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The Commerce Clause under Marshall, Taney, and Waite

by Felix Frankfurter The University of North Carolina Press (February 01, 2018)

The power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through...


The Trouble with Minna

by Hendrik Hartog The University of North Carolina Press (March 19, 2018)

In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna's case,...


The Rule of Law

by Richard A. Cosgrove The University of North Carolina Press (November 01, 2017)

So commonplace has the term rule of law become that few recognize its source as Dicey's Introduction to the Study of the Law of the Constitution. Cosgrove examines the life and career of Dicey, the most influential...


Black Litigants in the Antebellum American South

by Kimberly M. Welch The University of North Carolina Press (January 02, 2018)

In the antebellum Natchez district, in the heart of slave country, black people sued white people in all-white courtrooms. They sued to enforce the terms of their contracts, recover unpaid debts, recuperate...


The Criminalization of Black Children

by Tera Eva Agyepong The University of North Carolina Press (March 14, 2018)

In the late nineteenth century, progressive reformers recoiled at the prospect of the justice system punishing children as adults. Advocating that children's inherent innocence warranted fundamentally different...


The Men of Mobtown

by Adam Malka The University of North Carolina Press (March 22, 2018)

What if racialized mass incarceration is not a perversion of our criminal justice system's liberal ideals, but rather a natural conclusion? Adam C. Malka raises this disturbing possibility through a gripping...


Faithful Magistrates and Republican Lawyers

by A. G. Roeber The University of North Carolina Press (October 10, 2017)

Until the mid-1700s, law was not thought of as a science or profession. Most Virginians adhered to the English country tradition that considered law to be a local and personal affair. The growth of cities and...


The Roots of Justice

by Lawrence M. Friedman & Robert V. Percival The University of North Carolina Press (October 10, 2017)

Focusing on a single county at a time when the population grew from 24,000 to 246,000, the authors combine statistical analysis of documentary sources, contemporary newspaper accounts, and exploration in criminal...


Searching for Subversives

by Mary Elizabeth Basile Chopas The University of North Carolina Press (October 03, 2017)

When the United States entered World War II, Italian nationals living in this country were declared enemy aliens and faced with legal restrictions. Several thousand aliens and a few U.S. citizens were arrested...


The Bar and the Old Bailey, 1750-1850

by Allyson N. May The University of North Carolina Press (December 01, 2015)

Allyson May chronicles the history of the English criminal trial and the development of a criminal bar in London between 1750 and 1850. She charts the transformation of the legal process and the evolution of...


Underdevelopment and the Development of Law

by Robert C. Means The University of North Carolina Press (August 01, 2016)

Means provides the first major study of both the historical development of private law in a Latin American country and the shifting role of business corporations or share companies in Latin American development....


Neighbors and Strangers

by Bruce H. Mann The University of North Carolina Press (June 30, 2016)

Combining legal and social history, Bruce Mann explores the relationship between law and society from the mid-seventeenth century to the eve of the Revolution. Analyzing a sample of more than five thousand civil...


The Establishment Clause

by Leonard W. Levy The University of North Carolina Press (March 01, 2017)

Leonard Levy's classic work examines the circumstances that led to the writing of the establishment clause of the First Amendment: 'Congress shall make no law respecting an establishment of religion. . . .'...


Law School

by Robert Stevens The University of North Carolina Press (July 01, 2016)

In this first general history of legal education, Stevens traces the development of law schools, the legal profession, and legal thought, relating their evolution to intellectual, political, and social trends....


Women and the Law of Property in Early America

by Marylynn Salmon The University of North Carolina Press (August 01, 2016)

In this first comprehensive study of women's property rights in early America, Marylynn Salmon discusses the effect of formal rules of law on women's lives. By focusing on such areas such as conveyancing, contracts,...


Rightlessness

by A. Naomi Paik The University of North Carolina Press (January 08, 2016)

In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that...


Unjust Deeds

by Jeffrey D. Gonda The University of North Carolina Press (August 26, 2015)

In 1945, six African American families from St. Louis, Detroit, and Washington, D.C., began a desperate fight to keep their homes. Each of them had purchased a property that prohibited the occupancy of African...


The Legalist Reformation

by William E. Nelson The University of North Carolina Press (January 14, 2003)

Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the...


Governing the Hearth

by Michael Grossberg The University of North Carolina Press (January 21, 2004)

Presenting a new framework for understanding the complex but vital relationship between legal history and the family, Michael Grossberg analyzes the formation of legal policies on such issues as common law marriage,...


Moral Reconstruction

by Gaines M. Foster The University of North Carolina Press (April 03, 2003)

Between 1865 and 1920, Congress passed laws to regulate obscenity, sexuality, divorce, gambling, and prizefighting. It forced Mormons to abandon polygamy, attacked interstate prostitution, made narcotics contraband,...


Slavery on Trial

by Jeannine Marie DeLombard The University of North Carolina Press (June 01, 2009)

America's legal consciousness was high during the era that saw the imprisonment of abolitionist editor William Lloyd Garrison, the execution of slave revolutionary Nat Turner, and the hangings of John Brown...


American Inquisition

by Eric L. Muller The University of North Carolina Press (October 15, 2007)

When the U.S. government forced 70,000 American citizens of Japanese ancestry into internment camps in 1942, it created administrative tribunals to pass judgment on who was loyal and who was disloyal. In American...


The Law's Conscience

by Peter Charles Hoffer The University of North Carolina Press (November 09, 2000)

The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the...


Without Precedent

by Anna R. Hayes The University of North Carolina Press (June 01, 2009)

The first woman judge in the state of North Carolina and the first woman in the United States to be elected chief justice of a state supreme court, Susie Marshall Sharp (1907-1996) broke new ground for women...


Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955

by Douglas Hay & Paul Craven The University of North Carolina Press (October 12, 2005)

Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power...


The Anti-Rent Era in New York Law and Politics, 1839-1865

by Charles W. McCurdy The University of North Carolina Press (June 19, 2003)

A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in...


Ducktown Smoke

by Duncan Maysilles The University of North Carolina Press (May 30, 2011)

It is hard to make a desert in a place that receives sixty inches of rain each year. But after decades of copper mining, all that remained of the old hardwood forests in the Ducktown Mining District of the Southern...


Law and Identity in Mandate Palestine

by Assaf Likhovski The University of North Carolina Press (December 08, 2006)

One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth...


A License to Steal

by Leonard W. Levy The University of North Carolina Press (March 30, 2014)

Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that...


The NAACP's Legal Strategy against Segregated Education, 1925-1950

by Mark V. Tushnet The University of North Carolina Press (January 01, 2012)

The NAACP's fight against segregated education--the first public interest litigation campaign--culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in...


Engineering Nature

by Jessica B. Teisch The University of North Carolina Press (February 01, 2011)

Focusing on globalization in the late nineteenth and early twentieth centuries, Jessica Teisch examines the processes by which American water and mining engineers who rose to prominence during and after the...


The Invention of Free Labor

by Robert J. Steinfeld The University of North Carolina Press (February 01, 2014)

Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American...


The Transformation of Criminal Justice

by Allen Steinberg The University of North Carolina Press (November 09, 2000)

Allen Steinberg brings to life the court-centered criminal justice system of nineteenth-century Philadelphia, chronicles its eclipse, and contrasts it to the system -- dominated by the police and public prosecutor...


Sexual Injustice

by Marc Stein The University of North Carolina Press (October 04, 2010)

Focusing on six major Supreme Court cases during the 1960s and 1970s, Marc Stein examines the generally liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Eisenstadt...


Law, Land, and Family

by Eileen Spring The University of North Carolina Press (November 09, 2000)

Eileen Spring presents a fresh interpretation of the history of inheritance among the English gentry and aristocracy. In a work that recasts both the history of real property law and the history of the family,...


Property Rites

by Elizabeth M. Smith-Pryor The University of North Carolina Press (April 30, 2009)

In 1925 Leonard Rhinelander, the youngest son of a wealthy New York society family, sued to end his marriage to Alice Jones, a former domestic servant and the daughter of a "colored" cabman. After being married...


If That Ever Happens to Me

by Lois Shepherd The University of North Carolina Press (June 01, 2009)

Every day, thousands of people quietly face decisions as agonizing as those made famous in the Terri Schiavo case. Throughout that controversy, all kinds of people--politicians, religious leaders, legal and...


Laws Harsh As Tigers

by Lucy E. Salyer The University of North Carolina Press (November 09, 2000)

Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth...


Beyond the Prison Gates

by Warren Rosenblum The University of North Carolina Press (September 01, 2012)

Germany today has one of the lowest incarceration rates in the industrialized world, and social welfare principles play an essential role at all levels of the German criminal justice system. Warren Rosenblum...


Crimes against Children

by Stephen Robertson The University of North Carolina Press (March 08, 2006)

In the first half of the twentieth century, Americans' intense concern with sex crimes against children led to a wave of public discussion, legislative action, and criminal prosecution. Stephen Robertson provides...


Before Eminent Domain

by Susan Reynolds The University of North Carolina Press (March 01, 2010)

In this concise history of expropriation of land for the common good in Europe and North America from medieval times to 1800, Susan Reynolds contextualizes the history of an important legal doctrine regarding...


Children of the Father King

by Bianca Premo The University of North Carolina Press (May 18, 2006)

In a pioneering study of childhood in colonial Spanish America, Bianca Premo examines the lives of youths in the homes, schools, and institutions of the capital city of Lima, Peru. Situating these young lives...


English Law in the Age of the Black Death, 1348-1381

by Robert C. Palmer The University of North Carolina Press (November 09, 2000)

Robert Palmer's pathbreaking study shows how the Black Death triggered massive changes in both governance and law in fourteenth-century England, establishing the mechanisms by which the law adapted to social...


Selling the Church

by Robert C. Palmer The University of North Carolina Press (October 15, 2003)

In the years of expanding state authority following the Black Death, English common law permitted the leasing of parishes by their rectors and vicars, who then pursued interests elsewhere and left the parish...


English Common Law in the Age of Mansfield

by James Oldham The University of North Carolina Press (December 15, 2005)

In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was...


The People’s Welfare

by William J. Novak The University of North Carolina Press (November 09, 2000)

Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare...


Supreme Court Justice Joseph Story

by R. Kent Newmyer The University of North Carolina Press (January 21, 2004)

The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes...


Southern Slavery and the Law, 1619-1860

by Thomas D. Morris The University of North Carolina Press (January 21, 2004)

This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the...


Racial Discrimination and Private Education

by Arthur S. Miller The University of North Carolina Press (November 01, 2010)

Miller discusses the possible governmental sanctions against integration and the possible ways in which the guarantees of the First and Fourteenth Amendments might be sought and obtained for private schools....


The Invention of Party Politics

by Gerald Leonard The University of North Carolina Press (October 15, 2003)

This ambitious work uncovers the constitutional foundations of that most essential institution of modern democracy, the political party. Taking on Richard Hofstadter's classic The Idea of a Party System, it...