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Signposts
In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education...
The Limits of Sovereignty
Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
The Contract Clause
Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American con...
The Price of Misfortune
A history of the struggle for debtors’ rights from the Civil War to the Great Depression What can be taken from someone who has borrowed money and cannot repay? What do the victims of misfortune owe to their lenders, and what can they keep for themselves? The answers to those questions, immensely important for debtors, creditors, and society at large, have changed over time. The Price of Misfortune examines the cause of debtors’ rights in the modern United States and the struggles of reformers who fought to establish financial freedoms in law. Daniel Platt shows how, in the wake of the Civil War, a range of advocates drew potent analogies between slavery, imprisonment for debt, and the e...
Moments of Despair
During the Civil War era, black and white North Carolinians were forced to fundamentally reinterpret the morality of suicide, divorce, and debt as these experiences became pressing issues throughout the region and nation. In Moments of Despair, Dav
Claiming the Union
This book examines Southerners' claims to loyal citizenship in the reunited nation after the American Civil War. Southerners - male and female; elite and non-elite; white, black, and American Indian - disagreed with the federal government over the obligations citizens owed to their nation and the obligations the nation owed to its citizens. Susanna Michele Lee explores these clashes through the operations of the Southern Claims Commission, a federal body that rewarded compensation for wartime losses to Southerners who proved that they had been loyal citizens of the Union. Lee argues that Southerners forced the federal government to consider how white men who had not been soldiers and voters, and women and racial minorities who had not been allowed to serve in those capacities, could also qualify as loyal citizens. Postwar considerations of the former Confederacy potentially demanded a reconceptualization of citizenship that replaced exclusions by race and gender with inclusions according to loyalty.
Litigating Across the Color Line
In a largely previously untold story, from 1865 to 1950, black litigants throughout the South took on white southerners in civil suits. Drawing on almost a thousand cases, Milewski shows how African Americans negotiated the southern legal system and won suits against whites after the Civil War and before the Civil Rights struggle.
