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The Common Law in Colonial America
Drawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.
Beyond the Founders
In pursuit of a more sophisticated and inclusive American history, the contributors to Beyond the Founders propose new directions for the study of the political history of the republic before the Civil War. In ways formal and informal, symbolic and tactile, this political world encompassed blacks, women, entrepreneurs, and Native Americans, as well as the Adamses, Jeffersons, and Jacksons, all struggling in their own ways to shape the new nation and express their ideas of American democracy. Taking inspiration from the new cultural and social histories, these political historians show that the early history of the United States was not just the product of a few "founding fathers," but was al...
Criminal Law
Concentrate Q & A Criminal Law offers unrivalled exam and coursework support for when you're aiming high. The new Concentrate Q & A series is the result of a collaboration involving hundreds of law students and lecturers from universities across the UK. The result is a series that offers you better support and a greater chance to succeed on your law course than any of its rivals. This essential study guide contains a variety of model answers to give you the confidence to tackle any essay or problem question, and the skills you need to excel. *Knowing the right answer is a start, knowing how to structure it gets you the highest marks: annotated answers guide you step by step through the struc...
A Brave Man Stands Firm
It has been often said that "an institution is lengthened by the shadow of one man." This is certainly true of John Marshall, who established the Supreme Court, made the judiciary a co-equal branch of government, and served as Chief Justice of the United States Supreme Court from 1801–1835. In this book a legal expert discusses the battles over the judiciary between Chief Justice John Marshall and President Thomas Jefferson during the Jefferson Presidency. The focus is on the treason trial of Aaron Burr and the story interweaves conflicts over the Judiciary Acts, Marbury v. Madison, and impeachment. Why did Thomas Jefferson and John Marshall become such great antagonists? In the dramas bet...
"Whom Can We Trust Now?"
For several hours in August 1787, the delegates to the Philadelphia Convention debated the two sentences defining treason that would serve as the only criminal law in the U.S. Constitution. As storied and controversial as this ancient crime was, the meaning of treason for the new democratic republic was difficult to foresee. Historian and lawyer Brian Carso demonstrates that although treason law was conflicted and awkward, the broader idea of treason gave recognizable shape to abstract ideas of loyalty, betrayal, allegiance, and political obligation in the United States. Taking an interdisciplinary approach, Carso begins by exploring the nature of loyalty and betrayal in a democratic republi...
"Going Down Hill"
This book discusses the legacies of American Revolutionary War in the context of growing American imperial hubris, overreach and permanent war abroad as well as economic and social decay of American homeland. It discusses the less admirable and tragic implications of a national war/civil war that drove many thousands of Americans from their country, destroyed numerous Native American societies, enshrined human slavery in its constitution and lead to several tragic and bloody existential crises in 19th and 20th century American history.
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John Marshall and the Heroic Age of the Supreme Court
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Roscoe Pound and Karl Llewellyn
American legal history is traditionally viewed as a succession of discrete schools of thought or landmark court decisions, not as the work of individuals. Such an approach, however, hardly does justice to the lives of two of the foremost teachers and theorists of American jurisprudence. In Roscoe Pound and Karl Llwellyn: Searcbing for an American Jurisprudence, N. E. H. Hull reconstructs the historical, cultural, and intellectual context of the work of Pound and Llewellyn, bringing to light their private and public relationship as well as the diverse sources - from psychology to plant ecology to Icelandic sagas - they separately drew upon in making their contributions to the American legal tradition.
The Trials of Allegiance
Introduction -- Treason in colonial Pennsylvania -- Resistance and treason, 1765-1775 -- Treason against America, 1775-1776 -- From independence to invasion, 1776-1778 -- The winding path to the courthouse, 1778 -- The Philadelphia treason trials, 1778-1779 : forming the jury -- The Philadelphia treason trials, 1778-1779 : trial and deliberation -- Resentment and betrayal, 1779-1781 -- Peace, the constitution, and rebellion, 1781-1800 -- Conclusion.
