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Book
311 p. ; 25 cm.
John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labour. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labour to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic.
(source: Nielsen Book Data)9780674012677 20160528
Law Library (Crown)
LAW-223-02, LAW-651-01
Book
xiv, 244 p. ; 23 cm.
  • Setting the course : the grant from the Garland Fund
  • The legal background : from Margold to Houston
  • The influence of the staff
  • Thurgood Marshall and the Maryland connection
  • Securing the precedents : Gaines and Alston
  • The campaign in the 1940s : contingencies, adaptions, and the problem of staff
  • The strategy of delay and the direct attack on segregation
  • Conclusion: Some lessons learned from the campaign.
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 which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents. He argues that the dedication and the political and legal skills of staff members such as Walter White, Charles Hamilton Houston, and Thurgood Marshall were responsible for the ultimate success of public interest law. This edition contains a new epilogue by the author that addresses general questions of litigation strategy, the persistent question of whether the Brown decision mattered, and the legacy of Brown through the Burger and Rehnquist courts.
(source: Nielsen Book Data)9780807855959 20160528
Law Library (Crown)
LAW-651-01
Book
x, 246 p. ; 24 cm.
This title looks at the impact of two great liberal reforms in the 1960's, the Civil Rights Act and the immigration and Naturalization Act, and how these have shaped discussions on illegal immigration, housing, education, the work force, and other issues on the state and federal level. It considers the 2000 census and similar issues, particularly the controversial California propositions in the 1990s.
(source: Nielsen Book Data)9780195143188 20160528
Law Library (Crown)
LAW-651-01
Book
viii, 344 p. ; 24 cm.
Debt was an inescapable fact of life in early America. At the beginning of the 18th century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In "Republic of Debtors", Bruce H. Mann illuminates this crucial transformation in early American society. From the wealthy merchant to the backwoods farmer, Mann tells the personal stories of men and women struggling to repay their debts and stay ahead of their creditors. He opens a window onto a society undergoing such fundamental changes as the growth of a commercial economy, the emergence of a consumer marketplace, and a revolution for indepencence. In addressing debt Americans debated complicated questions of commerce and agriculture, nationalism and federalism, dependence and independence, slavery and freedom. And when numerous prominent men - including the richest man in America and a justice of the Supreme Court - found themselves imprisoned for debt or forced to become fugitives from creditors, their fate altered the political dimensions of debtor relief, leading to the highly controversial Bankruptcy Act of 1800. Whether a society forgives its debtors is not just a question of law or economics; it goes to the heart of what a society values. In chronicling attitudes toward debt and bankruptcy in early America, Mann explores the very character of American society.
(source: Nielsen Book Data)9780674009028 20160528
Law Library (Crown)
LAW-651-01
Book
v, 297 p. ; 24 cm.
EWe commonly think of marriage as a private matter between two people, a personal expression of love and commitment. In this pioneering history, Nancy F. Cott demonstrates that marriage is and always has been a public institution. From the founding of the United States to the present day, imperatives about the necessity of marriage and its proper form have been deeply embedded in national policy, law and political rhetoric. Legislators and judges have envisioned and enforced their preferred model of consensual, lifelong monogamy - a model derived from Christian tenets and the English common law that posits the husband as provider and the wife as dependent. In early confrontations with Native Americans, emancipated slaves, Mormon polygamists and immigrant spouses, through the invention of the New Deal, federal income tax, and welfare programmes, the federal government consistently influenced the shape of marriages. And even the immense social and legal changes of the last third of the 20th century have not unravelled official reliance on marriage as a "pillar of state". By excluding some kinds of marriages and encouraging others, marital policies have helped to sculpt the nation's citizenry, as well as its moral and social standards, and have directly affected national understandings of gender roles and racial difference. "Public Vows" is a panoramic view of marriage's political history, revealing the national government's profound role in our most private of choices. No one who reads this book will think of marriage in the same way again.
(source: Nielsen Book Data)9780674003200 20160528
Law Library (Crown)
LAW-651-01
Book
xvi, 439 p. ; 24 cm.
Law Library (Crown)
LAW-651-01
Book
xix, 338 p. : ill. ; 24 cm.
Focusing primarily on the exclusion of the Chinese, this study analyzes the debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early-20th century. The author argues fundamental principles were established which still dominate immigration law.
(source: Nielsen Book Data)9780807822180 20160527
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 century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.
(source: Nielsen Book Data)9780807845301 20160608
Law Library (Crown)
LAW-651-01
Book
viii, 583 p. ; 26 cm.
Although the Bill of Rights has existed for two hundred years, the last half century has seen dramatic changes in its meaning and scope. The essays collected in this volume represent the full range of views and interpretations of what these first ten amendments to the U. S. Constitution mean today as guarantors of individual rights. The contributors to this volume are among the most prominent constitutional scholars in the country. Most of the essays are grouped in pairs, each of which offers conflicting positions on current constitutional controversies, including property rights, freedom of religion, freedom of speech, levels of generality in constitutional interpreation, and unemumerated rights. The contributors are: Bruce Ackerman, Mary E. Becker, Ronald Dworkin, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Mary Ann Glendon, Philip B. Kurland, Frank J. Michaelman, Michael W. McConnell, Richard A. Posner, Kathleen M. Sullivan, John Paul Stevens, David A. Strauss, and Cass R. Sunstein. "A thoughtful and well coordinated set of exchanges between leading modern constitutional theorists about the most significant issues related to the Bill of Rights and the Welfare State. These issues are debated through penetrating essays by opposing theorists who get to the heart of these issues and provide significant answers to their debate opponents' points."--Thomas R. Van Dervort, Southeastern Political Review.
(source: Nielsen Book Data)9780226775319 20160528
Law Library (Crown)
LAW-651-01
Book
xvi, 396 p. ; 21 cm.
In this 25th anniversary edition, Bailyn has added a substantial essay, "Fulfillment", as a Postscript to the original text. In it he discusses the intense, nation-wide debate on the ratification of the constitution, stressing the continuities between that struggle over the foundations of the national government and the original principles of the Revolution. This study of the persistence of the nation's ideological origins adds a new dimension to the book and projects its meaning forward into vital present concerns. Bailyn is author of "The Ordeal of Thomas Hutchinson" which won the National Book Award and "Voyagers to the West" which won the Pulitzer Prize for History.
(source: Nielsen Book Data)
Law Library (Crown)
LAW-651-01
Book
viii, 474 p. ; 24 cm.
  • Acknowledgments-- Introduction: history, historicism, and the culture of rights-- 1. From natural law to the rights of man: a European perspective on American debates-- 2. The Bill of Rights and the American revolutionary experience-- 3. Parchment barriers and the politics of rights-- 4. Rights and wrongs: Jefferson, slavery and philosophical quandaries-- 5. Practical philosophy and the Bill of Rights: perspectives on some contemporary issues-- 6. The development of modern American legal theory and the judicial interpretation of the Bill of Rights-- 7. The British, the Americans, and rights Appendix: the constitution and the Bill of Rights-- About the authors-- Index.
  • (source: Nielsen Book Data)9780521416375 20160528
Written by leading authorities in history, philosophy, jurisprudence and political theory, the essays in this volume provide new insights into the variable and changing contents of the rights thinking and consciousness that lie at the core of American political culture and shape its central political institutions. Based on the current state of scholarly understanding and intended to provide a fresh sense of orientation into the complexities of the separate topics covered, the studies focus on two distinct 'moments' in the American experience: the eighteenth-century period of founding that produced the Bill of Rights as an element in the Constitutional settlement, and the contemporary moment, marked by a new historical consciousness of the difficulties of interpreting rights in changing contexts and thus by the continuing search for a properly grounded philosophical jurisprudence adequate to meet the ethical, social, and political conflicts of the present.
(source: Nielsen Book Data)9780521416375 20160528
Law Library (Crown)
LAW-651-01
Book
xvii, 356 p. ; 25 cm.
Law Library (Crown)
LAW-651-01