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The Legalist Reformation
Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Y...
The Roots of American Bureaucracy, 1830-1900
This innovative book argues that the mugwump reformers who built early bureaucracies cared less about enhancing government efficiency than about restraining the power of majoritarian political leaders in Congress and the executive branch.
Making Legal History
One of the academy’s leading legal historians, William E. Nelson is the Edward Weinfeld Professor of Law at New York University School of Law. For more than four decades, Nelson has produced some of the most original and creative work on American constitutional and legal history. His prize-winning books have blazed new trails for historians with their substantive arguments and the scope and depth of Nelson’s exploration of primary sources. Nelson was the first legal scholar to use early American county court records as sources of legal and social history, and his work (on legal history in England, colonial America, and New York) has been a model for generations of legal historians. This ...
Americanization of the Common Law
Americanization of the Common Law remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one. For this edition, Nelson has written a new preface in which he discusses the book's initial reception and the relevant historiographical issues that have arisen since it was first published in 1975.
The Fourteenth Amendment
In a remarkably fresh and historically grounded reinterpretation of the American Constitution, William Nelson argues that the fourteenth amendment was written to affirm the general public's long-standing rhetorical commitment to the principles of equality and individual rights on the one hand, and to the principle of local self-rule on the other.
In Pursuit of Right and Justice
Weinfeld was influential as a judge and community member - representing immigrants and their legal rights.
E Pluribus Unum
In E Pluribus Unum, eminent legal historian William E. Nelson shows that the colonies' gradual embrace of the common law was instrumental to the establishment of the United States. He traces how the diverse legal orders of Britain's thirteen colonies gradually evolved into one system, adding to our understanding of how law impacted governance in the colonial era and beyond.
Marbury V. Madison
This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
The Common Law in Colonial America
William E. Nelson's first volume of the four-volume The Common Law of Colonial America (2008) established a new benchmark for study of colonial era legal history. Drawing from both a rich archival base and existing scholarship on the topic, the first volume demonstrated how the legal systems of Britain's thirteen North American colonies-each of which had unique economies, political structures, and religious institutions -slowly converged into a common law order that differed substantially from English common law. The first volume focused on how the legal systems of the Chesapeake colonies--Virginia and Maryland--contrasted with those of the New England colonies and traced these dissimilariti...
William Tryon and the Course of Empire
William Tryon's role in the affairs of British America during the last years of the empire, and his inability to stem the collapse of that empire, makes for a fascinating story. Royal governor of North Carolina from 1765 to 1771 and then of New York from
