, while providing an important new view of capitalist expansion and social change in Gilded Age America.
Book Synopsis Selected Essays on the Conflict of Laws by : Friedrich Juenger
Download or read book Selected Essays on the Conflict of Laws written by Friedrich Juenger and published by BRILL. This book was released on 2021-10-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Friedrich K. Juenger on the conflict of laws is always worth attending to. Rejecting the "conventional wisdom" that prevails in the field, he sees the conflict of laws not as a discipline devoid of substantive values but as a powerful catalyst for multistate justice. Here is a wide-ranging collection of essays on a variety of problems posed by transactions that transcend state and national borders. The essays include a comparison of jurisdiction issues in the United States and the European Communities, opinions on forum shopping, a critique of interest analysis techniques, and a plea for a comparative approach to choice-of-law issues. Invaluable studies in the extraterritorial application of United States antitrust law, recognition of foreign money judgments and divorces, and regional conventions round out the collection. Published under the Transnational Publishers imprint.
Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Download or read book In Her Own Name written by Sara Chatfield and published by Columbia University Press. This book was released on 2023-05-30 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-Winner, 2024 V.O. Key Award, Southern Political Science Association Long before American women had the right to vote, states dramatically transformed their status as economic citizens. In the early nineteenth century, a married woman had hardly any legal existence apart from her husband. By the twentieth, state-level statutes, constitutional provisions, and court rulings had granted married women a host of protections relating to ownership and control of property. Why did powerful men extend these rights during a period when women had so little political sway? In Her Own Name explores the origins and consequences of laws guaranteeing married women’s property rights, focusing on the people and institutions that shaped them. Sara Chatfield demonstrates that the motives of male elites included personal interests, benefits to the larger economy, and bolstering state power. She shows that married women’s property rights could serve varied political goals across regions and eras, from temperance to debt relief to settlement of the West. State legislatures, constitutional conventions, and courts expanded these rights incrementally, and laws spread across the country without national-level coordination. Chatfield emphasizes that the reform of married women’s economic rights rested on exclusionary foundations, including protecting slavery and encouraging settler colonialism. Although some women benefited from property reforms, many others saw their rights stripped away by the same processes. Drawing on a mix of qualitative and quantitative evidence, In Her Own Name sheds new light on the place of women in the fitful democratization of the United States.
Book Synopsis Speeches, Arguments, and Miscellaneous Papers of David Dudley Field by : David Dudley Field
Download or read book Speeches, Arguments, and Miscellaneous Papers of David Dudley Field written by David Dudley Field and published by . This book was released on 1890 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cry of Murder on Broadway by : Julie Miller
Download or read book Cry of Murder on Broadway written by Julie Miller and published by Cornell University Press. This book was released on 2020-10-15 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Cry of Murder on Broadway, Julie Miller shows how a woman's desperate attempt at murder came to momentarily embody the anger and anxiety felt by many people at a time of economic and social upheaval and expanding expectations for equal rights. On the evening of November 1, 1843, a young household servant named Amelia Norman attacked Henry Ballard, a prosperous merchant, on the steps of the new and luxurious Astor House Hotel. Agitated and distraught, Norman had followed Ballard down Broadway before confronting him at the door to the hotel. Taking out a folding knife, she stabbed him, just missing his heart. Ballard survived the attack, and the trial that followed created a sensation. Newspapers in New York and beyond followed the case eagerly, and crowds filled the courtroom every day. The prominent author and abolitionist Lydia Maria Child championed Norman and later included her story in her fiction and her writing on women's rights. The would-be murderer also attracted the support of politicians, journalists, and legal and moral reformers who saw her story as a vehicle to change the law as it related to "seduction" and to advocate for the rights of workers. Cry of Murder on Broadway describes how New Yorkers, besotted with the drama of the courtroom and the lurid stories of the penny press, followed the trial for entertainment. Throughout all this, Norman gained the sympathy of New Yorkers, in particular the jury, which acquitted her in less than ten minutes. Miller deftly weaves together Norman's story to show how, in one violent moment, she expressed all the anger that the women of the emerging movement for women's rights would soon express in words.
Book Synopsis Great American Lawyers [2 volumes] by : John R. Vile
Download or read book Great American Lawyers [2 volumes] written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2001-06-08 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two volume set offers unmatched insight into the lives and careers of 100 of America's most notable defense and prosecuting attorneys. Trial lawyers, noted one observer, are "the closest thing America has to the Knights of the Round Table." In this new two volume encyclopedia, which chronicles the lives and careers of America's 100 greatest trial lawyers, readers can explore the historic legal careers of extraordinary barristers like Thomas Jefferson, the young Virginia attorney who drafted the Declaration of Independence, and Daniel Webster, staunch defender of the union. Readers will also meet contemporary litigators like Lawrence Tribe, who led the fight against the tobacco industry; Marian Wright Edelman, a leading advocate for children's rights; Alan Dershowitz, renowned criminal appellate lawyer and public intellectual; and Johnnie Cochran, the defense attorney whose spectacular victory in the O. J. Simpson trial propelled him to superstardom. In the stories of these preeminent litigators, readers will discover not only what qualities make a great lawyer, but also how much we owe to those who have served as our legal advocates.
Book Synopsis Constitutional Context by : Kathleen S. Sullivan
Download or read book Constitutional Context written by Kathleen S. Sullivan and published by JHU Press. This book was released on 2007-03-15 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Law as Culture and Culture as Law by : John Phillip Reid
Download or read book Law as Culture and Culture as Law written by John Phillip Reid and published by Rowman & Littlefield. This book was released on 2000 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law as Culture and Culture as Law presents a spectrum of historical inquiries developing and engaging John Phillip Reid's insights and methodological approaches to legal and constitutional history. The essays gathered in this volume span nearly three centuries and two continents, ranging from the agonizing struggles over law, religion, and governance in late seventeenth-century Ireland to the legal and constitutional regimes of governmental regulation in twentieth-century New York.
Book Synopsis Taming the Past by : Robert W. Gordon
Download or read book Taming the Past written by Robert W. Gordon and published by Cambridge University Press. This book was released on 2017-06-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers and judges often make arguments based on history - on the authority of precedent and original constitutional understandings. They argue both to preserve the inspirational, heroic past and to discard its darker pieces - such as feudalism and slavery, the tyranny of princes and priests, and the subordination of women. In doing so, lawyers tame the unruly, ugly, embarrassing elements of the past, smoothing them into reassuring tales of progress. In a series of essays and lectures written over forty years, Robert W. Gordon describes and analyses how lawyers approach the past and the strategies they use to recruit history for present use while erasing or keeping at bay its threatening or inconvenient aspects. Together, the corpus of work featured in Taming the Past offers an analysis of American law and society and its leading historians since 1900.
Download or read book The Unelected written by James R. Copland and published by Encounter Books. This book was released on 2020-09-15 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.