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Letter Writing and Legal Consciousness during World War I American Journal of Legal History (IF 0.6) Pub Date : 2024-05-08 Elizabeth A Hoffmann
This article explores how ordinary Americans thought about law during World War I by examining 119 letters to Congress regarding charges under the Espionage Act. These letters are a product of their time and shed new light on our understanding of the first Red Scare. This lens of legal consciousness explains how people remain within established modes of engagement, rather than either withdrawing or
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The Pennsylvania Council of Censors and the Debate on the Guardian of the Constitution in the Early United States American Journal of Legal History (IF 0.6) Pub Date : 2024-04-25 Angus Harwood Brown
In 1776, Pennsylvania established an institution called the Council of Censors, which would be elected every seven years and was tasked with ensuring that the legislative, executive, and judicial branches of government had remained faithful to the constitution. None of the other thirteen colonies would create a similar institution, although Vermont would in 1777. Nor has the Council of Censors enjoyed
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Exemplary Damages Practice in Late Eighteenth and Early Nineteenth-Century England American Journal of Legal History (IF 0.6) Pub Date : 2024-04-16 Nicholas Sinanis
A longer perspective on the modern Anglo-American law of exemplary (or punitive) damages views it as having first begun to emerge after the cases of Huckle v Money and Wilkes v Wood were decided in 1763. This article seeks to further deepen and clarify this perspective. It does so by systematically tracing the evolution of the adjudicative practice according to which English civil juries awarded ‘exemplary
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Alexander Hamilton's Constitutional Jurisprudence and the Bank Bill American Journal of Legal History (IF 0.6) Pub Date : 2024-03-11 Peter Charles Hoffer
Alexander Hamilton's view of law was more than pragmatic. Forward looking, and innovative, it saw law as a creative tool. Often misread, and dismissed, as mere policy preference, it was in fact sophisticated and superbly articulated jurisprudence. In the years between the ratification debate and the proposal for the First Bank of the United States, Hamilton displayed this jurisprudence to great effect
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The Early Years of Congress’s Anti-Removal Power American Journal of Legal History (IF 0.6) Pub Date : 2024-02-03 Aaron L Nielson, Christopher J Walker
Judges and scholars have long debated whether the Constitution provides the president with a power to remove executive officials. The Constitution, however, undoubtedly gives Congress tools to discourage the president’s use of such power. Perhaps most notably, the Appointments Clause makes it more difficult for the president to remove principal officers—even those whose views are out of the step with
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The Path of the Prerogatives American Journal of Legal History (IF 0.6) Pub Date : 2024-02-03 John Mikhail
The path of the prerogatives refers to the process by which the royal prerogative powers outlined in Blackstone’s Commentaries entered into American constitutional law. In 1953, Professor William Crosskey opened up a new window into the Constitution when he pointed out that many of Congress’s enumerated powers had been prerogatives of the British Crown. In The President Who Would Not Be King: Executive
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Alexander Hamilton on Executive Authority American Journal of Legal History (IF 0.6) Pub Date : 2024-02-03 Ilan Wurman
The ‘residuum’ theory of executive power maintains that Article II’s Vesting Clause grants to the president of the United States a residuum of royal prerogative powers that have not been assigned to other departments of the national government or otherwise limited elsewhere in the text of the Constitution. This theory is often traced to Alexander Hamilton’s Pacificus essay, in which he defended President
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Three Modalities of (Originalist) Fiduciary Constitutionalism American Journal of Legal History (IF 0.6) Pub Date : 2024-02-03 Ethan J Leib
There is an ongoing body of scholarship in contemporary constitutional theory and legal history that can be labeled ‘fiduciary constitutionalism’. Some have wanted to strangle this work in its cradle, offering an argument pitched ‘against fiduciary constitutionalism’, full stop. But because there are enough different modalities of fiduciary constitutionalism—and particularly originalist varieties of
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Removal and the Changing Debate over Executive Power at the Founding American Journal of Legal History (IF 0.6) Pub Date : 2024-02-03 Jonathan Gienapp
The enduring and protracted debate over the original scope of American presidential power often reduces to a simple question: What did the words ‘executive power’ in the Article II vesting clause of the US Constitution originally mean? Yet this singular preoccupation has concealed a crucial historical transformation. To bring this underappreciated shift into focus, this article offers four observations
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Movement on Removal: An Emerging Consensus about The First Congress and Presidential Power American Journal of Legal History (IF 0.6) Pub Date : 2024-02-03 Jed H Shugerman
What did the “Decision of 1789” decide about presidential removal power, if anything? It turns out that an emerging consensus of scholars agrees about the First Congress’s lack of consensus. The unitary executive theory posits that a president has exclusive and “indefeasible” executive powers (i.e., powers beyond congressional and judicial checks and balances). This panel was an opportunity for unitary
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Brave New World? Care and Custody of Children at the Court for Divorce and Matrimonial Causes in Mid-Victorian England American Journal of Legal History (IF 0.6) Pub Date : 2024-01-20 Penelope Russell
This article considers the accessibility and impact of the mid-Victorian divorce court’s new custody powers, by tracing the children of those who petitioned the court within the first two years of the court’s establishment and contrasting this with court pleadings and orders. Focusing on the care of children by location as revealed by the census and other sources, this study then deals in more detail
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International Legacies of a Century and a Half of the Case Method American Journal of Legal History (IF 0.6) Pub Date : 2023-10-20 Han-Ru Zhou
Save the Constitution, the United States’s most famous legal export may well be the case method. This article pieces together the story of how CC Langdell’s brainchild was brought to the rest of the common law world in treading the momentous events and geopolitics of the last century and a half, and reflects on the lessons from this global experiment for the present and future of the case method. After
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Belief as Status: Premodern Islamic Law, Duties, and the Martyr Conundrum American Journal of Legal History (IF 0.6) Pub Date : 2023-10-12 Adnan A Zulfiqar
The normative universe of the premodern Islamic legal tradition revolves around duties. These duties are determined by an individual’s status both as an autonomous entity and as part of the collective. The duties one owes and those that one is owed, are primarily constructed around belief. Belief, and its absence, function as the primary vehicles for affirming or denying an individual’s place within
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Metics and Freedmen: Conflicts of Social and Juridical Status in the Classical and Hellenistic Greek World American Journal of Legal History (IF 0.6) Pub Date : 2023-10-11 Elizabeth A Meyer
Ancient Greek city-states, or poleis, had a bewildering number of terms for people who lived in them. In Athens, freedmen seem to be assimilated juridically to the status of metics (resident aliens), although socially there were ways of both denigrating freedmen and obscuring the distinction between metic and freed. Elsewhere we can see that under some circumstances distinctions between metic and freed
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The Matter of Personae in Medieval Italy American Journal of Legal History (IF 0.6) Pub Date : 2023-10-11 Melissa Vise
This article hunts for the medieval understanding of juridical persona in the courtrooms of communal Italy (c.1250–1450). While corporate personae have been the long-favored subject of inquiry for both medieval and modern scholars, the ontological predecessor of the corporate persona, the juridical persona, remains undertheorized. The gap is surprising given that (i) the concept is central to other
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Religious Endowments in Ancient India and the Institutionalization of Brahmin Caste Status American Journal of Legal History (IF 0.6) Pub Date : 2023-10-10 Timothy Lubin
Giving to worthy recipients has been meritorious public piety in India at least since the Mauryan empire. Most consequential were grants in perpetuity of land or capital as a ‘religious foundation’ for monks or Brahmins, conferred by means of a charter (śāsana). Grants to Brahmins typically created or supported an agrahāra, a residential enclave with attached farmland and villages, on terms analogous
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Limping Marriages: Race, Class, and the Rise of Domicile-Based Divorce Jurisdiction in the British Empire American Journal of Legal History (IF 0.6) Pub Date : 2023-08-08 Priyasha Saksena
In this article, I trace the development of domicile as the basis of divorce jurisdiction in English private international law. The maintenance of English domicile became closely related to the retention of ‘white’ identity, with white British subjects who became domiciled in non-white colonies such as India being relegated to racially ambiguous statuses. The domicile rule limited the remedy of divorce
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‘Our Practice Has a Superiority:’ Debt Enforcement, Bills of Exchange, and Credit in Eighteenth-Century Glasgow American Journal of Legal History (IF 0.6) Pub Date : 2023-07-26 Hunter Harris
This article explores the relationship between the Scots law of bills of exchange, debt enforcement procedures, and credit in the eighteenth century. Compared to England, Scots law’s procedures for recovering debts on obligations were faster, cheaper, and more efficient. These legal provisions are under-appreciated in the current literature on bills of exchange. Scots law’s superiority meant that the
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The best answer? Justice Nelson’s concurrence in Dred Scott v. Sandford American Journal of Legal History (IF 0.6) Pub Date : 2023-06-14 William B Meyer
The merits, comparative and absolute, of Justice Samuel Nelson’s concurring opinion in the Dred Scott case of 1857 have not been adequately recognized. Nelson took ground that was legally more secure at the time than did either Chief Justice Taney, in his opinion for the Court, or the dissenters, Justices McLean and Curtis. Refusing to follow Taney’s ill-supported denials of Black citizenship and Congressional
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‘I Laid Earl and Clementine on a Chair and Whipped Them’: Child Murder and Criminal Justice in the Jim Crow South American Journal of Legal History (IF 0.6) Pub Date : 2023-05-31 Jeffrey S Adler
This article explores a horrific 1945 child murder in New Orleans and argues that the case revealed broader developments in Southern criminal justice in the age of Jim Crow. Ernestine Bonneval tied her young children to an ironing board and lashed them, killing her 7-year-old daughter. The murder generated outrage, with residents demanding severe punishment, even the gallows, for the brutal crime.
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O’Connor v Donaldson (1975): Legal Challenges, Psychiatric Authority, and the Dangerousness Problem in Deinstitutionalization American Journal of Legal History (IF 0.6) Pub Date : 2023-02-22 Laura Hirshbein
In 1975, the Supreme Court heard the case of O’Connor v Donaldson, in which Kenneth Donaldson disputed the decision of his psychiatrists at the Florida State Hospital to keep him incarcerated for 15 years for a mental illness, though he was not dangerous or receiving treatment. The Donaldson decision pitted activist attorneys against psychiatrists who were increasingly beleaguered in their efforts
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Charitable Trusts of Cemeteries and Places of Worship in Thailand: A Historical Anomaly American Journal of Legal History (IF 0.6) Pub Date : 2023-01-23 Surutchada Reekie
This article examines Thailand’s historic charitable trusts for the purpose of establishing and maintaining cemeteries and places of worship. Whilst existing literature explores the reception of English trusts law in British colonial territories in Southeast Asia over the course of nineteenth century, little is discussed in relation to Thailand, historically known as Siam, during the same period. Based
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Those Things Which Are Written in Romance: Language and Law Teaching in Thirteenth-Century England American Journal of Legal History (IF 0.6) Pub Date : 2022-11-18 Thomas J McSweeney
Around 1250, a shift began to occur in texts written on the common law. Where earlier texts on the practices of the king’s courts had mostly been written in Latin, a number of the new texts written after 1250 were written in French. The shift to French initially occurred mostly in the context of texts on counting and pleading, the oral parts of court procedure, which were conducted in French, and one
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The Tragic Pragmatism of the Wagner Act American Journal of Legal History (IF 0.6) Pub Date : 2022-09-27 Daniel Judt
The Wagner Act established a right to collective action as the keystone of industrial democracy. In doing so, it also articulated a radical conception of the self: that individuals form genuine desires and attain full self-actualization through collective action. This conception ran counter to the traditional liberal idea of selfhood, which took possessive individualism as the fundament of democratic
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The Art of Interpretation or the Art of Construction? The Case of Gestorum—A Constitutional Treatise by Andrzej Maksymilian Fredro American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Marek Tracz-Tryniecki,J Patrick Higgins
Abstract Andrzej Maksymilian Fredro was a seventeenth-century Polish statesman whose works on Polish legal theory and history are generally underappreciated. Whenever he is mentioned, it is generally as a defender of the institution liberum veto, which is nearly universally blamed for the decline and eventually collapse of the Polish–Lithuanian Commonwealth. This article is part of a contemporary attempt
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Lee B. Wilson, Bonds of Empire: The English Origins of Slave Law in South Carolina and British Plantation America, 1660–1783 American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Christine Walker
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Douglas J. Flowe, Uncontrollable Blackness: African American Men and Criminality in Jim Crow New York American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Simon Balto
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Designing a System of Contractual Liability: Jacques Cujas Inspired by Roman Law American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Stanisław Kordasiewicz
Abstract Jacques Cujas is one of the most respected and esteemed jurists in Western legal tradition. According to prevailing views, he was primarily focused on the interpretation of Roman law. However, this perception does not take fully into account the diversity of his contributions. Preliminary results arising from this research article indicate that under the veil of the reconstruction of ancient
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Millionaires Against Billionaires: The Rise and Fall of the Private Plaintiff Antitrust Lawyer, 1946–1976 American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Peter Labuza
Abstract This article traces the emergence of private plaintiff antitrust lawyers after World War II and the debates they caused within the legal profession. Private enforcement of antitrust laws increased throughout the 1940s, especially following on government suits that proved conspiracy and price-fixing within major industries. The lawyers behind these cases—most notably after a major price-fixing
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‘Pedigrees in the Ownership of Law Books’: Lawyers’ Networks, Celebrity, and the Importance of Provenance in Nineteenth-Century Law Texts1 American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Michael Hoeflich
Abstract This article looks at the multiple uses that may be made of provenance marks in law books. The article examines the importance of prior ownership in nineteenth-century law books based on a survey of representative extant private and institutional library and booksellers’ catalogues from the period. It uses this data to understand the importance that contemporary lawyers put on volumes with
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The Torrens System in Singapore: 75 Years from Conception to Commencement American Journal of Legal History (IF 0.6) Pub Date : 2022-03-01 Alvin W -L See
Abstract This article tells the story of how the Torrens system of land titles registration came to be adopted in Singapore. From conception to commencement, the entire process took over 75 years, far longer than any other law reform the country has experienced. Particular attention is paid to why the Australian model was preferred despite the significant influence of English law in colonial Singapore
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Martha S. Jones, Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All American Journal of Legal History (IF 0.6) Pub Date : 2022-01-22 Hamlin K.
JonesMartha S., Vanguard: How Black Women Broke Barriers, Won the Vote, and Insisted on Equality for All (New York: Basic Books, 2020) pp 339. US$30 (hardback). ISBN: 978-1541618619.
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Bartosz Brozek, Julia Stanek, and Jerzy Stelmach (eds), Russian Legal Realism American Journal of Legal History (IF 0.6) Pub Date : 2022-01-06 Amarasinghe P.
BartoszBrozekJuliaStanekJerzyStelmach (eds), Russian Legal Realism (Springer Nature, Cham2018) pp i–xi, 176 $117.00 (hardback). ISBN 978-3-319-98821-4.
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Erratum to: Radical Histories versus Liberal Histories in Work Injury Law. Nate Holdren, Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era American Journal of Legal History (IF 0.6) Pub Date : 2021-12-11
American Journal of Legal History, 2021. https://doi.org/10.1093/ajlh/njaa025.
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What Oath (If Any) Did Jacob Henry Take in 1809?: Deconstructing the Historical Myths American Journal of Legal History (IF 0.6) Pub Date : 2021-12-01 Seth Barrett Tillman
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Anna Lvovsky, Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life before Stonewall American Journal of Legal History (IF 0.6) Pub Date : 2021-10-14 Christopher Agee
LvovskyAnna, Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life before Stonewall (Chicago: University of Chicago Press, 2021), pp 360. $35.00 (paper), ISBN 978-0226769783.
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Victorian Railways Commissioners v Coultas: The Untold Story American Journal of Legal History (IF 0.6) Pub Date : 2021-10-09 Peter Handford
[The story of liability for ‘nervous shock’ begins with the Privy Council decision in Victorian Railways Commissioners v Coultas in 1888 holding that such damage was too remote—a decision soon rejected by courts in England and elsewhere (though it had considerable influence in the United States). Over the next hundred years, courts gradually extended the boundaries of liability for what is now called
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Maria Gigliola di Renzo Villata (ed), Succession Law, Practice and Society in Europe across the Centuries (Cham, Switzerland: Springer 2018), pp xxiii, 640, €228.79 (hardback). ISBN 978-3-319-76257-9 American Journal of Legal History (IF 0.6) Pub Date : 2021-10-06 Cleary M.
di Renzo VillataMaria Gigliola (ed), Succession Law, Practice and Society in Europe across the Centuries (Cham, Switzerland: Springer2018), pp xxiii, 640, €228.79 (hardback). ISBN 978-3-319-76257-9.
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Rahela Khorakiwala, From the Colonial to the Contemporary: Images, Iconography, Memories, and Performances of Law in India’s High Courts American Journal of Legal History (IF 0.6) Pub Date : 2021-09-30 Priyasha Saksena
KhorakiwalaRahela, From the Colonial to the Contemporary: Images, Iconography, Memories, and Performances of Law in India’s High Courts (Oxford: Hart, 2019), pp 296, £70 (Hardcover) ISBN: 9781509953554
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Michael Lobban and Ian Williams (eds), Networks and Connections in Legal History American Journal of Legal History (IF 0.6) Pub Date : 2021-09-30 Eves W.
LobbanMichaelWilliamsIan (eds.), Networks and Connections in Legal History (Cambridge: Cambridge University Press, 2020). Pp. viii+344. £85 (hardcover). ISBN: 9781108490887
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Claire Priest, Credit Nation: Property Laws and Institutions in Early America American Journal of Legal History (IF 0.6) Pub Date : 2021-09-25 Ablavsky G.
PriestClaire, Credit Nation: Property Laws and Institutions in Early America (Princeton: Princeton University Press, 2021) pp 248. USD 39.95 (hardcover). ISBN 978-0691158761
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Erasmo da Rotterdam, Prefazioni ai Vangeli. 1516–1522, Latin parallel text, edited by Silvana Seidel Menchi American Journal of Legal History (IF 0.6) Pub Date : 2021-09-20 Zendri C.
Erasmo da Rotterdam, Prefazioni ai Vangeli. 1516–1522, Latin parallel text, edited by MenchiSilvana Seidel (Torino: Einaudi, 2021). Pp. XCII, 174. €24.00 (hardback). ISBN 978-88-06-23046-3.
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Gregory Ablavsky, Federal Ground: Governing Property and Violence in the First U.S. Territories (New York: Oxford University Press, 2021) pp 360. USD 39.95 (hardcover). ISBN 978-0190905699 American Journal of Legal History (IF 0.6) Pub Date : 2021-09-20 Parrillo N.
AblavskyGregory, Federal Ground: Governing Property and Violence in the First U.S. Territories (New York: Oxford University Press, 2021) pp 360. USD 39.95 (hardcover). ISBN 978-0190905699
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Keila Grinberg, A Black Jurist in a Slave Society: Antonio Pereira Rebouças and the Trials of Brazilian Citizenship American Journal of Legal History (IF 0.6) Pub Date : 2021-09-20 Lima B.
GrinbergKeila, A Black Jurist in a Slave Society: Antonio Pereira Rebouças and the Trials of Brazilian Citizenship (Chapel Hill: University of North Carolina Press, 2019) pp 226. GBP 18.00 (paperback). ISBN 978-1-4696-5277-1.
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Horizontal and vertical influences in colonial legal transplantation: water by-laws in British Palestine American Journal of Legal History (IF 0.6) Pub Date : 2021-08-09 David B Schorr
Local by-laws were the primary tool for local governments in British-ruled Palestine to exercise their authority, and water was the paradigmatic subject for local legislation. Looking at the diffusion of legal norms in local by-laws in the 1930s and 1940s, the article examines the dynamics of lawmaking in a context characterized both by imperial rule and intercommunal conflict. The article asks two
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Sara Mayeux, Free Justice: A History of the Public Defender in Twentieth-Century America American Journal of Legal History (IF 0.6) Pub Date : 2021-06-30 Shaun Ossei-Owusu
MayeuxSara, Free Justice: A History of the Public Defender in Twentieth-Century America (Chapel Hill: University of North Carolina Press, 2020). Pp. 296. $32.95 (hardcover). ISBN: 978-1469656021.
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Giancarlo Frosio, Reconciling Copyright with Cumulative Creativity: The Third Paradigm Katie Scott, Becoming Property: Art, Theory and Law in Early Modern France Will Slauter, Who Owns the News?: A History of Copyright Derek Miller, Copyright and the Value of Performance 1770-1911 Elena Cooper, Art and Modern Copyright: The Contested Image American Journal of Legal History (IF 0.6) Pub Date : 2021-06-14 Hector L MacQueen
FrosioGiancarlo, Reconciling Copyright with Cumulative Creativity: The Third Paradigm (Cheltenham, United Kingdom, and Northampton, MA: Edward Elgar, 2018) pp viii and 390. GBP 110.00 (hardback). ISBN 978-1-78811-417-2.
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Legal Ridicule in the Age of Advertisement: Puffery, Quackery, and the Mass Market American Journal of Legal History (IF 0.6) Pub Date : 2021-06-04 Anat Rosenberg
This article examines the origins of the doctrine of puffery in Britain, in the first decades of its development during the nineteenth- and early twentieth centuries. The doctrine is a curious legal construct. Usually invoked as a defence, it identifies futile speech, typically of a seller, which does not give rise to liability. It operated, as it still does, in several fields of law. The analysis
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Internment of Enemy Aliens during the World Wars American Journal of Legal History (IF 0.6) Pub Date : 2021-05-12 Manuel Galvis Martínez
The article offers a historical approach to one of the most understudied areas of international humanitarian law by focusing on the successes and shortfalls of the two international armed conflicts with the highest numbers of civilians interned in global history. Through the study of State practice during Word War I and Word War II, the author addresses the causes and justifications that led to massive
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José María Torres Caicedo and the Politics of International Law in Nineteenth-Century Latin America American Journal of Legal History (IF 0.6) Pub Date : 2021-05-12 Sebastián Mantilla Blanco
The mid-nineteenth century was the formative period of doctrines that dominated international law debates in Latin America until well into the twentieth century. José María Torres Caicedo (1830–89) is one of the least-known international law scholars from those years. Torres Caicedo’s vast experience as a diplomat provided him with a sharp political instinct, which nurtured his academic work about
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Ariela J. Gross and Alejandro de la Fuente, Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana American Journal of Legal History (IF 0.6) Pub Date : 2021-04-16 Kimberly Welch
GrossAriela J and de la FuenteAlejandro, Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana (New York: Cambridge University Press, 2020). Pp. 281. $24.95 (hardcover). ISBN 978-1108480642.
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Where Did ‘Human Dignity’ Come from? Drafting the Preamble to the Irish Constitution American Journal of Legal History (IF 0.6) Pub Date : 2021-02-26 McCrudden C.
AbstractThis article addresses the correctness of Samuel Moyn’s contention that the inclusion of ‘dignity’ in the Irish Constitution of 1937 reflects a particularistic, sectarian and conservative Catholic viewpoint, rather than (as some other scholars do) seeing the inclusion of ‘dignity’ as the first tentative step towards the instantiation of a universalistic, liberal human rights ethic into the
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Winner of the AJLH Alfred L. Brophy Prize American Journal of Legal History (IF 0.6) Pub Date : 2021-03-24
The winner of the Alfred L. Brophy Prize is Lea VanderVelde’s article entitled “The Anti-Republican Origins of the At-Will Doctrine.” A description from the prize committee reads:
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The Anti-Republican Origins of the At-Will Doctrine American Journal of Legal History (IF 0.6) Pub Date : 2021-02-26 VanderVelde L.
AbstractThis article highlights the origin of the employment at-will rule by providing the contextual contrast of Reconstruction free labor republicanism. To date, no work has situated the doctrine’s emergence in the heady Reconstruction discussions of labor reform that immediately preceded it. This article briefly summarizes how the at-will rule functions to subordinate employees. The article then
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Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present American Journal of Legal History (IF 0.6) Pub Date : 2021-02-26 Haugeberg K.
ZieglerMary, Abortion and the Law in America: Roe v. Wade to the Present (Cambridge: Cambridge University Press, 2020). Pp. xvii+ 312. $29.99 (paper). ISBN no. 9781108735599.
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Leandra Ruth Zarnow, Battling Bella: The Protest Politics of Bella Abzug American Journal of Legal History (IF 0.6) Pub Date : 2021-02-26 Lefkovitz A.
ZarnowLeandra Ruth, Battling Bella: The Protest Politics of Bella Abzug (Cambridge: Harvard University Press, 2019). Pp. x + 441. $35.00 (hardcover). ISBN: 9780674737488.
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Capturing Profit from Disaster: The Assets Company Ltd and the Afterlife of the City of Glasgow Bank American Journal of Legal History (IF 0.6) Pub Date : 2021-01-25 O’Reilly S.
AbstractThe City of Glasgow Bank’s collapse in 1878 was the largest bank failure of its time. The causes of the crash and its impact on joint-stock banking and the Scottish and British economy have been well-studied, but how its liquidation was concluded remains under-explored. At the same time, the legal and commercial milieu of nineteenth-century Britain spawned a new type of commercial entity—the
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From Disputation Hall to High Office: Swedish Students’ Legal Dissertations at German and Dutch Universities in the Seventeenth and Eighteenth Centuries American Journal of Legal History (IF 0.6) Pub Date : 2021-01-15 Vasara-Aaltonen M.
AbstractSwedish students commonly studied abroad, especially during the seventeenth century. This was true also for those studying law. This article examines the legal dissertations that Swedish students defended during their visits to foreign universities in the seventeenth and eighteenth centuries. The universities of Greifswald and Leiden produced the most dissertations with Swedish respondents
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The Rise and Demise of Constitutional Duties in Israel American Journal of Legal History (IF 0.6) Pub Date : 2021-03-10 Assaf Likhovski
In many constitutions, constitutional duties appear alongside constitutional rights. However, the history of constitutional duties, unlike the history of constitutional rights, is a neglected topic. This article is a case study of the history of constitutional duties in Israel. The article documents the appearance of duties in Israeli constitutional texts and debates in the 1950s and shows that the
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Revolutionary Criminal Punishments: Treason, Mercy, and the American Revolution American Journal of Legal History (IF 0.6) Pub Date : 2021-01-31 Mugambi Jouet
This article focuses on the exceptional mildness of criminal punishments for alleged traitors in the wake of the American Revolution. American leaders were disinclined to inflict the death penalty on loyalists who supported British rule in the revolutionary war or on insurgents in the Shays, Whiskey, and Fries rebellions shortly after independence. In fact, the Founding Fathers and other first-generation