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• North Carolina Constitutional History North Carolina Constitution and Commentary Preamble Article I: Declaration of Rights Article II: Legislative Article III: Executive Article IV: Judicial Article V: Finance Article VI: Suffrage and Eligibility to Vote and Hold Office Article VII: Local Government Article VII: Corporations Article IX: Education Article X: Homesteads and Exemptions Article XI: Punishments, Corrections, and Charities Article XII: Military Forces Article XIII: Conventions-- Constitutional Amendment and Revision Article XIV: Miscellaneous Bibliographical Essay Table of Cases.
• (source: Nielsen Book Data)

North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series. This title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important new series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
(source: Nielsen Book Data)

• How many judges does it take to make a Supreme Court?
• The secret sources of judicial power
• Can the common law be unconstitutional?
• The persistence of the common law
• The ideology of the common law
• Conclusion : looking backward, looking forward.

Why do appellate courts always have an odd number of judges? And what does the answer tell us about changing concepts of law? How can common law be unconstitutional? Why does the power of judges depend on accurate court reporting? Because legal education today has come to focus so much on teaching students "how to think like lawyers, " some subjects do not fit comfortably in law school curricula. John Orth, a distinguished senior law scholar, here explores some of these neglected but important topics. His insightful volume invites students of the law to look at the origins of accepted legal practices as a means of gaining insight into the judicial role and the evolution of common law. In six carefully reasoned and clearly argued articles, Orth presents the familiar in a fresh light. He considers, in addition to the questions already mentioned, how the centuries-old common law tradition interacts with statutory law-making, why claims that individual rights are grounded in common law are suspect, and how the common law uses what it learns about the past. In considering these questions related to common law and its remarkable longevity, Orth illuminates both its interaction with written constitutions and its longstanding preoccupation with procedure and property. And by questioning the assertion that individualism was the cornerstone of common law, he deftly resolves an objection that liberal scholars sometimes raise concerning common law - its connection to the Lochner era of Supreme Court jurisprudence. How many judges does it take to make a supreme court? As Orth observes, the institutional novelty of odd numbers of judges provided a means to break ties but did nothing to guarantee acceptance of their decisions. By demonstrating that what seems obvious about the law today was not always so, he cogently addresses changing perceptions of law and invites its future practitioners not only to think like lawyers but also to be more fully grounded in the law.
(source: Nielsen Book Data)

• How many judges does it take to make a Supreme Court?
• The secret sources of judicial power
• Can the common law be unconstitutional?
• The persistence of the common law
• The ideology of the common law
• Conclusion : looking backward, looking forward.

Why do appellate courts always have an odd number of judges? And what does the answer tell us about changing concepts of law? How can common law be unconstitutional? Why does the power of judges depend on accurate court reporting? Because legal education today has come to focus so much on teaching students "how to think like lawyers, " some subjects do not fit comfortably in law school curricula. John Orth, a distinguished senior law scholar, here explores some of these neglected but important topics. His insightful volume invites students of the law to look at the origins of accepted legal practices as a means of gaining insight into the judicial role and the evolution of common law. In six carefully reasoned and clearly argued articles, Orth presents the familiar in a fresh light. He considers, in addition to the questions already mentioned, how the centuries-old common law tradition interacts with statutory law-making, why claims that individual rights are grounded in common law are suspect, and how the common law uses what it learns about the past. In considering these questions related to common law and its remarkable longevity, Orth illuminates both its interaction with written constitutions and its longstanding preoccupation with procedure and property. And by questioning the assertion that individualism was the cornerstone of common law, he deftly resolves an objection that liberal scholars sometimes raise concerning common law - its connection to the Lochner era of Supreme Court jurisprudence. How many judges does it take to make a supreme court? As Orth observes, the institutional novelty of odd numbers of judges provided a means to break ties but did nothing to guarantee acceptance of their decisions. By demonstrating that what seems obvious about the law today was not always so, he cogently addresses changing perceptions of law and invites its future practitioners not only to think like lawyers but also to be more fully grounded in the law.
(source: Nielsen Book Data)

• Introduction. Getting down to cases
• Case I. Making a man a judge in his own case : procedural due process
• Case II. Taking from A and giving to B : the ambiguous paradigm
• Case II continued. Taking from A and giving to B : economic substantive due process
• Case III. Taking from A : noneconomic substantive due process
• Conclusion. Due process of law : procedure and substance.

Many rights that Americans cherish today go unmentioned in the U.S. Constitution. Where do these freedoms come from? John V. Orth answers that question in this unique and gem-like history of due process. No person's life, liberty, or property may be taken without "due process of law." What exactly that means has been one of the most frequently asked questions in American constitutional history. Today, the answer is usually given in two parts: what procedures the government must follows and - in exceptional cases - what the government cannot do even if it follows the proper procedures. The procedural aspect of this answer has been far less controversial than "substantive due process, " which at one time limited government regulation of business and today forbids the states from outlawing abortions. "Due process of law, " as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal. Mindful of the English background and of constitutional developments in the several states, Orth in a succinct and readable narrative traces the history of due process, from its origins in medieval England to its applications in the latest cases. Departing from the usual approach to American constitutional law, Orth places the history of due process in the larger context of the common law. To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules. In that light, Orth concentrates on the general maxims or paradigms that guided the judges in their decisions of specific cases. Uncovering the links between one case and another, Orth describes how a commitment to fair procedures made way for an emphasis on the protection of property rights, which in turn led to a heightened sensitivity to individual rights in general. This unconventional history of the concept of due process heightens the reader's understanding of an important and vexed question of Anglo-American law and constitutionalism. Tracing the evolution of substantive due process through paradigmatic and exemplary cases, Orth explains in understandable terms the sources of controversial judicial rulings like Roe v. Wade.
(source: Nielsen Book Data)

This work provides a study of the historical context and significant features of each of North Carolina's three successive constitutions of 1776, 1868 and 1971. There is a reproduction of the full text of the rewritten constitution as amended through 1992.
(source: Nielsen Book Data)

• Combination - 1721-1799-- conspiracy - criminal law-- combination - 1799-1824-- combination - 1824-1859-- conspiracy - restraint of trade-- master and servant-- the law of srikes - 1859-1871-- after 1871 - employers and workmen.
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Combination and Conspiracy covers the formative era of English labour law from the eighteenth century when organizations of skilled workers emerged from the guild system, to the early twentieth century when national unions used their democratic political power to secure a favourable legal regime. The notorious Combination Acts of 1799 and 1800 are placed firmly in the context of the preceding series of statutes for particular trades and places, as well as related to the developing law of conspiracy. This book rescues from obscurity the Molestation of Workmen Act in the mid-nineteenth century, the product of a curious collaboration by trade unionists and Conservative politicians, and integrates it with changing notions of contract as the basis of industrial relations. Finally, the book presents the foundations of modern labour law, the legislation of the 1870s (as amended in 1906), as the culmination of a centuries-long process of statutory and precedential development.
(source: Nielsen Book Data)

• Combination - 1721-1799-- conspiracy - criminal law-- combination - 1799-1824-- combination - 1824-1859-- conspiracy - restraint of trade-- master and servant-- the law of srikes - 1859-1871-- after 1871 - employers and workmen.
• (source: Nielsen Book Data)

Combination and Conspiracy covers the formative era of English labour law from the eighteenth century when organizations of skilled workers emerged from the guild system, to the early twentieth century when national unions used their democratic political power to secure a favourable legal regime. The notorious Combination Acts of 1799 and 1800 are placed firmly in the context of the preceding series of statutes for particular trades and places, as well as related to the developing law of conspiracy. This book rescues from obscurity the Molestation of Workmen Act in the mid-nineteenth century, the product of a curious collaboration by trade unionists and Conservative politicians, and integrates it with changing notions of contract as the basis of industrial relations. Finally, the book presents the foundations of modern labour law, the legislation of the 1870s (as amended in 1906), as the culmination of a centuries-long process of statutory and precedential development.
(source: Nielsen Book Data)

This book reconstructs the fascinating but obscure history of the Eleventh Amendment to the US Constitution, which limits the exercise of US judicial power when American states are sued. Its modern meaning was largely shaped around cases concerning the liability of Southern states to pay their debts during and after Reconstruction: by shielding states from liability, the Supreme Court's interpretation of the Eleventh Amendment eased the establishment of post-Reconstruction Southern society and left a maddeningly complicated law of federal jurisdiction.