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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Bruce A. Kimball attacks the widely held assumption that the idea of American "professionalism" arose from the proliferation of urban professional positions during the late nineteenth century. This first paperback edition of The "True Professional Ideal" in America argues that the professional ideal can be traced back to the colonial period. This comprehensive intellectual history illuminates the profound relationships between the idea of a "professional" and broader changes in American social, cultural, and political history.
In 1847, in a small rural courthouse in Coles County, Illinois, Abraham Lincoln represented a Kentucky slave owner named Robert Matson in his attempt to recover a runaway slave woman and her four children. Most Americans, even those with a penchant for the nation's history, have never heard of this court case. This is no coincidence. Lincoln's involvement in the case has troubled and bewildered most students and biographers of the "Great Emancipator." In many assessments, the case inspires rationalizations and distortions; in others, avoidance and denial. These approaches are a disservice to the man and to those who seek to understand him. In Lincoln Apostate: The Matson Slave Case, lawyer a...
The first book in a multivolume biography of the sixteenth president follows his childhood as a "newsboy" and a voracious reader that molded him into a "free thinker," ultimately setting up his political aspirations and career in law.
In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
Clinical legal education has revolutionized legal education, from its deepest origins in the nineteenth century to its now-global reach.
In The Making and Unmaking of Empires P. J. Marshall, distinguished author of numerous books on the British Empire and former Rhodes Professor of Imperial History, provides a unified interpretation of British imperial history in the later eighteenth century. He brings together into a commonfocus Britain's loss of empire in North America and the winning of territorial dominion in parts of India and argues that these developments were part of a single phase of Britain's imperial history, rather than marking the closing of a 'first' Atlantic empire and the rise of a 'second' eastern one.In both India and North America Britain pursued similar objectives in this period. Fearful of the apparent en...
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A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privi...
During the formative years of the American republic, lawyers and architects, both eager to secure public affirmation of their professional status, worked together to create specialized, purpose-built courthouses to replace the informal judicial settings in which trials took place during the colonial era. In From Tavern to Courthouse, Martha J. McNamara addresses this fundamental redefinition of civic space in Massachusetts. Professional collaboration, she argues, benefitted both lawyers and architects, as it reinforced their desire to be perceived as trained specialists solely concerned with promoting the public good. These courthouses, now reserved exclusively for legal proceedings and occu...