The Transformation of American Law, 1780-1860

The Transformation of American Law, 1780-1860

Author: Morton J. HORWITZ

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 378

ISBN-13: 0674038789

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In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.


The Business of Being a Lawyer

The Business of Being a Lawyer

Author: Pamela Bucy Pierson

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781628100167

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Based on the successful law school course, The Business of Being a Lawyer, this book is designed for use as a course book, as a supplement in ongoing related courses such as legal professions or law office practice, and as a resource for law school auxiliary programs such as Career Services, Student Support, and Financial Aid and Counseling. This book addresses three topics essential in today's legal education: (1) economic trends in the legal profession, (2) emotional intelligence issues relevant to the practice of law such as managing stress, maintaining balance, building resilience, and using one's strengths, (3) personal financial planning basics. This book recognizes that lawyers of the future will be "free agents" throughout their careers, changing jobs multiple times, and constantly having to demonstrate the value they add. To be an effective free agent will require all three tools: an understanding of the economic topography of the legal profession, good EQ skills, and financial management savvy. Incorporating legal scholarship on the economics of the legal profession, science from field of psychology, and financial planning made fun and engaging by following two hypothetical law students throughout their forty-year careers, this book includes case studies and specific advice. It is engaging, informative, practical and cutting edge. It is the first to bring these complex and interrelated topics together in one resource and relate them to the world facing today's law students.


Imagining Legality

Imagining Legality

Author: Austin Sarat

Publisher: University of Alabama Press

Published: 2011-09-12

Total Pages: 248

ISBN-13: 0817356789

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Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media. Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements. Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.


Hiding in Plain Sight

Hiding in Plain Sight

Author: Erika Denise Edwards

Publisher: University Alabama Press

Published: 2020-01-28

Total Pages: 185

ISBN-13: 0817320369

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Winner of The Association of Black Women Historians 2020 Letitia Woods-Brown Award for the best book in African American Women’s History and the 2021 Western Association of Women Historian's Barbara "Penny" Kanner Award 2021 Finalist for the Harriet Tubman Book Prize 2020 Finalist Berkshire Conference of Women Historians Book Prize​ Details how African-descended women’s societal, marital, and sexual decisions forever reshaped the racial makeup of Argentina Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children. Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scholars who assert that the black population drastically declined at the end of the nineteenth century because of the whitening or modernization process. She further contends that in Córdoba, Argentina, women of African descent (such as wives, mothers, daughters, and concubines) were instrumental in shaping their own racial reclassifications and destinies. This volume makes use of a wealth of sources to relate these women’s choices. The sources consulted include city censuses and notarial and probate records that deal with free and enslaved African descendants; criminal, ecclesiastical, and civil court cases; marriages and baptisms records and newsletters. These varied sources provide information about the day-to-day activities of cordobés society and how women of African descent lived, formed relationships, thrived, and partook in the transformation of racial identities in Argentina.


The Oxford Handbook of Prosecutors and Prosecution

The Oxford Handbook of Prosecutors and Prosecution

Author: Ronald F. Wright

Publisher: Oxford University Press

Published: 2021

Total Pages: 653

ISBN-13: 0190905425

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"This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--