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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, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of...
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An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States
Manifest Destinies tells the story of the original Mexican Americans-the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous...
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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. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable...
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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, and stopped the manufacture and sale of alcohol. Gaines Foster explores the force behind this unprecedented federal regulation of personal morality--a combined Christian lobby.Foster analyzes the fears of appetite and avarice that led...
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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 and his Harpers Ferry co-conspirators. Jeannine Marie DeLombard examines how debates over slavery in the three decades before the Civil War employed legal language to "try" the case for slavery in the court of public opinion via popular print media....
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Any student of American history knows of Washington, Jefferson, and the other statesmen who penned the documents that form the legal foundations of our nation, but many other great minds contributed to the development of the young republic's judicial system-figures such as William Littell, Ben Monroe, and John J. Marshall. These men, some of Kentucky's earliest law reporters, are the forgotten trailblazers who helped establish the foundation of the...
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In 1882, Elmer Palmer was convicted of poisoning his grandfather Francis in rural northern New York State. In a famous decision in 1889, the New York Court of Appeals denied Elmer the right to inherit from Francis, even though the statute governing wills seemed to entitle him to the legacy. Twentieth-century commentators have treated Riggs v. Palmer as a model of the judicial craft and a key to understanding the nature of law itself; however, the...
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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, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis...
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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 rejects the standard view that Martin Van Buren and other Jacksonian politicians had the idea of a modern party system in mind when they built the original Democratic party.Grounded in an original retelling of Illinois politics of the 1820s and...
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A history and legal analysis of vigilantism in Montana in the 1860s, from a state Supreme Court justice and legal historian.
Historians and novelists alike have described the vigilantism that took root in the gold-mining communities of Montana in the mid-1860s, but Mark C. Dillon is the first to examine the subject through the prism of American legal history, considering the state of criminal justice and law enforcement in the western territories...
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This account of the court case that followed the gunfight at the OK Corral "will interest Wild West buffs as well as readers interested in legal history" (Publishers Weekly).
The gunfight at the OK Corral lasted less than a minute-yet it became the basis for countless stories about the Wild West. At the time of the event, however, Wyatt Earp was not universally acclaimed as a hero. Among the people who knew him best in Tombstone, Arizona, many considered...
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At the end of the summer of 1859, twenty-two-year-old Peachy Quinn Harrison went on trial for murder in Springfield, Illinois. Abraham Lincoln, who had been involved in more than three thousand cases -- including more than twenty-five murder trials -- during his two-decades-long career, was hired to defend him. Lincoln's debates with Senator Stephen Douglas the previous fall had gained him a national following, transforming the little-known, self-taught...
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