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The Jury in Lincoln’s America
In the antebellum Midwest, Americans looked to the law, and specifically to the jury, to navigate the uncertain terrain of a rapidly changing society. During this formative era of American law, the jury served as the most visible connector between law and society. Through an analysis of the composition of grand and trial juries and an examination of their courtroom experiences, Stacy Pratt McDermott demonstrates how central the law was for people who lived in Abraham Lincoln’s America. McDermott focuses on the status of the jury as a democratic institution as well as on the status of those who served as jurors. According to the 1860 census, the juries in Springfield and Sangamon County, Il...
Never Caught Twice
2021 Nebraska Book Award Never Caught Twice presents the untold history of horse raiding and stealing on the Great Plains of western Nebraska. By investigating horse stealing by and from four Plains groups--American Indians, the U.S. Army, ranchers and cowboys, and farmers--Matthew S. Luckett clarifies a widely misunderstood crime in Western mythology and shows that horse stealing transformed plains culture and settlement in fundamental and surprising ways. From Lakota and Cheyenne horse raids to rustling gangs in the Sandhills, horse theft was widespread and devastating across the region. The horse's critical importance in both Native and white societies meant that horse stealing destabiliz...
No Winners Here Tonight
Few subjects are as intensely debated in the United States as the death penalty. Some form of capital punishment has existed in America for hundreds of years, yet the justification for carrying out the ultimate sentence is a continuing source of controversy. No Winners Here Tonight explores the history of the death penalty and the question of its fairness through the experience of a single state, Ohio, which, despite its moderate midwestern values, has long had one of the country’s most active death chambers. In 1958, just four states accounted for half of the forty-eight executions carried out nationwide, each with six: California, Georgia, Ohio, and Texas. By the first decade of the new ...
Justice and Legal Change on the Shores of Lake Erie
Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics. The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labo...
The Dred Scott Case
In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans ...
Democracy in Session
For more than 200 years no institution has been more important to the development of the American democratic polity than the state legislature, yet no political institution has been so neglected by historians. Although more lawmaking takes place in the state capitals than in Washington D.C., scholars have lavished their attention on Congress, producing only a handful of histories of state legislatures. Most of those histories have focused on discrete legislative acts rather than on legislative process, and all have slighted key aspects of the legislative environment: the parliamentary rules of play, the employees who make the game possible, the physical setting--the arena--in which the peopl...
American Pogrom
On July 2 and 3, 1917, race riots rocked the small industrial city of East St. Louis, Illinois. American Pogrom takes the reader beyond that pivotal time in the city's history to explore black people's activism from the antebellum era to the eve of the post-World War II civil rights movement. Charles Lumpkins shows that black residents of East St. Louis had engaged in formal politics since the 1870s, exerting influence through the ballot and through patronage in a city dominated by powerful real estate interests even as many African Americans elsewhere experienced setbacks in exercising their political and economic rights. While Lumpkins asserts that the race riots were a pogrom--an organized massacre of a particular ethnic group--orchestrated by certain businessmen intent on preventing black residents from attaining political power and on turning the city into a "sundown" town permanently cleared of African Americans, he also demonstrates how the African American community survived. He situates the activities of the black citizens of East St. Louis in the context of the larger story of the African American quest for freedom, citizenship, and equality.
A History of American Law
Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.
Law's Imagined Republic
Law's Imagined Republic shows how the American Revolution was marked by the rapid proliferation of law talk across the colonies. This legal language was both elite and popular, spanned different forms of expression from words to rituals, and included simultaneously real and imagined law. Since it was employed to mobilize resistance against England, the proliferation of revolutionary legal language became intimately intertwined with politics. Drawing on a wealth of material from criminal cases, Steven Wilf reconstructs the intertextual ways Americans from the 1760s through the 1790s read law: reading one case against another and often self-consciously comparing transatlantic legal systems as ...
