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The Crisis of Democratic Theory
All but forgotten except as a part of nostalgic lore, American canals during the first half of the nineteenth century provided a transportation network that was vital to the development of the new nation. They lowered transportation costs, carried a vast grain trade from western farms to eastern ports, delivered Pennsylvania coal to New York, and carried thousands of passengers at what seemed effortless speed. Along their courses sprang up new towns and cities and with them new economic growth. Canals for a Nation brings together in one volume a survey of all the major American canals. Here are accounts of innovative engineering, of near heroic figures who devoted their lives to canals, and of canal projects that triumphed over all the uncertainties of the political process.
Originalism, Federalism, and the American Constitutional Enterprise
In this lively historical examination of American federalism, a leading scholar in the field refutes the widely accepted notion that the founding fathers carefully crafted a constitutional balance of power between the states and the federal government. Edward A. Purcell Jr. bases his argument on close analysis of the Constitution’s original structure and the ways that structure both induced and accommodated changes over the centuries. There was no clear agreement among the founding fathers regarding the "true" nature of American federalism, Purcell contends, nor was there a consensus on "correct" lines dividing state and national authority. Furthermore, even had there been some true "origi...
Antonin Scalia and American Constitutionalism
"Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia's jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American constitutionalism. After tracing Scalia's emergence as a hero of the political right and his opposition to many of the decisions of the Warren Court, this book examines his general jurisprudential theory of originalism and textualism, arguing that he failed to produce either the objective method he claimed or the "correct" constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, the book examines his opinions on virtually all of the constitutio...
Judging Jehovah's Witnesses
While millions of Americans fought the Nazis, liberty was under attack at home with the persecution of Jehovah's Witnesses who were intimidated and even imprisoned for refusing to salute the flag or serve in the armed forces. This study explores their defence of their First Amendment rights.
The Metaphysical Club
The Metaphysical Club was a group that met in Massachusetts, in 1872. The group believed that ideas are not things out there waiting to be discovered but are tools people invent to make their way in the world. This book is the story of that idea.
Inventing American Exceptionalism
Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Karl Llewellyn and the Realist Movement
First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.
The Crisis of Democratic Theory
Widely acclaimed for its originality and penetration, this award-winning study of American thought in the twentieth century examines the ways in which the spread of pragmatism and scientific naturalism affected developments in philosophy, social science, and law, and traces the effects of these developments on traditional assumptions of democratic theory.
The Strange Career of Legal Liberalism
Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal...
Louis D. Brandeis
As a young lawyer in the late nineteenth and early twentieth centuries, Louis Brandeis, born into a family of reformers who came to the United States to escape European anti-Semitism, established the way modern law is practiced. He was an early champion of the right to privacy and pioneer the idea of pro bono work by attorneys. Brandeis invented savings bank life insurance in Massachusetts and was a driving force in the development of the Clayton Antitrust Act, the Federal Reserve Act, and the law establishing the Federal Trade Commission. Brandeis witnessed and suffered from the anti-Semitism rampant in the United States in the early twentieth century, and with the outbreak of World War I, ...
