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Studies in Legal History (27)

 

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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 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...


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...


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...


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,...


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...


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...


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 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...


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,...


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...


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...


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...


Law and Society in Puritan Massachusetts

by David Thomas Konig The University of North Carolina Press (January 21, 2004)

Distinguished by the critical value it assigns to law in Puritan society, this study describes precisely how the Massachusetts legal system differed from England's and how equity and an adapted common law became...


The Inception of Modern Professional Education

by Bruce A. Kimball The University of North Carolina Press (June 15, 2009)

Christopher C. Langdell (1826-1906) is one of the most influential figures in the history of American professional education. As dean of Harvard Law School from 1870 to 1895, he conceived, designed, and built...


Heart versus Head

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

Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts....


Yale Law School and the Sixties

by Laura Kalman The University of North Carolina Press (May 18, 2006)

The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with...


Catalonia's Advocates

by Stephen Jacobson The University of North Carolina Press (September 15, 2009)

Offering a window into the history of the modern legal profession in Western Europe, Stephen Jacobson presents a history of lawyers in the most industrialized city on the Mediterranean. Far from being mere curators...


The Mormon Question

by Sarah Barringer Gordon The University of North Carolina Press (January 14, 2003)

From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions...


Drowning in Laws

by John D. French The University of North Carolina Press (December 15, 2005)

Since 1943, the lives of Brazilian working people and their employers have been governed by the Consolidation of Labor Laws (CLT). Seen as the end of an exclusively repressive approach, the CLT was long hailed...


Sweatshops at Sea

by Leon Fink The University of North Carolina Press (March 14, 2011)

As the main artery of international commerce, merchant shipping was the world's first globalized industry, often serving as a vanguard for issues touching on labor recruiting, the employment relationship, and...


Interpreting the Free Exercise of Religion

by Bette Novit Evans The University of North Carolina Press (November 09, 2000)

A generation ago, all of the big questions concerning religious freedom in America seemed to have been resolved. At the very least, the lines of division between proponents of a wall of separation between church...


The Supreme Court and Legal Change

by Lee Epstein & Joseph F. Kobylka The University of North Carolina Press (November 09, 2000)

The authors analyze abortion and death penalty decisions by the Supreme Court and argue that they provide prime examples of abrupt legal change. After proposing that the strength of legal arguments has at least...


Declarations of Dependence

by Gregory P. Downs The University of North Carolina Press (February 14, 2011)

In this highly original study, Gregory Downs argues that the most American of wars, the Civil War, created a seemingly un-American popular politics, rooted not in independence but in voluntary claims of dependence....


Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

by James M. Donovan The University of North Carolina Press (February 01, 2010)

James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through...


Reconstructing the Household

by Peter W. Bardaglio The University of North Carolina Press (November 09, 2000)

In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody,...